Agenda packet — Angels Camp City Council, February 7, 2023

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov

CITY OF ANGELS

CITY COUNCIL AGENDA
February 7, 2023
THIS MEETING WILL BE HELD AT ANGELS FIRE HOUSE, 1404 VALLECITO ROAD AND WILL BE OPEN TO PUBLIC.

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CITY COUNCIL appreciates your interest and encourages your participation. Regularly scheduled meeting are held the 1st and 3rd Tuesday of each month. The Agenda is divided into two sections:

CONSENT AGENDA: These matters include routine financial and administration actions and are usually approved by a single majority vote.

REGULAR AGENDA: These items include significant financial and administration actions of special interest, hearings and work sessions.

The numerical order of the items on this agenda is for convenience of reference. Items may be taken out of order upon request of the Mayor or Council Members. All questions shall be directed to the Mayor who, at his/her discretion, will refer to Staff.

Mayor Jennifer Herndon Vice Mayor Isabel Moncada Council Members Gretel Tiscornia, Alvin Broglio, Caroline Schirato
City Administrator Rebecca Callen City Attorney Doug White 5:00 p.m. REGULAR MEETING

1. ROLL CALL

2. ADJOURN TO CLOSED SESSION
A. Conference involving a Joint Powers Agency Utica Water and Power Authority

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov
Discussion will concern: Contracting Requirements
Local Agency Representative on Joint Powers Agency Board: City Council Member Alvin Broglio, Mayor Jennifer Herndon, UWPA General Manager Joel Metzger
6:00 p.m. REGULAR MEETING

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. REPORT OUT OF CLOSED SESSION
a. Conference involving a Joint Powers Agency Utica Water and Power Authority Discussion will concern: Contracting Requirements
Local Agency Representative on Joint Powers Agency Board: City Council Member Alvin Broglio, Mayor Jennifer Herndon, UWPA General Manager Joel Metzger

4. RECOGNITION AND ACKNOWLEDGEMENTS
A. Proclaim the week of February 13, 2023 through February 18th 2023 as Kindness Week in the City of Angels and Futher Deem the City as Random Acts of Kindness Zone

5. APPROVAL OF THE AGENDA AS POSTED (OR AMENDED)

6. PUBLIC COMMENT
The public may address the Council on any item of public interest not otherwise on the agenda that is within the jurisdiction of the city. No action may be taken. Matters to be addressed may be referred to City Staff or placed on a subsequent meeting Agenda. Speakers are limited to five minutes per person.

7. CONSENT AGENDA
A. Approve Resolution No. 23-10, Award Contract to Gold Electric for Maintenance and Repair of Lighting for the Greenhorn Creek LLD Areas as Identified in the Scope of Work, Rebecca Callen, City Administrator B. Calaveras Foothills Fire Safe Council Fire Prevention Grant Letter of Support, Rose Beristianos, City Clerk C. Approve Employee Election of State Disability Insurance Enrollment Form DE1378, Approve Corresponding sideletters and resolutions Angels camp Fire Fighters Association Side Letter and Resolution No. 23- 11, Form DE1378 Employment Development Department and Resolution No. 23-18 Elected Coverage Angels Camp Police Officers Association Form DE1378 Employment Development Department and Resolution No. 23-12 Elected Coverage City of Angels Employee Association Side Letter, Resolution No. 23-19, and Form DE1378 Employment Development Department and Resolution No. 23-13 Elected Coverage City of Angels Exempt Employees Side Letter, Resolution No. 23-20, and Form DE1378 Employment Development Department and Resolution No. 23-14 Elected Coverage, Rebecca Callen, City Administrator

8. REGULAR AGENDA
A. Approve Resolution No. 23-09, Awarding Contract(s) and Authorizing the City Administrator to Execute said Contract(s) for Designing and Constructing the Utica Park Playground, Amy Augustine, City Planner

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov
B. Accept a Briefing of Individual Assistance that is Now Available to Our Residents and Businesses, Rebecca Callen, City Administrator
C. Approve Resolution No. 23-15 and Approval of Rolleri Contruction Contract for the Police Range Project, Scott Ellis, Chief of Police
D. Approve Resolution No. 23-16, Awarding Contract to Sutton Enterprise for the Demolition, Removal and Replacement of Damaged Concrete Sidewalks in an Amount Not to Exceed $36,500, Rebecca Callen, City Administrator
E. Appoint a Council Member and Alternate to sit on the All-Hazards Subcommittee, Rebecca Callen, City Administrator
F. Discussion and Direction on Council Calendar for the Month of July and November 2023, Rose Beristianos, City Clerk
G. Approve Resolution No. 23-17, Adopting the City of Angels Strategic Plan, Rebecca Callen, City Administrator H. Discussion regarding Mid Year 2023 Budget and Approval of Resolution No. 23-21 for Budget Adjustments Requiring City Council Approval, Rebecca Callen, City Administrator

7. ADMINISTRATION REPORT

8. COUNCIL REPORT

9. CORRESPONDENCE

10. CALENDAR

11. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at City Hall 209-736- 2181. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title II) Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection at City Hall at 200 Monte Verda Street Ste. B, Angels Camp, CA 95222 during normal business hours. The Agenda is also available on line at www.angelscamp.gov.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov
DATE: February 15, 2023
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: APPROVE THE PROCLAMATION SETTING FEBRUARY 13TH THROUGH FEBRUARY 17TH, 2023 AS KINDNESS WEEK IN THE CITY OF ANGELS

RECOMMENDATION
Proclaim the week of February 13th through February 17th, 2023 as Kindness week in the City of Angels Camp and further deem the City as a Random Acts of Kindness Zone

BACKGROUND
This year, as in the past, the Seeds of Kindness project will encourage and work with several businesses and organizations to create an increased awareness for being kind.

FINANCIAL IMPACT
There is no financial impact

ATTACHMENTS
Proclamation

CITY OF ANGELS

PROCLAMATION
WHEREAS, the City of Angels recognizes the value of acts of kindness that are performed without prompting or reason and how these acts can positively impact the person offering kindness, the person receiving the act of kindness, and those witnessing; and,
WHEREAS, acts of kindness can be performed by any person in the City of Angels regardless of age, origin, education, gender, religious beliefs, lifestyle, or abilities for the good of those around them; and,
WHEREAS, kind individuals can create a more caring community and help to perpetuate genuine acts of kindness within their city, state and even throughout the world; and,
WHEREAS, we seek to cultivate thoughtful and compassionate residents by teaching our youth to make a difference through random acts of kindness; and, WHEREAS, Random Acts of Kindness Week is recognized as an international celebration intended to encourage all of us to practice acts of kindness in our homes, schools, businesses, and communities.

NOW, THEREFORE, BE IT RESOLVED that I, Jennifer Herndon, Mayor of Angels Camp, California hereby proclaim February 13th - 17th, 2023 as City of Angels Random Acts of Kindness Week
and encourage the people of Angels to practice random acts of kindness, in the spirit of compassion, kindness, and goodwill toward all persons.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Angels, California to be affixed this 7th day of February 2023.

CITY OF ANGELS, CALIFORNIA
A Municipal Corporation
Jennifer
Herndon
Mayor

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
DATE: February 7, 2023
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: AWARD CONTRACT TO GOLD ELECTRIC FOR MAINTENANCE AND REPAIR OF LIGHTING FOR THE GREENHORN CREEK LLD AREAS AS IDENTIFIED IN THE SCOPE OF WORK.

RECOMMENDATION
Award the Electrical maintenance and repair contract to Gold Electric.

BACKGROUND
The City of Angels released an RFP for Electrical Maintenance and Repair. The submissions were reviewed, and Gold Electric is the winning bid.

DISCUSSION
The Greenhorn Creek LLD has forty-eight streetlights, six pedestal lights with a total of forty-two candelabra lamps, and three monument sign lights with twelve LED lamps These electrical fixtures are within the road rights of way and other LLD maintained areas in the City of Angles Camp Lighting and Landscape District No. 2.

The City uses the annual Engineer’s Report to determine the charges that will be placed on each parcel to fund those projects and maintenance as laid out in the Prop 218 Hearings.

FINANCIAL IMPACT
All costs are incorporated in the GHC LLD budget.

ATTACHMENTS
City of Angels and Gold Electric Contract
Resolution 23-10
This Agreement is made and entered into as of the ____day of ______,______ by and between the CITY OF ANGELS, a municipal corporation ("City") and _Gold Electric, Inc (“Contractor").

RECITALS:

A. Contractor is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and
B. Contractor possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

C. City desires to retain Contractor to render professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. The Contractor shall furnish the following services in a professional manner:

Contractor shall perform the electrical service “Work” described on Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the Greenhorn Creek Owners LLD Committee, “Committee”.

2. Time of Performance. The services of Contractor are to commence upon execution of this Agreement and shall continue for a period of three years.

3. Compensation. Compensation for the Work to be paid to the Contractor shall be time and material at composite per hour labor rate of $105.00 per hour, a material cost mark-up of 30% plus current sales tax and a lift truck cost per hour of $45.00 with justification of service accomplished. The Contractor shall submit to the City a revised schedule and supporting California Consumer Price Index information for any requested changes annually. Payment by the City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Contractor shall submit billings to the Committee and the City describing the work performed. Contractor's bills shall include a description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures including itemized material breakdown and lift truck costs if required. City shall pay the Contractor no later than 30 days after approval of the invoice by City staff.

5. Work Definition. The work specified in Exhibit A shall be on request by the City through the Committee Maintenance Manager. The contractor shall not perform, nor be compensated for, Electrical Maintenance Work without written authorization from the Committee Maintenance Manager or his designee.

6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days’ written notice of termination. Upon termination, Contractor shall be entitled to compensation for services performed up to the effective date of termination.

7. Contractor's Books and Records.

Contractor shall maintain records of expenditures including materials supporting invoices which shall be available for inspection upon written request by the City or its representative for the duration of the contract.

8. Independent Contractor. It is understood that Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Contractor shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Contractor hereby expressly waives any claim it may have to any such rights.

9.Interest of Contractor. Contractor (including principals, associates, and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the Greenhorn Creek LLD covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

10.Professional Ability of Contractor. City has relied upon the professional training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in the Contractor’s field of expertise.

11.Compliance with Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.

12. Licenses. Contractor represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of Contractor to practice its profession.

Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession.

13. Indemnity. Contractor shall indemnify and hold harmless City, its elected and appointed officials, officers, employees, and volunteers (collectively, “City”) from losses, costs, liabilities and expenses for any damage, injury or death (collectively, “Liability”) arising directly or indirectly from or connected with the services provided under this Agreement to the extent that such Liability is caused by the negligence or willful misconduct of Contractor, its officers, employees, agents, contractors, subcontractors, Contractors, or any person under its direction or control and shall make good to and reimburse the City for any expenditures, including reasonable attorneys’ fees City may incur by reason of such matters. Contractor’s obligations under this Section shall exist regardless of concurrent negligence or willful misconduct on the part of the City or any other person; provided, however, that Contractor shall not be required to indemnify the City for the proportion of Liability a court determines is attributable to the negligence or willful misconduct of City. City acknowledges that this indemnity does not require the Contractor to provide an up-front legal defense to the City. This indemnification clause shall survive the termination or expiration of this Agreement.

Contractor further agrees to provide, at Contractor’s expense, reasonable assistance to the City in responding to third party claims to the extent such claims implicate the quality of the Contractor’s performance under this Agreement, which assistance shall include selection, management, and compensation of expert witnesses as necessary to substantiate or defend the quality of the Contractor’s performance under this Agreement, as well as making Contractor’s employees and project work product available as reasonably necessary to assist in the defense of such claims. This shall not preclude the City from recovering its reasonable attorneys’ fees and defense costs in responding to third party claims to the extent such claims are found to have been caused by the Contractor’s negligence or willful misconduct.

14. Insurance Requirements.
a. Commercial General Liability
i. Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Vendor’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required.
ii. Any failure to comply with reporting provisions of the policies by Vendor shall not affect coverage provided the City.
iii. Coverage shall state that Vendor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. iv. Coverage shall contain a waiver of subrogation in favor of the City. b. Business Automobile Liability
i. Vendor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than two million dollars ($2,000,000) per accident.
c. Workers’ Compensation and Employers’ Liability
ii. Vendor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Vendor shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
d. All Coverages
i. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. ii. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
iii. Evidence of Insurance - Prior to commencement of work, the Vendor shall furnish the Committee and the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Vendor must agree to provide complete, certified copies of all required insurance policies if requested by the City. iv. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher.

15. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first-class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Angels
P.O. Box 667, 200 Monte Verda St., Suite B.

Angels Camp, CA 95222
Attention: Rebecca Callen, City Administrator
If to the Committee:

Greenhorn Creek LLD, P.O. Box 925, Angels Camp, CA 95222 Attention: Owners LLD Committee Maintenance Manager
If to Contractor: __________________________
________________________________________
________________________________________
Attention: _________________________________

16. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the Agency and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

17. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City special counsel.

18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Contractor. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the Committee and the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If the City consent to such subcontract, Contractor shall be fully responsible to the City for all acts or omissions of the subcontractor.

Nothing in this Agreement shall create any contractual relationship between the City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

20. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

21. Litigation Expenses and Attorneys' Fees. If any party to this Agreement commences any legal action against another party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.

22. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

23. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

24. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

25. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

IN WITNESS HEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF ANGELS: Contractor:

By: By: ______________________________
Rebecca Callen, Name
City Administrator Principle
ATTEST:

Rose Beristianos,
Deputy City Clerk
APPROVED AS TO FORM:

Douglas White, City Attorney
Exhibit ‘A’

SCOPE OF WORK

1. DESCRIPTION OF SCOPE OF SERVICES
The Contractor shall provide all labor, supervision, tools, materials, equipment, transportation, hauling, dumping, permits, insurance, and other applicable items needed to perform the electrical maintenance and repair services for the Greenhorn Creek LLD forty-eight streetlights, six pedestal lights with a total of forty-two candelabra lamps, and three monument sign lights with twelve LED lamps shown on Map 1. These electrical fixtures are within the road rights of way and other LLD maintained areas in the City of Angles Camp Lighting and Landscape District No. 2. All questions regarding this Specification and Scope of Work shall be directed to the Committee Maintenance Manager in writing.

The Contractor shall implement the highest level of quality maintenance compatible with standard electrical practices and modern techniques accepted by the industry. All electrical services shall be performed by a person(s) with at least one (1) year of relevant electrical experience, and directly employed and supervised by the Contractor. Such Contractor shall have at least three (3) years of relevant experience. All work shall be performed with the utmost concern for the safety of both the workers and the public.

The Contractor shall respond to calls for service within one day and shall complete lighting repairs within fifteen working days after receiving notification of a problem dependent upon availability of repair materials.

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Map 1 Routine Maintenance LLD Work
RESOLUTION 23-10

APPROVAL OF THE CONTRACT BETWEEN THE CITY OF ANGELS AND GOLD ELECTRIC FOR ELECTRICAL

MAINTENANCE AND REPAIRS ON GREENHORN CREEK LLD LIGHTING WHEREAS, the City of Angels released an RFP for Electrical maintenance and repairs for GHC LLD lighting on November 15, 2022; and
WHEREAS, bids were accepted through December 5, 2022; and WHEREAS, Gold Electric is the recommended contractor; and WHEREAS, it has been determined that Gold Electric has the necessary personnel, equipment, and expertise to carry out the maintenance and repair projects; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Angels, approves the Agreement and designates the City Administrator to execute the necessary documents between Gold Electric and the City of Angels, as attached.

Ayes:

Noes:

Absent:

Abstain:
________________________________
Jennifer Herndon, Mayor
ATTEST:
_________________________________
Rose Beristianos
City Clerk

HOME OF THE JUMPING FROG

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov
Date: February 7, 2023
To: City of Angels City Council
From: Rose Beristianos, City Clerk
RE: Calaveras Foothills Fire Safe Council Fire Prevention Grant Recommendation
Staff recommends the Council’s support., completing the letter with the Mayor’s Signature.

BACKGROUND
Calaveras Foothills Fire Safe Council is applying to create a shaded fuel break within and around the City of Angels within the wildland urban interface and is asking for a letter of support.

FINANCIAL IMPACT
There is no direct cost to the City.

ATTACHMENTS
Sample letter attached.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov
February 7, 2023
TO: Cal Fire Grants Management Unit
RE: Calaveras Foothills Fire Safe Council Fire Prevention Grant To Whom It May Concern:

The City of Angels supports the Calaveras Foothills Fire Safe Council application to create a shaded fuel break within and around the City of Angels within the wildland urban interface.

As you know, fires from surrounding wildlands can endanger the City just as fires from the City can endanger the surrounding SRA wildlands.

A fuel break near this concentrated population area would reduce fire risk and protect critical infrastructure.

The City of Angels strongly supports the Calaveras Foothills Fire Safe Council's efforts to reduce fuel loads within the wildland urban interface and believes the effort will potentially save many lives, property, and critical infrastructure.

Sincerely,
Jennifer Herndon, Mayor
City of Angels Camp

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
DATE: February 7, 2023
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: APPROVE EMPLOYEE ELECTION OF STATE DISABILITY INSURANCE ENROLLMENT FORM DE1378, APPROVE CORRESPONDING SIDELETTERS, AND RESOLUTIONS ANGELS CAMP FIRE FIGHTERS ASSOCIATION SIDE LETTER AND RESOLUTION NO. 23- 11, FORM DE1378 EMPLOYMENT DEVELOPMENT DEPARTMENT AND RESOLUTION NO. 23-18 ELECTED COVERAGE
ANGELS CAMP POLICE OFFICERS ASSOCIATION FORM DE1378 EMPLOYMENT DEVELOPMENT DEPARTMENT AND RESOLUTION NO. 23-12 ELECTED COVERAGE CITY OF ANGELS EMPLOYEE ASSOCIATION SIDE LETTER, RESOLUTION NO. 23-19, AND FORM DE1378 EMPLOYMENT DEVELOPMENT DEPARTMENT AND RESOLUTION NO. 23- 13 ELECTED COVERAGE
CITY OF ANGELS EXEMPT EMPLOYEES SIDE LETTER, RESOLUTION NO. 23-20, AND FORM DE1378 EMPLOYMENT DEVELOPMENT DEPARTMENT
AND RESOLUTION NO. 23-14 ELECTED COVERAGE

RECOMMENDATION
Approve the elections of the Angels Camp Firefighters Association, the Angels Camp Police Officers Association, the City of Angels Employee Association and the Angels Camp Exempt group to participate in SDI (State Disability Insurance program).

BACKGROUND
City staff are currently not participating in the SDI program. After reviewing the overall benefits of each represented and unrepresented classification, the benefit is one that is extremely important to our staff’s wellness and financial security.

DISCUSSION
SDI is a common benefit provided by many public and private employers. The 2023 withholding rate is

0.9 percent. The taxable wage limit is $153,164 and the maximum to withhold for each employee is $1,378.48.

For a position with wages of $45,000, then annual withholding would be $4005 per year, or $15.57 per paycheck. The benefit is paid as a deduction from the employee and the City would report and pay those

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
collections to the State. Once an employee has a minimum of $300 in deductions during a base year, an employee is eligible to submit a claim for benefits.

Currently, if an employee has a non-industrial injury, protected family leave, illness, or any other Family medical leave, they must use their leave balances. As an example, an employee who is out on maternity leave can legally take 12 weeks. This equates to 480 hours of leave, should they want to take all that time.

The current MOU caps Fire and Police at 1 ½ times the annual vacation accrual. Take an employee who has been here from 1-11 years and that would be 134 hours. This employee would be 346 hours short and would be in a non-paid status while they are out on a legal leave. They could use some sick time in addition to any Compensated Time Off, but the bulk would be unpaid.

Compare this to an employee who has SDI benefits. The employee would receive this benefit would receive a weekly benefit amount of approximately 66% of their City Pay. Should an employee want to receive the remainder of their compensation (the 33%) over that period, instead of 480 hours, they would only need to use 158 hours.

This discussion was had with Police Officer Association, who approved the change in the latest MOU, Firefighters Association who have approved the Side Letter, the City of Angels Employee Association who approved the Side Letter, and the unrepresented Management who have voted via a petition.

Elected are not able to legally participate.

FINANCIAL IMPACT
There is no financial impact to the City, other that minimal administrative costs to setup the payroll system, quarterly reporting, and payment processing to the State.

ATTACHMENTS
Angels camp Fire fighters association Side Letter and Resolution No. 23- 11, form DE1378 Employment Development Department and Resolution No. 23-18 Elected Coverage Angels Camp Police Officers Association form DE1378 Employment Development Department and Resolution No. 23-12 Elected Coverage

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
City of Angels Employee Association side letter, Resolution No. 23-19, and form DE1378 Employment Development Department and Resolution No. 23-13 Elected Coverage City of Angels Exempt Employees side letter, Resolution No. 23-20, and form DE1378 Employment Development Department and Resolution No. 23-14 Elected Coverage

Revised Section
BEREAVEMENT LEAVE - To comply with new labor requirements set in GC 12945.7 A. Benefit- Per Government Code 12945.7, employees are authorized to take up to five (5) days of bereavement to attend to the death of a family member. Family members means a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law as defined in Section 128945.2 GC.

B. Days of bereavement need not be consecutive but shall be completed within three (3) months of the death of the family member.

C. Three (3) days of bereavement leave shall be paid. If the employee needs the additional two (2) days of bereavement, the employee may use vacation, sick leave, or compensatory leave or may request the additional days to be unpaid.

D. Within thirty (30) days of the first day of the leave, the employee shall provide documentation of the death of the family member. This includes, but is not limited to, a death certificate, a published obituary, or written verification of death, burial, or memorial services form a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency, all of which will remain confidential by the employer.

E. Additional Leave Application -Additional consideration may be given to special cases as determined by the Fire Chief. CTONacation time may be approved in conjunction with bereavement leave if it does not unduly disrupt the department schedule.

CITY OF ANGELS
Angels Camp Firefighters Association
By�k ii

CITY OF ANGELS
By: _________ _
Rebecca Callen
City Administrator
By: ----------
Jennifer Herndon
Mayor

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 23-11

A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL

ADOPTING THE ANGELS CAMP FIREFIGHTERS SIDE LETTERTO THE THREE

MEMORANDUM OF UNDERSTANDING
WHEREAS, the Angels Camp Firefighters Association members have met and conferred; and WHEREAS, the Angels Camp Firefighters Association has approved the attached Side Letter, with the begin date of, February 13, 2023, and expiring June 30, 2024; and NOW, THEREFORE, BE IT RESOLVED, that the City of Angels City Council does hereby approve the Side Letter as an addition to the Memorandum of understanding between the City and the Angels Camp Firefighters Association as set forth in Attachment A which is attached hereto and made a part hereof.

PASSED AND ADOPTED this 7th day of February 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Jennifer Herndon, Mayor
_______________________
Rose Beristianos,
City Clerk

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Taxpayer Assistance Center, Attention: Specialized Coverage Desk, P.O. Box 2068, Rancho Cordova, CA 95741-2068, 916-654-6288 Application for Elective Coverage of State Disability Insurance* *Includes Paid Family Leave (PFL).

ONLY
For Department Use Only
Account No.

Statistical Code
Effective Date
Approved By
Date
Employer Notified
(Date)
Send
Number of Employees

IMPORTANT
This form is not an application for an account number under the compulsory provisions of the California Unemployment Insurance Code (CUIC). Do not complete this form unless you wish to apply for State Disability Insurance coverage ONLY for your employees under Section 702.6, 710.4, 710.5, 710.6, or 710.9 of the CUIC. Coverage under these sections of the CUIC does not make provision for Unemployment Insurance benefits.

Complete this form only for:

1. Employing units with eligible employees who are California residents whose services are covered by the unemployment compensation laws of another state that does not have a disability insurance program under Section 702.6 of the CUIC.

2. Employees of any of the following:
• A public school employer under Section 710.4 of the CUIC. • A public agency employer under Section 710.5 of the CUIC. • An Indian tribe under Section 710.6 of the CUIC.
• A community college district under Section 710.9 of the CUIC.

NOTE: If your application is approved, the elective coverage agreement will be subject to all of the requirements and conditions outlined in the Information Concerning Elective Coverage for State Disability Insurance ONLY Under Section 702.6, 710.4, 710.5, 710.6, or 710.9 of the California Unemployment Insurance Code (DE 1378P) form. Please retain your copy of the DE 1378P for reference.
******************
Please Type or Print

1. Name of Employer
(Phone)

2. Business Address
(Number and Street) (City) (County) (State) (ZIP Code)

3. Mailing Address
(Number and Street) (City) (County) (State) (ZIP Code)

4. Type of Employer – (Check one)
Employing Unit With Eligible Employees – Section 702.6
Public School – Section 710.4 Indian Tribe – Section 710.6 Public Agency – Section 710.5 Community College District – Section 710.9

5. Law under which agency/employer was established. (Does not apply to Indian Tribes.) (a) California General Laws
Title of Act Number Year Enacted
OR
(b) California Codes
Title of Code Number Part Chapter
Sections to

6. Members of governing body of the employer.

Name Title Residence Address
DE 1378N Rev. 13 (12-13) (INTERNET)

7. This application covers employees of the following appropriate units:

Bargaining Unit
Management
Confidential
Unrepresented
Academic
Other
Show Name of Bargaining Unit or Describe Type of Services

8. Complete this schedule covering all elected officers and appointees who perform services for the agency named in Item

Title of Position
No. of Positions
in this Category By Whom Appointed
No. of Such Individuals
Desiring Coverage
(c) Total number of employees to be covered (excluding elected officers and those appointed by the Governor).

9. Deductions should not be made from your employees' wages for the purpose of paying employee contributions required under the CUIC until your election is approved.

10. On what date do you wish elective coverage to commence? Keep in mind that the commencement date of an elective coverage agreement shall not be prior to the first day of the calendar quarter in which the application is filed, nor later than the first day of the following calendar quarter.

First day of current quarter First day of next quarter

11. Attach a copy of either:
• The negotiated agreement between the employer and the recognized employee organization or written petition signed by a majority of the eligible employees to be covered by the election under Section 702.6 of the CUIC.

OR
• The resolution in which the governing body described in Item 6 approved the filing of an application for elective coverage under Section 710.4, 710.5, 710.6, or 710.9 of the CUIC. ******************
The employing unit with eligible employees or governmental or tribal entity described in Item 1 hereby files its application under Section 702.6, 710.4, 710.5, 710.6, or 710.9 of the CUIC to become an employer subject to the CUIC. It is understood that upon approval of the election by the Director, the Employing Unit/Public School/Public Agency/Indian Tribe/Community College District will be an employer subject to the CUIC for State Disability Insurance purposes ONLY to the same extent as other employers as of the date specified in the approval, and will remain a subject employer for at least two complete calendar years and thereafter, until this election is terminated as provided by the CUIC.

I declare that this application has been examined by me, and to the best of my knowledge, it is true and correct and made in good faith under the provisions of the CUIC.

This declaration must be signed by one
or more individuals shown under Item 6.
(Signed) Date
(Signed) Date
(Signed) Date

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 23-18

A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL APPROVING THE FILING OF AN APPLICATION FOR ELECTIVE COVERAGE UNDER SECTION 710.5 OF THE

CALIFORNIA UNEMPLOYEMENT INSURANCE CODE (CUIC) FOR THE ANGELS CAMP

FIREFIGHTERS' ASSOCIATION BARGAINING UNIT
WHEREAS, the Angels Camp Firefighters Association discussed the SDI benefits with their membership; and
WHEREAS, the Side Letter including the election was signed and submitted to the City Administrator; and
WHEREAS, the City of Angels City Council approved the Side Letter on February 7, 2023; and WHEREAS, the Benefit would greatly improve the wellness and financial safety of our employees; and NOW, THEREFORE, BE IT RESOLVED, that the City of Angels City Council does hereby approve the filing of an application for elective coverage under Section 710.5 of the CUIC for the Angels Camp Firefighters Association.

PASSED AND ADOPTED this 7th day of February, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Jennifer Herndon Mayor
_______________________
Rose Beristianos,
City Clerk

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Page 1 of 2 ends

ONLY
For Department Use Only
Account No.

Statistical Code
Effective Date
Approved By
Date
Employer Notified
(Date)
Send
Number of Employees

Complete this form only for:

1. Name of Employer
(Phone)

2. Business Address
(Number and Street) (City) (County) (State) (ZIP Code)

3. Mailing Address
(Number and Street) (City) (County) (State) (ZIP Code)

6. Members of governing body of the employer.

Name Title Residence Address
DE 1378N Rev. 13 (12-13) (INTERNET)

7. This application covers employees of the following appropriate units:

Bargaining Unit
Management
Confidential
Unrepresented
Academic
Other
Show Name of Bargaining Unit or Describe Type of Services

8. Complete this schedule covering all elected officers and appointees who perform services for the agency named in Item

1. Exclude individuals listed in Item 6.
(a) Elected offices: (These individuals are ineligible for coverage.) Title of Position
(b) Person holding appointive positions: (These individuals are eligible for coverage unless appointed to fill a vacant elected office.)
Title of Position
No. of Positions
in this Category By Whom Appointed
No. of Such Individuals
Desiring Coverage
(c) Total number of employees to be covered (excluding elected officers and those appointed by the Governor).

9. Deductions should not be made from your employees' wages for the purpose of paying employee contributions required under the CUIC until your election is approved.

First day of current quarter First day of next quarter

I declare that this application has been examined by me, and to the best of my knowledge, it is true and correct and made in good faith under the provisions of the CUIC.

This declaration must be signed by one
or more individuals shown under Item 6.
(Signed) Date
(Signed) Date
(Signed) Date

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Angels Camp Police Officers Association

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 23-12

A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL APPROVING THE FILING OF AN APPLICATION FOR ELECTIVE COVERAGE UNDER SECTION 710.5 OF THE

CALIFORNIA UNEMPLOYEMENT INSURANCE CODE (CUIC) FOR THE ANGELS CAMP

POLICE OFFICERS ASSOCIATION BARGAINING UNIT
WHEREAS, the Angels Camp Police Officers Association discussed the SDI benefits with their membership; and
WHEREAS, the MOU including the election to participate in SDI was adopted on January 3, 2023; and WHEREAS, the Benefit would greatly improve the wellness and financial safety of our employees; and NOW, THEREFORE, BE IT RESOLVED, that the City of Angels City Council does hereby approve the filing of an application for elective coverage under Section 710.5 of the CUIC for the Angels Camp Police Officers Association.

PASSED AND ADOPTED this 7th day of February 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Jennifer Herndon Mayor
_______________________
Rose Beristianos,
Deputy City Clerk

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SIDE LETTER AGREEMENT
City of Angels
and
City of Angels Employee Association
January 19, 2023
WHEREAS, THE City of Angels (“City”) and the City of Angels Employee Association (“Association”), hereinafter collectively the “Parties,” have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment; and
WHEREAS, the prior Memorandum of Understanding (“MOU”) between the Parties, which sets forth the wages, hours, and other terms and conditions of employment for Employee’s Association unit employees, was effective July 1, 2021, and remains in effect beyond the ending date of June 30, 2024, until a successor MOU is negotiated; and
WHEREAS, the parties agree that all terms and conditions of the prior Memorandum of Understanding shall remain in full force and effect, except as modified by this Side Letter.

TERMS AND CONDITIONS OF THIS SIDE LETTER
Requested addition in MOU Language:

New Section:

STATE DISABILITY INSURANCE
Employees represented by this agreement elect to participate in the California State Disability Program.

The SDI program is funded entirely through mandatory employee payroll contributions using rates established annually by EDD. Use of the program must be coordinated with Payroll. Employees are not required to use vacation, paid time off, or sick leave when receiving Disability Insurance Benefits.

Employees using Disability benefits for Paid Family Leave are required to take one week of earned, but unused, vacation leave and/or CTO prior to receiving PFL.

The parties agree that other than the section listed above, the remaining provisions of the MOU shall remain in full force and effect unless they conflict with the terms of this Side Letter, in which case this Side Letter will control.

Revised Section
BEREAVEMENT LEAVE – To comply with new labor requirements set in GC 12945.7 A. Benefit- Per Government Code 12945.7, employees are authorized to take up to five (5) days of bereavement to attend to the death of a family member. Family members means a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law as defined in Section 128945.2 GC.

B. Days of bereavement need not be consecutive but shall be completed within three (3) months of the death of the family member.

E. Additional Leave Application -Additional consideration may be given to special cases as determined by the Public Works Superintendent. CTO/Vacation time may be approved in conjunction with bereavement leave if it does not unduly disrupt the department schedule.

CITY OF ANGELS CITY OF ANGELS
City of Angels Employee Association
By: ______________________________ By: ___________________________ Rebecca Callen
City Administrator
By: ___________________________
Jennifer Herndon
Mayor

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 23-19

A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL

ADOPTING THE CITY OF ANGELS EMPLOYEE ASSOCIATION SIDE LETTER TO THE

MEMORANDUM OF UNDERSTANDING
WHEREAS, the City of Angels Employee Association members have met and conferred; and WHEREAS, the City of Angels Employee Association has approved the attached Side Letter, with the begin date of, February 13, 2023, and expiring June 30, 2024; and NOW, THEREFORE, BE IT RESOLVED, that the City of Angels City Council does hereby approve the Side Letter as an addition to the Memorandum of understanding between the City and the City of Angels Employee Association as set forth in Attachment A which is attached hereto and made a part hereof.

PASSED AND ADOPTED this 7th day of February 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Jennifer Herndon, Mayor
_______________________
Rose Beristianos,
City Clerk

HOME OF THE JUMPING FROG

Page 1 of 2 ends

ONLY
For Department Use Only
Account No.

Statistical Code
Effective Date
Approved By
Date
Employer Notified
(Date)
Send
Number of Employees

Complete this form only for:

1. Name of Employer
(Phone)

2. Business Address
(Number and Street) (City) (County) (State) (ZIP Code)

3. Mailing Address
(Number and Street) (City) (County) (State) (ZIP Code)

6. Members of governing body of the employer.

Name Title Residence Address
DE 1378N Rev. 13 (12-13) (INTERNET)

7. This application covers employees of the following appropriate units:

Bargaining Unit
Management
Confidential
Unrepresented
Academic
Other
Show Name of Bargaining Unit or Describe Type of Services

8. Complete this schedule covering all elected officers and appointees who perform services for the agency named in Item

9. Deductions should not be made from your employees' wages for the purpose of paying employee contributions required under the CUIC until your election is approved.

First day of current quarter First day of next quarter

I declare that this application has been examined by me, and to the best of my knowledge, it is true and correct and made in good faith under the provisions of the CUIC.

This declaration must be signed by one
or more individuals shown under Item 6.
(Signed) Date
(Signed) Date
(Signed) Date

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Angels Camp Employee Association

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 23-13

A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL APPROVING THE FILING OF AN APPLICATION FOR ELECTIVE COVERAGE UNDER SECTION 710.5 OF THE

CALIFORNIA UNEMPLOYEMENT INSURANCE CODE (CUIC) FOR THE CITY OF ANGELS

EMPLOYEE ASSOCIATION BARGAINING UNIT
WHEREAS, the City of Angels Employee Association discussed the SDI benefits with their membership; and
WHEREAS, the sideletter participate in SDI was adopted on February 7, 2023; and WHEREAS, the Benefit would greatly improve the wellness and financial safety of our employees; and NOW, THEREFORE, BE IT RESOLVED, that the City of Angels City Council does hereby approve the filing of an application for elective coverage under Section 710.5 of the CUIC for the City of Angels Employe Association.

PASSED AND ADOPTED this 7th day of February 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Jennifer Herndon, Mayor
_______________________
Rose Beristianos,
City Clerk

HOME OF THE JUMPING FROG

SIDE LETTER AGREEMENT
City of Angels
and
City of Angels Exempt Employees
January 19, 2023
WHEREAS, THE City of Angels (“City”) and the City of Angels Exempt Employee hereinafter collectively the “Parties,” have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment; and
WHEREAS, the prior Memorandum of Understanding (“MOU”) between the Parties, which sets forth the wages, hours, and other terms and conditions of employment for Exempt Employee’s, was effective May 22, 2022, and remains in effect beyond the ending date of June 30, 2024, until a successor MOU is negotiated; and
WHEREAS, the parties agree that all terms and conditions of the prior Memorandum of Understanding shall remain in full force and effect, except as modified by this Side Letter.

TERMS AND CONDITIONS OF THIS SIDE LETTER
Requested addition in MOU Language:

New Section:

STATE DISABILITY INSURANCE
Employees represented by this agreement elect to participate in the California State Disability Program.

Employees using Disability benefits for Paid Family Leave are required to take one week of earned, but unused, vacation leave and/or CTO prior to receiving PFL.

B. Days of bereavement need not be consecutive but shall be completed within three (3) months of the death of the family member.

CITY OF ANGELS CITY OF ANGELS
City of Angels Exempt Employee
By: ______________________________ By: ___________________________ Rebecca Callen
City Administrator
By: ___________________________
Jennifer Herndon
Mayor

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 23-20

A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL

ADOPTING THE CITY OF ANGELS EMPLOYEE ASSOCIATION SIDE LETTER TO THE

PASSED AND ADOPTED this 7th day of February 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Jennifer Herndon, Mayor
_______________________
Rose Beristianos,
City Clerk

HOME OF THE JUMPING FROG

Page 1 of 2 ends

ONLY
For Department Use Only
Account No.

Statistical Code
Effective Date
Approved By
Date
Employer Notified
(Date)
Send
Number of Employees

Complete this form only for:

1. Name of Employer
(Phone)

2. Business Address
(Number and Street) (City) (County) (State) (ZIP Code)

3. Mailing Address
(Number and Street) (City) (County) (State) (ZIP Code)

6. Members of governing body of the employer.

Name Title Residence Address
DE 1378N Rev. 13 (12-13) (INTERNET)

7. This application covers employees of the following appropriate units:

Bargaining Unit
Management
Confidential
Unrepresented
Academic
Other
Show Name of Bargaining Unit or Describe Type of Services

8. Complete this schedule covering all elected officers and appointees who perform services for the agency named in Item

9. Deductions should not be made from your employees' wages for the purpose of paying employee contributions required under the CUIC until your election is approved.

First day of current quarter First day of next quarter

I declare that this application has been examined by me, and to the best of my knowledge, it is true and correct and made in good faith under the provisions of the CUIC.

This declaration must be signed by one
or more individuals shown under Item 6.
(Signed) Date
(Signed) Date
(Signed) Date
Administrative Services Officer 1 Rose Beristianos 1
Public Works Superintendent 1 Chris O'Flinn 1

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Angels Camp Exempt Employees

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 23-14

A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL APPROVING THE FILING OF AN APPLICATION FOR ELECTIVE COVERAGE UNDER SECTION 710.5 OF THE

CALIFORNIA UNEMPLOYEMENT INSURANCE CODE (CUIC) FOR THE ANGELS CAMP

EXEMPT UNIT
WHEREAS, the Angels Camp Exempt Unit positions are Finance Director, Administrative Services Officer, Fire Chief, Police Chief, Public Work Superintendent, and City Administrator discussed the SDI benefits; and
WHEREAS, a petition was circulated the week of January 23, 2023; and WHEREAS, a majority of the group approved the elective coverage; and NOW, THEREFORE, BE IT RESOLVED, that the City of Angels City Council does hereby approve the filing of an application for elective coverage under Section 710.5 of the CUIC for the Unrepresented Management Positions.

PASSED AND ADOPTED this 7th day of February 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Jennifer Herndon Mayor
_______________________
Rose Beristianos,
City Clerk

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PLANNING
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 1 DATE: February 7, 2023
TO: City Council
FROM: Amy Augustine, City Planner
RE: RESOLUTION 23-09 AWARDING CONTRACT(S) AND AUTHORIZING THE CITY ADMINISTRATOR TO

EXECUTE SAID CONTRACT(S) FOR DESIGNING AND CONSTRUCTING THE UTICA PARK PLAYGROUND

RECOMMENDATION
Approve Resolution 23-09 awarding a 1) design and 2) construction contract and authorizing the city administrator to execute said contracts for designing and constructing the Utica Park Playground.

BACKGROUND:

The City of Angels (Angels Camp) received $460,000 in local and state funding to design and build a playground to replace the existing playground at Utica Park in Angels Camp. Due to funding restrictions on the grant awarded to the Angels Camp Community Club, a portion of the playground must be open to the public no later than October 18, 2023 ($135,000 limited to equipment only). Remaining funds must be expended no later than June 30, 2024.

The City already hired the San Joaquin County Office of Education – Greater Valley Conservation Corps to remove all existing playground equipment (including below-ground cement) and large hazardous trees in preparation for the new playground. Extensive public outreach already has been conducted. A small committee overseen by the City will review proposed designs from the consultant to facilitate design approval. Based on extensive community outreach, the new playground should:

Divide the children’s play areas into facilities for (approximately) ages 0-5 and 6-13. Fence the play areas to avoid children running into the street. Provide ample seating areas for parents and grandparents and ADA accessibility to allow seniors to watch children play and for physically challenged children to access the play area. Overall design should be creative and not like every other playground. Encourage imagination play. Fewer poles and decks and more play structures are a must.

Nature-oriented design incorporating sculptural climbing structures such as a frog or dinosaur, “trees” anchoring slides, climbing structures and providing a treehouse-type adventure area with other climbing structures are highly rated by residents. Incorporating a play structure(s) reflecting the site’s mining history, railroad history, toy excavator, and/or a fire engine that can be “driven” is encouraged.

PLANNING
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 2 • Monkey bars (not curved monkey bars), zipline
• Obstacle course
• In-ground trampoline
• Old standards including a merry-go-round type structure and see-saw • Spring animals (rocking/riding animals)
Specific safety ideas that should be included in the project are:
• Provide an open area for kids to fly kites to keep them from playing in the parking lot • Fence the children’s play area to prevent running into the parking area • Replace wood chips in children’s play area with rubber or alternative surface for safety • Provide paved walkways for wheelchairs, walkers due to the uneven walking surface on grass • Clear brush and shrubs to provide a clear line-of-site, eliminate places to hide, reduce the potential for homeless encampments, and reduce fire hazard. Landscaping should emphasize retaining a clear line of site through the park.
• Exclude the use of exposed chains on swings for small children • Separate adult and children play areas
• Add a designated drop-off/pick up area
• Remove tree stumps
• Separate older and younger kid play areas
Not all of these items will be the consultant’s responsibility. The consultant’s emphasis will be on the design and installation of the playground itself and accessibility. Landscaping, fencing, removing tree stumps, designating or designing drop off/pick up areas, and most brush clearing, are not part of the consultant’s scope.

A separate Request for Proposals was released for the remainder of the Utica Park/Lightner Mine Expansion and Renovation. Those proposals are due February 17, 2023.

BID ANALYSIS
The City released a Request for Proposals posted on Public Purchase with links to that site included on the City’s website, on January 4, 2023, for the Utica Park Playground. The RFP was viewed by 109 firms and downloaded by 62 firms. A non-mandatory site visit was held January 17, 2023. Two potential bidders attended. Bids were due by noon PST on January 30, 2023. Three bids were received.

The City Administrator, City Planner, Public Works Superintendent and two representatives of the Angels Camp Community Club (Jessica Johnson and John Broglio) ranked and scored the bids as follows:

Firm Name Score (out of 100) Bid Amount
Specified Playground Equipment Company 93.4 $460,000
Miracle Play Systems 74.2 $246,346.46-$261,642.46/a/
Sutton Enterprises 49.8 $495,000
Park Planet Unscored – Received after deadline N/A
/a/ Does not include installation. Cost range due to optional equipment.

PLANNING
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 3 Based on the preceding, Specified Play Equipment Co. (SPEC) was determined to be the lowest and most qualified responsible bidder. Staff recommends awarding the contract to SPEC contingent upon City Attorney approval of the contracts and authorizing the City Attorney to make any potential minor amendments to the contract as may be necessary.

FISCAL IMPACT
None. The City was awarded $325,000 in State of California Rural Recreation and Tourism Funds towards the children’s playground (for design and construction) as part of a $3,000,000 grant for expansion and rehabilitation of Utica Park.

An additional $135,000 was awarded to the Angels Camp Community Club to purchase Playground equipment no later than October 18, 2023. Design and build contracts attached hereto do not exceed the $460,000 in local and state funding available for the Playground.

ATTACHMENTS
A. Request for Proposals
B. Bidders viewing and downloading RFB – Access Report
C. City Council Resolution 23-09 with Bid Proposal and Draft Contracts (Exhibit A to Resolution 23-09)

REQUEST FOR PROPOSALS
Phase I of the Utica Park Expansion and Renovation/Lighter Mine Expansion Project:

Utica Park Children’s Playground Project
Released January 4, 2023
Non-Mandatory Pre-Submittal Conference On-site
Utica Park Playground
1075 Utica Lane, Angels Camp, CA 95222
January 17, 2023, 1:00 p.m.

Deadline for Proposal Submission (Online Only)
January 27, 2023, 12:00 p.m.

Inquiries: Please direct questions to:

Amy Augustine, City Planner
[email protected]
(209) 743-2323

CITY OF ANGELS
PO Box 667, 200 Monte Verda St., Suite B
Angels Camp, CA 95222

ATTACHMENT A
RFP UTICA PARK CHILDREN’S PLAYGROUND - CITY OF ANGELS
2 Table of Contents
.................................................................................................................................................. 3 Request for Proposals................................................................................................................ 4 I. PROJECT SUMMARY AND DESCRIPTION ...................................................................... 4 II. REQUIRED PROPOSAL SUBMITTALS/ORGANIZATION ................................................. 5 III. CONTACT....................................................................................................................... 6 IV. PROJECT TIMETABLE................................................................................................... 6 V. PROPOSAL EVALUTION AND SELECTION...................................................................... 6 VI. GENERAL CONDITIONS................................................................................................ 9 Contract Information .................................................................................................................. 9 A. City of Angels ....................................................................................................................................9 B. Term/Termination.............................................................................................................................9 C. Successful Bid as Part of Contract Services.......................................................................................9 D. Funding Availability...........................................................................................................................9 E. Certifications, Hold Harmless, and Contract Template...................................................................10 Attachment A – Contract Template Design
Attachment B – Construction Template Construction
RFP UTICA PARK CHILDREN’S PLAYGROUND - CITY OF ANGELS
3 RFP UTICA PARK CHILDREN’S PLAYGROUND - CITY OF ANGELS 4 Request for Proposals
City of Angels Utica Park Children’s Playground
I. PROJECT SUMMARY AND DESCRIPTION
The City of Angels desires a consultant(s) to design and build a children's playground replacing the existing playground at Utica Park in Angels Camp, Calaveras County, CA. The children’s playground is Phase I of a two-phase project. A separate RFP will be issued for park renovation and expansion (excluding the playground). Consultants for the playground design and build need not be the same consultants hired to do the remaining park renovation and expansion.

Background/Funding Source
The City of Angels (Angels Camp) has received approximately $460,000 in local and state funding to design and build a playground to replace an existing playground at Utica Park in Angels Camp. Due to funding restrictions on a local grant, a portion of the playground must be open to the public no later than October 18, 2023 ($135,000 expenditure limited to equipment only). Remaining funds must be expended no later than June 30, 2024.

The City has hired the San Joaquin County Office of Education – Greater Valley Conservation Corps to remove all existing playground equipment (including below-ground cement) and large hazardous trees in preparation for the new playground. Extensive public outreach already has been conducted. A small committee overseen by the City will review proposed designs from the consultant to facilitate design approval.

Based on extensive community outreach, the new playground should:

Divide the children’s play areas into facilities for ages 0-5 and 6-13. Fence the play areas to avoid children running into the street. Provide ample seating areas for parents and grandparents and ADA accessibility to allow seniors to watch children play and for physically challenged children to access the play area. Overall design should be creative and not like every other playground. Encourage imagination play. Fewer poles and decks and more play structures are a must.

Other specific structures should include:
• More swings, a wider variety of swings including disc-swing(s), parent/child swing, ADA accessible swing, double-swings
• Music/percussion play instruments
• Climbing structures
• Monkey bars (not curved monkey bars), zipline
• Obstacle course
• In-ground trampoline
RFP UTICA PARK CHILDREN’S PLAYGROUND - CITY OF ANGELS
5 • Old standards including a merry-go-round type structure and see-saw • Spring animals (rocking/riding animals)
Specific safety ideas that should be included in the project are:
• Provide an open area for kids to fly kites to keep them from playing in the parking lot • Fence the children’s play area to prevent running into the parking area • Replace wood chips in children’s play area with rubber or alternative surface for safety
• Provide paved walkways for wheelchairs, walkers due to the uneven walking surface on grass
• Clear brush and shrubs to provide a clear line-of-site, eliminate places to hide, reduce the potential for homeless encampments, and reduce fire hazard. Landscaping should emphasize retaining a clear line of site through the park.
• Exclude the use of exposed chains on swings for small children • Separate adult and children play areas
• Add a designated drop-off/pick up area
• Remove tree stumps
• Separate older and younger kid play areas
Not all of these items will be the consultant’s responsibility. The consultant’s emphasis should be on the design and installation of the playground itself and accessibility.

Landscaping, fencing, removing tree stumps, designating or designing drop off/pick up areas, and most brush clearing, are not expected to be part of the consultant’s scope. A parcourse is anticipated outside of the children’s playground in conjunction with Phase II expansion.

II. REQUIRED PROPOSAL SUBMITTALS/ORGANIZATION
Proposals shall include, in the following order:

A. Cover Page
B. Approach/Understanding
C. List experience performing similar work on time and within budget D. Identify creativity in design from past work products E. Cost
F. Timeline
Proposals should not exceed 50 pages (resumes will not be counted as part of the 50 pages).

The cover page will count towards the total.

RFP UTICA PARK CHILDREN’S PLAYGROUND - CITY OF ANGELS
6 III. CONTACT
All questions (outside of those asked at the pre-submittal conference on January 17, 2023) should be submitted in writing and must be received by 2 p.m. on January 18, 2023, through https://www.publicpurchase.com/vendor/login/login.

For other questions, see Cover Page for contact information.

IV. PROJECT TIMETABLE
The City reserves the right to hold in-person interviews, if necessary.

Proposals must be received electronically (by e-mail) no later than 12:00 p.m. on January 27, 2023, via Public Purchase (https://www.publicpurchase.com/vendor/login/login). Please contact Amy Augustine (209) 743-2323 / [email protected] if you have any difficulties with your submittal.

V. PROPOSAL EVALUTION AND SELECTION
The objective is to perform a thorough and fair evaluation of submitted bids and facilitate the selection of a vendor that best satisfies the City’s requirements. The following evaluation process will be used:

The City shall name, for the purpose of evaluating the bids for this RFP, a Review Committee composed of representatives from the City. The City may also elect to include qualified representatives from other agencies or entities. Proposers may be telephoned and asked for further information and may be expected to appear for oral interviews, if necessary. References and/or previous clients will also be called.

Upon receipt of the proposals, a technical evaluation will be performed. The Review Committee shall be responsible for performing the evaluations of each proposal. Each member of the Committee shall rate the proposers separately. The scores of each of the Committee members shall then be averaged to provide a total score for each of the proposers. The bids shall be evaluated on the following categories and the maximum weight possible for each category is listed below:

ACTIVITY DATE
Release Request for Proposals (RFP) January 4, 2023
On-Site Pre-Submittal Conference January 17, 2023
Deadline to submit written questions January 18, 2023
Answers to written questions posted January 19, 2023
Deadline to submit Bids electronically January 27, 2023 Review Committee opens and tabulates bids January 27, 2023 Notice of Intent to Award Contract (tentative) January 27, 2023 Deadline for protests/appeals (tentative) February 6, 2023 City Council Approval/Contract Executed (tentative) February 7, 2023 Consultant’s Deadlines to submit deliverables October 18, 2023, and June 30, 2024 (See Scope)
RFP UTICA PARK CHILDREN’S PLAYGROUND - CITY OF ANGELS
7 Evaluation Criteria Points
Project Approach/Understanding 20
Experience performing similar work on time and within budget 20 Creativity in design as illustrated by past work 20
Cost 20
Ability to meet the Project deadlines for deliverables (timeline) 20 Total 100
The System for Award Management (sam.gov) shall be used to verify contractors are not suspended or debarred before making an award.

Award/Notice of Intent to Award/Appeal Process
Award will be made to the qualified proposer whose bid will be most advantageous to the City with price and all other factors identified above considered. The City will negotiate with the highest ranked proposer to refine the scope for mutual satisfaction.

If the City cannot successfully negotiate a purchase with the highest ranked proposer, the City will terminate negotiations and begin negotiation with the next highest ranked proposer.

Proposers will receive e-mailed Award/Non-Award notification which will include the name of the proposer to be awarded this contract.

Proposers are advised that the City reserves the following prerogatives:
• To reject any and all bids; and/or
• To consider historic information and fact, whether gained from the proposer’s bid or any other source, in the evaluation process; and/or
• The proposer is cautioned that it is the proposer’s sole responsibility to submit information related to the valuation categories and the City is under no obligation to solicit such information if it is not included with the bid. Failure of the individual or firm to submit such information may cause an adverse impact on the bid evaluation.

Appeal of the RFP process or recommendation of award once the Notices of Award/Non-Award have been issued shall be as follows:
• Any protest shall be submitted in writing to:

City of Angels City Administrator
Angels Camp City Hall
200 Monte Verda Street, Suite B
Angels Camp, CA 95222
• The protest must be submitted before 2:00 p.m. on the 10th business day following the date of the Notice of Award/Non-Award.

RFP UTICA PARK CHILDREN’S PLAYGROUND - CITY OF ANGELS
8 • The protest shall contain a complete statement of the basis for the protest, the name, address, telephone number and e-mail address of the person representing the protesting party.
• The procedure and time limits are mandatory and are the proposer’s sole and excludes remedy in the event of a bid protest.

Proposer’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

Public Records Access
Submitted bids are subject to the California Public Records Act (California Government Code 6250 et seq.) and may be disclosed to members of the public upon request. It is the responsibility of the proposer to clearly identify information in their bids that they consider to be confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

All information regarding the bids will be confidential until such time as the Review Committee has completed its evaluation and, or if, contract negotiations are complete.

Costs of Developing the Bid
All costs incurred in the preparation of a bid are the responsibility of each proposer and will not be reimbursed by the City.

Bid Terms and Conditions
It is the responsibility of each proposer to be familiar with all the specifications, terms and conditions of the Request for Proposals. By submission of a proposal, the proposer certifies that if awarded a contract, proposer will make no claim against the City based upon ignorance of or misunderstanding of the specifications.

Each proposer shall submit its proposal with the understanding that the proposal will become a part of the official file on this matter and shall be subject to disclosure, if requested by a member of the public, following the completion of negotiations.

By submitting a proposal, each proposer certifies that all statements in the proposal are true.

This constitutes a warranty, the falsity of which shall include the right, at the County’s option of declaring any contract made, as a result thereof, null and void. Proposals shall be completed, executed, and submitted in accordance with the instructions of this RFP and any applicable addendums issued. If a bid is not submitted in the format specified in this RFP, it may be rejected, unless the City determines that the nonconformity is either a minor irregularity or that the defect or variation in the bid is immaterial or inconsequential. The City may give the proposer an opportunity to cure any deficiency resulting from a minor irregularity or an immaterial or inconsequential defect, or the City may waive such deficiency, whichever is most advantageous to the City.

The City cannot accept bids from any individual currently employed with the City of Angels (California Government Code Section 29708).

RFP UTICA PARK CHILDREN’S PLAYGROUND - CITY OF ANGELS
9 VI. GENERAL CONDITIONS
Contract Information
A. City of Angels
For a purchase contract with the City of Angels, a bid provider must meet the following, as applicable:
• Provide a federal Tax Identification Number (TIN) or Social Security Number • Complete an IRS Form W-9
• Comply with all local, State and Federal rules, regulations, polices including, but not limited to:
o Standard City contract language (Attachment A Design, Attachment B Construction)
o Insurance coverage including worker’s compensation, general liability, auto liability and professional liability, unless waived by the City (See Attachment A Design, Attachment B Construction)
• Meet the audit requirements for City expenditures if required in the above documents.

B. Term/Termination
The contract/purchase will be subject to termination by either party in accordance with Attachment A Design, Attachment B Construction.

C. Successful Bid as Part of Contract Services
Bids received in response to this solicitation, at the City’s discretion, may be incorporated into the awarded contract and may serve as basic terms and conditions for the ultimate contract.

Therefore, proposers are advised that, if successful, they will be held responsible for levels of services proposed at the funding levels quoted. The City reserves the right to negotiate modifications or revisions to any awarded contract.

D. Funding Availability
It is mutually agreed that if the Federal, State or City budget for the current year and/or any subsequent years pursuant to this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the City shall have no liability to pay any funds to the Contractor or to furnish other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

Contractor’s assumption of risk of possible non-appropriation is part of the consideration of this Agreement. City budget decisions are subject to the discretion of the City Council. State budget decisions are subject to the discretion of the state legislature and governor. Federal budget decisions are subject to the discretion of Congress.

If funding for any fiscal year is reduced or deleted by the Federal/State/City budget for purposes of this program, the City shall have the option to either cancel this Agreement with no liability occurring to the City or offer an Agreement amendment to the Contractor to reflect the reduced amount.

RFP UTICA PARK CHILDREN’S PLAYGROUND - CITY OF ANGELS
10 E. Certifications, Hold Harmless, and Contract Template Successful bidder(s) will be asked to certify compliance with the following and sign the contract template included in Attachment A Design. Construction contractors may be asked to sign a separate contract (Attachment B Construction).

Attachment B
Public Purchase Access Report
(Bidders Viewing and Downloading RFP)

Attachment C
RESOLUTION 23-09

AWARDING CONTRACTS AND

AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE SAID CONTRACTS FOR THE UTICA PARK

PLAYGROUND
WHEREAS, on January 4, 2023, the City released a Request for Proposals (RFP) on Public Purchase to consultants qualified to design and construct the Utica Park Playground; and WHEREAS, by January 30, 2023, the City received four proposals; and WHEREAS the proposals were ranked and scored in accordance with the RFP and were within the projected project cost; and
WHEREAS, it has been determined that Specified Play Equipment Co. (SPEC) is the lowest and most qualified responsible bidder submitting the lowest responsible bid; and WHEREAS grant funds received by the City provides $460,000 for the project; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Angels, State of California as follows:

1. Awards the contract to Specified Play Equipment Co. (SPEC) pursuant to the scope of work in Exhibit A to this resolution; and

2. Authorizes the City Administrator to execute a contract for up to $460,000 to design and build Utica Park in accordance with the attached proposal Ayes:

Noes:

Absent:

Abstain:
________________________________
Jennifer Davis-Herndon, Mayor
ATTEST:

Rose Beristianos
City Clerk
{CW097768.1} 1 CITY CONTRACT NO. __-___
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CONSTRUCTION SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF ANGELS
AND SPECIFIED PLAY EQUIPMENT CO. (SPEC)
for the UTICA PARK PLAYGROUND
THIS CONSTRUCTION SERVICES AGREEMENT (the “Agreement”) is entered into by and between the CITY OF ANGELS, a California municipal corporation (“City”), and Specified Play Equipment Co. (SPEC) (“Contractor”), on this 7th day of February 2023 (the “Effective Date”).

City and Contractor may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Agreement.

RECITALS
A. City seeks a duly qualified and licensed firm experienced in the construction of a Children’s Playground at Utica Park (the “Project”).

B. The Project involves the expenditure of funds in excess of $5,000 and constitutes a “public project” pursuant to Public Contract Code section 20161.

C. Contractor has made a proposal to City to provide construction services, a copy of which is attached and incorporated hereto as Exhibit A (the “Services”).

D. City has determined it is necessary and desirable to employ the services of Contractor to perform construction work on the Project.

E. City has taken appropriate proceedings to authorize construction of the Project and execution of this contract pursuant to Public Contract Code section 20160 et seq.; specifically, on February 7, 2023, at a duly noticed meeting of the City Council of the City of Angels Camp, this contract for the construction of the improvements hereinafter described was awarded to Contractor as the lowest responsive and responsible bidder for said improvements.

NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

AGREEMENT

1. Contract Documents: This Agreement, together with the following documents, are collectively referred to herein as the “Contract Documents”:
i. Request for Proposal;
ii. Contractor’s Proposal;
iii. General Conditions, Supplementary Conditions, and Special Provisions of the City of Angels for the Utica Park Children’s Playground; iv. Plans and detailed drawings prepared for this Project and approved by City (“Project Plans”);
v. All bonds and insurance required by the Contract Documents;

EXHIBIT B
{CW097768.1} 2 CITY CONTRACT NO. __-___
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vi. Any and all supplemental agreements amending, decreasing, or extending the work contemplated or which may be required to complete the work in a substantial and acceptable manner; and
vii. The current edition of the City of Angels Camp Standard Specifications and Drawings.

All of the Contract Documents are intended to incorporate the terms of the others so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as the “Contract.” In case of any dispute regarding the terms of the Contract, the decision of the City Engineer shall be final.

2. Term. The Contract shall be effective as of the Effective Date first stated above. Contractor shall not commence work on the Project until it has been given notice by City (“Notice to Proceed”).

The Contract shall terminate June 30, 2024 after City accepts Contractor’s performance of the Services by recording a Notice of Completion with the County of Calaveras Clerk Recorder (the “Term”), unless the Parties mutually agree in writing to terminate the Contract earlier or extend the Term in an agreed writing executed by both Parties.

3. Scope of Work.
(a) Services. Contractor shall perform the Services described in Exhibit A, subject to all terms and conditions in the Contract. Contractor shall not receive additional compensation for the performance of any Services not described therein.
(b) Modification. City, at any time, by written order, may make changes within the general scope of the work under this Agreement or issue additional instructions, require additional work or direct deletion of work. Contractor shall not proceed with any change involving an increase or decrease in the Contract Price, as defined in Section 4 of this Agreement, without prior written authorization from City. Contractor shall not be entitled to compensation for the performance of any such unauthorized work. Contractor further waives any and all right or remedy by way of restitution or quantum meruit for any and all extra or changed work performed without express and prior written authorization of City. Notwithstanding the foregoing, Contractor shall promptly commence and diligently complete any change to the work subject to City's written authorization issued pursuant to this Section ; Contractor shall not be relieved or excused from its prompt commencement of diligent completion of any change subject to City's written authorization by virtue of the absence or inability of Contractor and City to agree upon the extent of any adjustment to the completion schedule or Contract Price on account of such change. The issuance of a change order pursuant to this Section 3 in connection with any change authorized by City shall not be deemed a condition precedent to Contractor's obligation to promptly commence and diligently complete any such change authorized by City hereunder. City's right to make changes shall not invalidate the Contract nor relieve Contractor of any liability or other obligations under the Contract. Any requirement of notice of changes in the scope of work to Contractor’s surety shall be the responsibility of Contractor. (c) Specific Materials & Performance of Work. Contractor shall furnish all tools, equipment, facilities, labor, and materials necessary to perform and complete, in good workmanlike manner, the work of general construction as called for and in the manner designated in, and in strict {CW097768.1} 3 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___
conformity with, the plans and specifications for said work entitled, “General Conditions and Special Provisions for [the Utica Park Children’s Playground].” The equipment, apparatus, facilities, labor, and material shall be furnished, and said work performed and completed as required by the Contract under the direction and supervision, and subject to the approval, of the City Engineer of or City Engineer’s designated agent.
(d) Exhibits. All “Exhibits” referred to below or attached hereto are, by this reference, incorporated into the Contract.

Exhibit Designation Exhibit Title

1. Exhibit A Scope of Services

2. Exhibit B Payment by Force Account

3. Exhibit C Workers’ Compensation Insurance Certification

4. Exhibit D Performance Bond

5. Exhibit E Payment Bond

4. Contract Price. City shall pay, and Contractor shall accept in full payment for the work set forth above in Section 3, Scope of Work, an amount not to exceed $460,000.00) (the “Contract Price”). Said amount shall be paid pursuant to Section 8 of this Agreement. The Contract Price may only be changed by a contract change order. The value of any work covered by a contract change order for an adjustment in the Contract Price will be determined in the sole discretion of City as follows:
(a) If the work performed is on the basis of unit prices contained in the Contract Documents, the change order will be determined in accordance with the provisions in Section 4-1.05, “Changes and Extra Work”, of the Caltrans Standard Specifications, as applicable; or (b) If the work performed is not included on the engineer’s estimate associated with a unit price, the change order will be by a mutually agreed lump sum; or (c) If the change order is not determined as described above in either subdivision (a) or (b), the change order will be determined on the basis of force account in accordance with the provisions set forth in Exhibit B, “Payment by Force Account,” attached hereto and incorporated herein by reference.

5. Time for Performance. The time fixed for the commencement of work under the Contract is within ten (10) working days after the Notice to Proceed has been issued. The work on this project, including all punch list items, shall be completed on or before the expiration of June 30, 2024 (_____) working days (the “Completion Date”) beginning on the first day of work or no later than the tenth day after the Notice to Proceed has been issued.
(a) Right of City to Increase Working Days: If Contractor fails to complete the Services by the Completion Date, the City Engineer shall have the right to increase the number of working days in the amount the City Engineer may determine will best serve the interests of City, and if the City Engineer desires to increase said number of working days, the City Engineer shall have the further right to charge Contractor and deduct from the final payment for the work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable {CW097768.1} 4 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___
to Contractor, and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges. No extension of time for completion of Services under the Contract shall be considered unless requested by Contractor at least twenty (20) calendar days prior to the Completion Date, in writing, to the City Engineer.

The Completion Date may only be changed by a contract change order. The value of any work covered by a contract change order for an adjustment in the Completion Date will be determined as follows:
i. Additional working days will be awarded where the amount of time is mutually agreed upon by Contractor and the City Engineer; or
ii. Additional working days will be awarded where Contractor is prevented from completing any part of the work identified on the critical path and:

1. where the delay is caused by acts of public enemy, fire, floods, tsunamis, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, shortage of materials and freight embargos, provided that Contractor shall notify Engineer in writing of the causes of delay within fifteen (15) days from the beginning of that delay; or

2. where the delay is caused by actions beyond the control of Contractor; or

3. where the delay is caused by actions or failure to act by the City Engineer.

Contractor shall not be entitled to an adjustment in the Completion Date for delays within the control of Contractor. Delays resulting from and within the control of a subcontractor or supplier of Contractor shall be deemed to be delays within the control of Contractor. (b) Excusable Delays. Contractor shall not be in breach of the Contract in the event that performance of Services is temporarily interrupted or discontinued due to a “Force Majeure” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, pandemic, epidemic, or explosions; natural disasters, such as floods, earthquakes, landslides, and fires; strikes, lockouts, and other labor disturbances; or other catastrophic events, which are beyond the reasonable control of Contractor. Force Majeure does not include Contractor’s financial inability to perform, Contractor’s failure to obtain any necessary permits or licenses from other governmental agencies, or Contractor’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of Contractor. If Contractor’s performance of the Services is delayed by an excusable delay, the Completion Date shall be extended for such reasonable time as determined by the City Engineer. Extensions in time must be requested by Contractor within fifteen (15) calendar days of the excusable delay in order to receive consideration. (c) Emergency - Additional Time for Performance - Procurement of Materials. If, because of war or other declared national emergency, the federal or state government restricts, regulates, or controls the procurement and allocation of labor or materials, or both, and if solely because of said restrictions, regulations or controls, Contractor is, through no fault of Contractor, {CW097768.1} 5 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___
unable to perform the Services, or the work is thereby suspended or delayed, any of the following steps may be taken:
i. City may, pursuant to resolution of the City Council, grant Contractor additional time for the performance of the Contract, sufficient to compensate in time, for delay or suspension.

To qualify for such extension in time, Contractor within ten (10) days of Contractor's discovering such inability to perform, shall notify the City Engineer in writing thereof, and give specific reasons therefore; the City Engineer shall thereupon have sixty (60) days within which to procure such needed materials or labor as is specified in this agreement, or permit substitution, or provide for changes in the work in accordance with subdivision (b) of this Section.

Substituted materials, or changes in the work, or both, shall be ordered in writing by the City Engineer, and the concurrence of the City Council shall not be necessary. All reasonable expenses of such procurement incurred by the City Engineer shall be defrayed by the Contractor; or
ii. If such materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either Party may, upon thirty (30) days' written notice to the other, terminate this agreement. In such event, Contractor shall be compensated for all work executed upon a unit basis in proportion to the amount of the work completed, or upon a cost-plus-ten-percent (10%) basis, whichever is the lesser. Materials on the ground, in process of fabrication or in route upon the date of notice of termination specially ordered for the Project and which cannot be utilized by Contractor, shall be compensated for by City at cost, including freight, provided Contractor shall take all steps possible to minimize this obligation; or
iii. The City Council, by resolution, may suspend the Contract until the cause of inability to perform is removed for a period of not to exceed sixty (60) days.

If the Contract is not canceled, and the inability of Contractor to perform continues without fault on Contractor's part, beyond the time during which the Contract may have been suspended, as herein above provided, the City Council may further suspend the Contract, or either Party hereto may, without incurring any liability, elect to declare the Contract terminated upon the ground of impossibility of performance. In the event City declares this agreement terminated, such declaration shall be authorized by the City Council by resolution, and Contractor shall be notified in writing thereof within five (5) days after the adoption of such resolution. Upon such termination, Contractor shall be entitled to proportionate compensation at the Contract Price for such portion of the Contract as may have been performed; or
iv. City may terminate the Contract, in which case Contractor shall be entitled to proportionate compensation at the agreed rate for such portion of the Contract as {CW097768.1} 6 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___
may have been performed. Such termination shall be authorized by resolution of the City Council. Notice thereof shall be forthwith given in writing to Contractor, and the Contract shall be terminated upon receipt by Contractor of such notice.

In the event of the termination provided in this sub-paragraph (iv), none of the covenants, conditions or provisions hereof shall apply to the Services not performed, and City shall be liable to Contractor for the proportionate compensation last herein mentioned.
(d) Delay Damages. In the event Contractor, for any reason, fails to perform the Services to the satisfaction of the City Engineer by the Completion Date, City may, in accordance with Section 7203 of the Public Contract Code, in lieu of any other of its rights authorized by Section 6 of this agreement, deduct from payments or credits due Contractor after such breach a sum equal to Two hundred fifty Dollars ($250.00) for each calendar day beyond the Completion Date. This deduction shall not be considered a penalty but shall be considered as delay damages. The aforementioned rate of deduction is an amount agreed to by the Parties as reasonably representing additional construction engineering costs incurred by City if Contractor fails to complete the Services by the Completion Date. However, any deduction assessed as delay damages shall not relieve Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by a failure of the assessed Contractor to complete the Services by the Completion Date. Due account shall be taken of any time extensions granted to Contractor by City. Permitting Contractor to continue work beyond the Completion Date shall not operate as a waiver on the part of City of any of its rights under the Contract nor shall it relieve Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by a failure of the assessed Contractor to complete the Services by the Completion Date.

6. Termination.
(a) Option of City to Terminate Contract for Failure to Complete Services. If a Party should fail to perform any of its obligations hereunder within the time and in the manner herein provided, or otherwise violates any of the terms of the Contract (the “Defaulting Party”), the other Party shall give notice to the Defaulting Party and allow the Defaulting Party ten (10) days to correct such deficiency. If the Defaulting Party does not correct such deficiency, the other Party may immediately terminate the Contract by giving written notice of such termination, stating the reason for such termination. In such event, Contractor shall be entitled to receive payment for all Services satisfactorily rendered until such termination, provided, however, there shall be deducted from such amount the amount of damage, if any, sustained by virtue of any breach of the Contract by Contractor, including Delay Damages. If payment under the Contract is based upon a lump sum in total or by individual task, payment for Services satisfactorily rendered shall be an amount which bears the same ratio to the total fees specified in this Agreement as the Services satisfactorily rendered hereunder by Contractor to the total services otherwise required to be performed for such total fee, provided, however, that there shall be deducted from such amount the amount of damage, if any sustained by City by virtue of any breach of the Contract by Contractor. Upon termination, Contractor shall deliver copies of all Work Product, as defined in Section 19 of this Agreement, to City. If District terminates the Contract before Contractor commences any Services hereunder, City shall not be obligated to make any payment to Contractor.
{CW097768.1} 7 CITY CONTRACT NO. __-___
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(b) If Contractor should be adjudged bankrupt or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it or any of its subcontractors should violate any of the provisions of the Contract, City may serve written notice upon it and its surety of its intention to terminate the Contract. Such notice shall contain the reasons for City’s intention to terminate the Contract, and unless such violations shall cease within five (5) calendar days after serving of such notice, the Contract shall cease and terminate upon the expiration of said five (5) calendar days. In the event of any such termination, City shall immediately serve written notice thereof upon the surety and Contractor, and the surety shall have the right to take over and perform the Contract; provided however, that, if the surety does not give City written notice of its intention to take over and perform the Contract or does not commence performance thereof within thirty (30) calendar days from the date of the service of such notice, City may take over the work and prosecute the same to completion by contract or any other method it may deem advisable, for the account and at the expense of Contractor, and Contractor and its surety shall be jointly liable to City for any excess cost occasioned City thereby, and in such event City may, without liability for so doing, take possession of and utilize in completing the work, such materials, appliances, and other property belonging to Contractor as may be on the Project site and necessary thereof.

7. Liability for Breach: Neither Party waives the right to recover direct damages against the other for breach of the Contract, including any amount necessary to compensate City for all detriment proximately caused by Contractor's failure to perform its obligations hereunder or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Contractor. City shall not, in any manner, be liable for special or consequential damages, including but not limited to Contractor's actual or projected lost profits had Contractor completed the Services required by the Contract. In the event of termination by either Party, copies of all finished or unfinished Work Product, as defined in Section 19 of this Agreement, shall become the property of City. Notwithstanding the foregoing, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with the Contract or the Services performed in connection with the Contract.

8. Compensation: City shall make payments to Contractor in accordance with the provisions of Section 9 of the General Conditions in legally executed and regularly issued warrants of City, drawn on the appropriate fund or funds as required by law and order of the City Council thereof.

Contractor shall be administered a progress payment approximately every thirty (30) calendar days from the time work begins according to the payment schedule furnished by the City Engineer at the time work begins. Contractor shall provide access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Contractor’s charges to City under this Contract.

Monthly progress payments in the amount of 95 percent (95%) of the value of the work will be made to Contractor based on the Contractor’s estimate and the schedule of prices contained in the accepted bid. The remaining 5 percent (5%) will be retained by City as partial security for the fulfillment of the Contract except that at any time after 50 percent (50%) of the work has been completed, if the City Engineer finds that satisfactory progress is being made and the Project’s critical path of work are on schedule, City may discontinue any further retention. Such discontinuance will only be made upon the written request of Contractor. City may, at any time the City Engineer finds that satisfactory progress is not being made, again institute retention of 5 percent (5%) as specified above. Payment {CW097768.1} 8 CITY CONTRACT NO. __-___
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will be made as soon as possible after the preparation of the Contractor’s estimate. City shall pay the remaining 5 percent (5%) of the value of the Services completed under this Contract, if unencumbered by retentions for claims, not sooner than the expiration of thirty-five (35) calendar days from the date of recordation of the Notice of Completion, pursuant to Section 2 of this agreement, and not later than sixty (60) days from the “completion” of the Services as said term is defined in Public Contract Code section 7107(c).

No estimate or payment shall be made if, in the judgment of the City Engineer, the work is not proceeding in accordance with the provisions of the Contract, or when, in his judgment, the total value of the work done since the last estimate amounts to less than $1,000. No progress payments will be made if the time allotted for the job is thirty (30) working days or less. Payment of any progress payment, or the acceptance thereof by Contractor, shall not constitute acceptance of the work performed under this Contractor, or any portion thereof, and shall in no way reduce the liability of Contractor to replace unsatisfactory work or materials, though the unsatisfactory character of such work or materials may not have been apparent or detected at the time such payment was made.

Additionally, as a precondition to City’s progress payments hereunder, Contractor shall provide to City, prior to payment, unconditional waivers and releases of stop notices pursuant to Civil Code section 8128 et seq. from each subcontractor and materials supplier. The form of said waivers and releases shall be as set forth in Civil Code section 3262(d)(2).

Pursuant to Public Contract Code section 22300 et seq., Contractor may request the right to substitute securities for any moneys withheld by City to ensure the performance required of Contractor under the Contract, or that City make payment of retentions earned directly into an escrow account established at the expense of Contractor.

9. Disputes Pertaining to Payment for Work: Should any dispute arise respecting the true value of any work performed, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of the Contract, such dispute shall be decided by the City Engineer, and the decision of the latter shall be final and conclusive. The Parties agree to comply with the claims resolution procedures set forth in Public Contract Code section 9204 when applicable.
(a) Claims Processing. Any submission of a claim by Contractor must comply with the requirements of Public Contract Code section 9204. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed forty-five (45) days, shall provide Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, the Parties may, by mutual agreement, extend the time period provided in this subdivision. Contractor shall furnish reasonable documentation to support the claim. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after City issues its written statement. If Contractor disputes City’s written response, or if City fails to respond to a claim issued pursuant to this section within the time prescribed, Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.
(b) Meet-and-Confer Conference. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, City shall schedule a meet-and-confer conference {CW097768.1} 9 CITY CONTRACT NO. __-___
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within thirty (30) days for settlement of the dispute. Within ten (10) business days following the conclusion of the meet-and-confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after the City issues its written statement. (c) Nonbinding Mediation. Any disputed portion of the claim, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with the Parties sharing the associated costs equally. The Parties shall mutually agree to a mediator within ten (10) business days after the disputed portion of the claim has been identified in writing. If the Parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject judicial review pursuant to Section 23 of this Agreement.

Notwithstanding any claim, dispute, or other disagreement between the Parties regarding performance under the Contract, the scope of work hereunder, or any other matter arising out of or related to, in any manner, the Contract, Contractor shall proceed diligently with performance of the Services in accordance with City's written direction, pending any final determination or decision regarding any such claim, dispute, or disagreement.

10. Permits and Care of Work: The City shall obtain all necessary permits. Contractor shall, at Contractor's expense, all necessary licenses for the construction of each improvement, give all necessary notices and pay all fees and taxes required by law, except those City fees set forth in Section 1 of the Special Provisions. Contractor has examined the Project site and is familiar with its topography and condition, location of property lines, easements, building lines, and other physical factors and limitations affecting the performance of the Contract. Contractor, at Contractor's expense, shall obtain any permission necessary for any operations conducted off the property owned or controlled by City. Contractor shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance.

11. Public Works and Payment of Prevailing Wage:
(a) Monitoring and Enforcement. In accordance with the provisions of Sections 1725.5, 1771.1, 1771.3, and 1771.4 of the Labor Code, all work performed under the Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”). All work performed by Contractor or its subcontractors under the Contract is subject to the requirements of Labor Code section 1720 et seq. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded. Contractor and its subcontractors shall furnish the records specified in Section 1776 of the Labor Code directly to the Labor Commissioner, at least monthly, in the format prescribed by the Labor Commissioner.

In accordance with the provisions of Section 1773.3 of the Labor Code, City shall provide notice to DIR of the award of this Contract within thirty (30) working days of the award. The notice shall be {CW097768.1} 10 CITY CONTRACT NO. __-___
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transmitted electronically in a format specified by DIR and shall include the name of Contractor, any subcontractor listed on the successful bid, the bid and contract award dates, the contract amount, the estimated start and completion dates, Project location, and any additional information DIR specifies that aids in the administration and enforcement of Section 1720 et seq. of the Labor Code. (b) Wages & Hours of Employment: In the performance of the Services under the Contract, eight (8) hours shall be the maximum hours of labor on any calendar day, and the minimum wages of compensation of persons performing labor in the execution of this agreement shall be the current prevailing scale of wages determined by DIR for the community. Contractor shall forfeit as penalty Twenty-five and no/100ths Dollars ($25.00) to be paid to City for each workman employed in the execution of the Contract by Contractor or its subcontractor(s), for each calendar day during which any workman is required or permitted to labor more than eight (8) hours, in violation of provisions of Labor Code section 1810 et seq. Contractor shall post prevailing wage rates at the Project no later than the first day Contractor commences performance of the Services under the Contract.

12. Superintendence by Contractor: Contractor shall give personal superintendence to the work on the Project or have a competent foreman or superintendent satisfactory to the City Engineer on the Project at all times during construction and performance of work under the Contract, with authority to act for Contractor.

13. Inspection and Testing by City: Contractor shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work performed on the Project and to the shops wherein the work is in preparation. Contractor shall notify City with sufficient time in advance of the manufacture of production materials to be supplied by Contractor under the Contract in order for City to arrange for mill or factory inspection and testing of same. Any materials shipped by Contractor from factory prior to having satisfactorily passed such testing and inspection by City's representative or prior to the receipt of notice from such representative that such testing and inspection will not be required shall not be incorporated on the Project. Contractor shall also furnish to City, in triplicate, certified copies of all factory and mill test reports upon request.

14. Conformity with Law and Safety: Contractor shall observe and comply with all applicable laws, ordinances, codes, and regulations of governmental agencies, including federal, state, municipal, and local governing bodies having jurisdiction over any or all of the scope of Services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulations, the California Building Code, the American with Disabilities Act, any copyright, patent, or trademark law, and all other applicable federal, state, municipal, and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by Contractor or its subcontractors must be in accordance with these laws, ordinances, codes, and regulations.

Contractor’s failure to comply with any laws, ordinances, codes, or regulations applicable to the performance of the Services hereunder shall constitute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail.

If a death, serious personal injury or substantial property damage occurs in connection with the performance of the Contract, Contractor shall immediately notify City's risk manager by telephone.

If any accident occurs in connection with the Contract, Contractor shall promptly submit a written {CW097768.1} 11 CITY CONTRACT NO. __-___
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report to City, in such form as City may require. This report shall include the following information:
(a) name and address of the injured or deceased person(s); (b) name and address of Contractor’s subcontractor, if any; (c) name and address of Contractor’s liability insurance carrier; and (d) a detailed description of the accident, including whether any of City's equipment, tools, or materials were involved.

If a release of a hazardous material, substance, or waste occurs in connection with the performance of the Contract, Contractor shall immediately notify City. Contractor shall not store hazardous materials or hazardous waste within City limits without a proper permit from City.

15. Other Contracts: City may award other contracts for additional work on the Project, and Contractor shall fully cooperate with such other contractors and carefully fit Contractor's own work to that provided under other contracts as may be directed by the City Engineer. Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor.

16. Bonds: Concurrently with the execution hereof, Contractor shall furnish, on the forms provided herein as Exhibits D and E, respectively, corporate surety bonds to the benefit of City, issued by a surety company acceptable to City and authorized and admitted to do business in the state of California, as follows:
(a) Faithful Performance Bond. In an amount equal to at least one hundred percent (100%) of the Contract Price as security for the faithful performance of the Contract. The bond shall contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code.
(b) Payment Bond. In an amount equal to at least one hundred percent (100%) of the Contract Price as security for the payment of all persons performing labor and furnishing materials in connection with the Contract. The bond shall be in accordance with the provisions of Sections 3225, 3226, and 3247 through 3252, inclusive, of the Civil Code and Section 13020 of the Unemployment Insurance Code of California. Said bond shall also contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code.

The surety companies shall familiarize themselves with all provisions and conditions of the Contract.

It is understood and agreed that the surety or sureties waive the right of special notification of any modification or alterations, omissions or reductions, extra or additional work, extensions of time, or any other act or acts by City or its authorized agents under the terms of this Contract and failure to so notify the surety or sureties of such changes shall in no way relieve the surety or sureties of their obligations under the Contract.

17. Indemnification:
(a) Indemnity for Professional Liability. When the law establishes a professional standard of care for Contractor’s Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers (“City’s Agents”) from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent Contractor or its subcontractors are responsible for such damages, liabilities and costs on a {CW097768.1} 12 CITY CONTRACT NO. __-___
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comparative basis of fault between Contractor or its subcontractors and City in the performance of professional services under the Contract. Contractor shall not be obligated to defend or indemnify City for City’s own negligence or for the negligence of others. (b) Indemnity for other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and any and City’s Agents from and against any liability, including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of the Contract by Contractor or by any individual or agency for which Contractor is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Contractor.

18. Contractor's Insurance: Concurrently with the execution hereof, Contractor shall furnish City with satisfactory proof of carriage of the insurance required under this section, and that Contractor shall give City at least sixty (60) days prior notice of the cancellation of any policy during the Term of this contract. Contractor shall not commence work under this Agreement until Contractor has obtained City’s approval regarding all insurance requirements, forms, endorsements, amounts, and carrier ratings, nor shall Contractor allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved.

Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of the Contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to City. (a) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000) per occurrence, Four Million Dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including, without limitation, blanket contractual liability and coverage for explosion, collapse, and underground property damage hazards. Contractor’s general liability policies shall be primary and not seek contribution from City’s coverages and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. The policy shall contain, or be endorsed to contain, the following provisions:
(1) City, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work or operations, which coverage shall be maintained in effect for at least three (3) years following the completion of the work specified in the Contract. General liability coverage can be provided in the form of an endorsement to Contractor’s {CW097768.1} 13 CITY CONTRACT NO. __-___
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insurance (at least as broad as CG 20 10 for ongoing operations and CG 20 37 for products/completed operations), or as a separate Owners and Contractors Protective Liability policy providing both ongoing operations and completed operations coverage.
(2) For any claims related to the Project, Contractor’s insurance coverage shall be primary insurance as respects City and any insurance or self-insurance maintained by City shall be excess of Contractor’s insurance and shall not contribute with it.
(3) In the event of cancellation, non-renewal, or material change that reduces or restricts the insurance coverage afforded to City under the Contract, the insurer, broker/producer, or Contractor shall provide City with thirty (30) days’ prior written notice of such cancellation, non-renewal, or material change. (4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
(b) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least One Million Dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
(c) Auto Insurance. Contractor shall provide auto liability coverage for owned, nonowned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than Two Million Dollars ($2,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy. (d) Builder’s Risk Insurance. Upon commencement of construction and with approval of City, Contractor shall obtain and maintain Builder’s Risk/Course of Construction insurance. The policy shall be provided for replacement value on an "all-risk" basis. City shall be named as Loss Payee on the policy and there shall be no coinsurance penalty provision in any such policy. The policy must include: (1) coverage for removal of debris and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures, and all other properties constituting a part of the project; (2) coverage with limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site, whether provided from within a Builder’s Risk policy or through the addition of an Installation Floater. Such insurance shall be on a form acceptable to City to ensure adequacy of terms and limits. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City. (e) Contractors Pollution Insurance. Pollution Coverage shall be provided on a Contractors Pollution Liability form, or other form acceptable to City, providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than One Million Dollars ($1,000,000) per claim. All activities contemplated in the Contract shall {CW097768.1} 14 CITY CONTRACT NO. __-___
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be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.
(f) Professional Liability Insurance. When applicable, Contractor shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with the Contract, in the minimum amount of One Million Dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by the Contract.
(g) Deductibles and Self-Insured Retentions. Upon request of City, any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City and City’s Agents; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. (h) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.

Best’s rating of no less than A-:VII or with an insurer to which City has provided prior approval. (i) Verification of Coverage. Contractor shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this Section 18. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right, at any time, to require complete, certified copies of all required insurance policies and endorsements. (j) Waiver of Subrogation. With the exception of professional liability, Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. The commercial general liability policy and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Contractor, its agents, employees, independent contractors and subcontractors. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. (k) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

19. Ownership of Work Product: Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes, professional or technical information or data, photographs, notes, letters, emails, or any original works of authorship created by contractor or its subcontractors or subcontractors in connection with Services performed under the Contract (“Work Product”) shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event that it is ever determined that any Work Product created by Contractor or its subcontractors or subcontractors under the Contract are {CW097768.1} 15 CITY CONTRACT NO. __-___
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not works for hire under U.S. law, Contractor hereby assigns all copyrights to such Work Product to City. With the prior written approval of the City Engineer, Contractor may retain and use copies of such Work Product for reference and as documentation of its experience and capabilities.

All Work Product shall become the property of City irrespective of where located or stored and Contractor agrees to deliver all such documents and information to City, without charge and in whatever form it exists, upon the Completion Date, as may be extended. Contractor shall have no ownership interest in such Work Product.

All Work Product of Contractor under the Contract, including written information which City will cause to be distributed for either internal or public circulation, including both preliminary and final drafts, shall be delivered to City in both printed and electronic form, or as may be specific in Exhibit A.

When the Contract is terminated, Contractor agrees to return to City all documents, drawings, photographs, and other written or graphic material, however produced, that it received from City or City’s Agents, in connection with the performance of its Services under the Contract. All materials shall be returned in the same condition as received.

20. Taxes: Payment of any taxes, including California sales and use taxes, levied upon the Contract, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Contractor. Contractor shall cooperate with City to the full extent possible to maximize the local allocation of California sales and use tax to City. Such cooperation shall include, but not be limited to:
(a) Use Tax Direct Payment Permits. Contractor shall apply for, obtain, and utilize, to the maximum extent reasonable, a California Use Tax Direct Payment Permit. (b) Purchases of $500,000 or More. Contractor shall require vendors and suppliers located outside California from whom Contractor makes purchases of $500,000 or more to allocate the use tax to City.

21. Independent Contractor: At all times during the Term of the Contract, Contractor shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Contractor performs the Services required under the Contract. Contractor shall be liable for its acts and omissions, and those of its employees, contractors, subcontractors, representatives, volunteers, and its agents. Nothing contained herein shall be construed as creating an employment, agency, or partnership relationship between City and Contractor. City shall have the right to control Contractor only insofar as the result of Contractor’s Services rendered pursuant to the Contract; however, City shall not have the right to control the means by which Contractor accomplishes Services rendered pursuant to the Contract.

22. Contractor Not Agent: Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Contractor shall have no authority, express or implied, pursuant to the Contract to bind City to any obligation whatsoever.
{CW097768.1} 16 CITY CONTRACT NO. __-___
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23. Arbitration of Disputes: All claims, disputes, and other matters in question between City and Contractor arising out of, or relating to, this Contract or the breach thereof, including claims of Contractor for extra compensation of Services related to the project, shall be decided by arbitration before a single arbitrator in accordance with the provisions of Sections 1281 through 1284.2 of the Code of Civil Procedure (the “Arbitration Laws”) unless the Parties mutually agree otherwise. The provisions of Section 1283.05 of the Arbitration Laws apply to any arbitration proceeding except as otherwise provided in the Contract. The arbitrator shall have authority to decide all issues between the Parties including, but not limited to, claims for extras, delay, and liquidated damages, if any, provided for the Contract, matters involving defects in the Services performed by Contractor or its subcontractors, rights to payment, and whether the necessary procedures for arbitration have been followed. The award rendered by the arbitrator shall be final and judgment may be entered upon it in accordance with applicable law in any court having competent jurisdiction thereof.

Notice of the demand for arbitration shall be filed in writing with the other Party. The demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitations.

The parties shall jointly appoint an arbitrator within fifteen (15) calendar days of the date of giving the notice of the demand for arbitration. If the Parties are unable to jointly agree upon the appointment of an arbitrator within said fifteen (15) calendar day period, and do not agree in writing to extend said period for a fixed period, then either Party may seek to have the arbitrator appointed by the Superior Court of Stanislaus County in accordance with the Arbitration Laws.

If any proceeding is brought to contest the right to arbitrate and it is determined that such right exists, the losing Party shall pay all costs and attorney’s fees incurred by the prevailing Party.

In addition to the other rules of law which may be applicable to any arbitration hereunder, the following shall apply:
(a) Promptly upon the filing of the arbitration, each Party shall be required to set forth in writing and to serve upon each other Party a detailed statement of its contentions of fact and law. (b) All Parties to the arbitration shall be entitled to the discovery procedures provided under Section 1283.05 of the California Code of Civil Procedure. (c) The arbitration shall be commenced and conducted as expeditiously as possible consistent with affording reasonable discovery as provided herein. (d) These additional rules shall be implemented and applied by the arbitrator.

The costs of arbitration shall be borne by the Parties as determined by the arbitrator, but each Party shall bear its own attorney’s fees associated with the dispute with the other Party and to the arbitration. {CW097768.1} 17 CITY CONTRACT NO. __-___
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All administrative remedies required under Section 9 of this Agreement or pursuant to Public Contract Code section 9204, or required by any other law, shall be exhausted prior to commencement of any arbitration under this Section 23.

24. Provisions Cumulative: The provisions of the Contract are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City.

25. Notices: All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Any Party hereto may at any time, by giving ten (10) days’ written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below.

If to City: City of Angels
Attn: City Administrator
200 Monte Verde Street, Suite B
Angels Camp, CA 95222
With courtesy copies to: Churchwell White LLP
Attn: Douglas L. White, City Attorney
1414 K Street, 3rd Floor
Sacramento, CA 95814
If to Contractor: David Yosso, Principal Owner
121 #1 Industrial Road
Belmont, CA 94002
If to Contractor’s Sureties: _____________________
_____________________
_____________________
_____________________

26. Interpretation: As used herein, any gender includes each other gender, the singular includes the plural and vice versa.

27. Antitrust Claims: Contractor or its subcontractors offer and agree to assign to City all rights, title, and interest to any causes of action under Section Four of the Clayton Act and the Cartwright Act concerning antitrust claims.

28. Use of City Project Number: Contractor or its subcontractors agree to use the aforementioned City project number on all maps, drawings, submittals, billing, and written correspondence that involve City staff or contracted consultants. Nothing in this section shall preclude Contractor or its subcontractors from using their own project numbers for their own internal use. {CW097768.1} 18 CITY CONTRACT NO. __-___
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29. No Conflict of Interest: Contractor represents that no conflict of interest will be created under state or federal law by entering into or in carrying out the Contract.

30. Confidentiality: Contractor understands and agrees that, in the performance of Services under the Contract, or in the contemplation thereof, Contractor may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”). Contractor shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Contractor written authorization to make any such disclosure, Contractor shall do so only within the limits and to the extent of that authorization. Contractor may be directed or advised by the City Attorney on various matters relating to the performance of Services on the Project or on other matters pertaining to the Project, and in such event, Contractor agrees that it will treat all communications between itself, its employees, and its subcontracts as being communications which are within the attorney-client privilege.

31. Modification. No alteration, amendment, modification, or termination of the Contract shall be valid unless made in writing and executed by all Parties to the Contract.

32. Waiver: No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

33. Assignment: No Party to the Contract shall assign, transfer, or otherwise dispose of this Agreement in whole or in party to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the foregoing provisions, the Contract shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.

34. Authority: All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, person, states, or firms and that all former requirements necessary or required by state or federal law in order to enter into the Contract have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

35. Governing Law: The Contract shall be governed and construed in accordance with the laws of the state of California.

36. Venue: Venue for all legal proceedings shall be in the Superior Court of California, in and for the County of Calaveras.

37. Severability: If the Contract in its entirety is determined by an arbitrator or a court of competent jurisdiction to be invalid or unenforceable, the Contract shall automatically terminate as of the date of final entry of judgment. If any provision of the Contract shall be determined to be invalid and unenforceable, or if any provision of the Contract is rendered invalid or unenforceable {CW097768.1} 19 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___
according the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

38. Counterparts: This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original but together shall constitute one and the same instrument.

39. Mandatory and Permissive: “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.

40. Headings: Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

41. Attorney’s Fees and Costs: Except as expressly provided for in Sections 9 and 23 of this Agreement, if any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret the provisions of the Contract, the prevailing Party shall be entitled to reasonable attorney’s fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

42. Necessary Acts and Further Assurances: The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of the Contract. [Signatures on Following Page]
{CW097768.1} 20 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___
IN WITNESS WHEREOF, three identical counterparts of this agreement, consisting of a total of 31 pages, each of which counterparts shall for all purposes be deemed an original of said agreement, have been duly executed by the parties hereinabove named, on the day and year first herein above written.

CONTRACTOR CITY OF ANGELS, a municipal corporation
By: ____________________________ By: _____________________________ Rebecca Callen, City Administrator
_______________________________
Print Name Date: ____________________________

Federal Tax ID or Social Security No:

APPROVED AS TO FORM:
_______________________________
By: _____________________________
Douglas L. White, City Attorney
DIR Registration Number:
_______________________________
Attach Contractor’s Seal Here
{CW097768.1} 21 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___

EXHIBIT A
CONTRACTOR’S PROPOSAL FOR SERVICES
{CW097768.1} 22 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___

EXHIBIT B

PAYMENT BY FORCE ACCOUNT
For work paid by force account, the City Engineer compares City’s records to Contractor’s daily force account work report. When the City Engineer and Contractor agree on the contents of the daily force account work reports, the City Engineer accepts the report and City pays for the work. If the records differ, City pays for the work based only on the information shown on City’s records. If a subcontractor performs work at force account, work paid at force account will be accepted at an additional 2 percent (2%) markup to the total cost of that work, including markups, as reimbursement for additional administrative costs. The markups specified in labor, materials, and equipment includes compensation for all delay costs, overhead costs, and profit. If an item's unit price is adjusted for work-character changes, City excludes Contractor’s cost of determining the adjustment. Payment for owner-operated labor and equipment is made at the market-priced invoice submitted.

A. Labor. Labor payment is full compensation for the cost of labor used in the direct performance of the work plus a 5 percent (5%) markup, as set forth below, and consistent with California Labor Code section 1770 et seq. Force account labor payment consists of:

1. Employer payment to the worker for:

1.1 Basic hourly wage

1.2 Health and welfare

1.3 Pension

1.4 Vacation

1.5 Training

1.6 Other State and federal recognized fringe benefit payments

2. Labor surcharge percentage in Labor Surcharge and Equipment Rental Rates current during the work paid at force account for:

2.1 Workers' compensation insurance

2.2 Social security

2.3 Medicare

2.4 Federal unemployment insurance

2.5 State unemployment insurance

2.6 State training taxes

3. Subsistence and travel allowances paid to the workers

4. Employer payment to supervisors, if authorized
The 5 percent (5%) markup consists of payment for all overhead costs related to labor but not designated as costs of labor used in the direct performance of the work including:
(a) Home office overhead
(b) Field office overhead
(c) Bond costs
{CW097768.1} 23 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___
(d) Profit
(e) Labor liability insurance
(f) Other fixed or administrative costs that are not costs of labor used in the direct performance of the work
B. Materials. Material payment is full compensation for materials the Contractor furnishes and uses in the work. The City Engineer determines the cost based on the material purchase price, including delivery charges, except:

1. A 5 percent markup is added;

2. Supplier discounts are subtracted whether the Contractor takes them or not;

3. If the City Engineer believes the material purchase prices are excessive, City pays the lowest current wholesale price for a similar material quantity;

4. If Contractor procured the materials from a source Contractor wholly or partially own, the determined cost is based on the lower of the:

4.1 Price paid by the purchaser for similar materials from that source on Contract items; and

4.2 Current wholesale price for those materials;
5 If Contractor does not submit a material cost record within thirty (30) days of billing, the determined cost is based on the lowest wholesale price:

5.1 During that period

5.2 In the quantities used
C. Equipment Rental. Equipment rental payment is full compensation for:

1. Rental equipment costs, including moving rental equipment to and from the change order work site using its own power.

2. Transport equipment costs for rental equipment that cannot be transported economically using its own power. No payment is made during transport for the transported equipment.

3. 5 percent markup.

If Contractor wants to return the equipment to a location other than its original location, the payment to move the equipment must not exceed the cost of returning the equipment to its original location. If Contractor uses the equipment for work other than work paid by force account, the transportation cost is included in the other work.

Before moving or loading the equipment, Contractor must obtain authorization for the equipment rental's original location.
{CW097768.1} 24 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___
The City Engineer determines rental costs:

1. Using rates in Labor Surcharge and Equipment Rental Rates:

1.1. By classifying equipment using manufacturer's ratings and manufacturerapproved changes.

1.2. Current during the work paid by force account.

1.3. Regardless of equipment ownership but City uses the rental document rates or minimum rental cost terms if:

1.3.1. Rented from equipment business Contractor does not own.

1.3.2. The Labor Surcharge and Equipment Rental Rates hourly rate is $10.00 per hour or less.

2. Using rates established by the City Engineer for equipment not listed in Labor Surcharge and Equipment Rental Rates. Contractor may submit cost information that helps the City Engineer establish the rental rate but City uses the rental document rates or minimum rental cost terms if:

2.1. Rented from equipment business Contractor does not own.

2.2. The City Engineer establishes a rate of $10.00 per hour or less.

3. Using rates for transport equipment not exceeding the hourly rates charged by established haulers.

Equipment rental rates include the cost of:

1. Fuel 7. Repairs and maintenance

2. Oil 8. Depreciation

3. Lubrication 9. Storage

4. Supplies 10. Insurance

5. Small tools that are not consumed by use 11. Incidentals

6. Necessary attachments
City pays for small tools consumed by use. The City Engineer determines payment for small tools consumed by use based on Contractor-submitted invoices.

The City Engineer may authorize rates in excess of those in the Labor Surcharge and Equipment Rental Rates if:

1. Contractor submits a request to use rented equipment

2. Equipment is not available from Contractor’s normal sources or from one of Contractor’s subcontractors

3. Rented equipment is from an independent rental company

4. Proposed equipment rental rate is reasonable

5. The City Engineer authorizes the equipment source and the rental rate before Contractor uses the equipment
{CW097768.1} 25 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___
D. Equipment on the Job Site. For equipment on the job site at the time required to perform work paid by force account, the time paid is the time:

1. To move the equipment to the location of work paid by force account plus an equal amount of time to move the equipment to another location on the job site when the work paid by force account is completed

2. To load and unload equipment

3. Equipment is operated to perform work paid by force account and:

3.1. Hourly rates are paid in 1/2-hour increments

3.2. Daily rates are paid in 1/2-day increments
E. Equipment Not on the Job Site Required for Original-Contract Work. For equipment not on the job site at the time required to perform work paid by force account and required for originalContract work, the time paid is the time the equipment is operated to perform work paid by force account and the time to move the equipment to a location on the job site when the work paid by force account is completed.

The minimum total time paid is:

1. 1 day if daily rates are paid

2. 8 hours if hourly rates are paid
If daily rates are recorded, equipment:

1. Idled is paid as 1/2 day

2. Operated four (4) hours or less is paid as 1/2 day

3. Operated four (4) hours or more is paid as one (1) day If the minimum total time exceeds eight (8) hours and if hourly rates are listed, City rounds up hours operated to the nearest 1/2-hour increment and pays based on the hours shown in the following table.

The table does not apply when equipment is not operated due to breakdowns, in which case rental hours are the hours the equipment was operated.

Equipment Rental Hours
Hours
operated
Hours
paid

0.0 4.00

0.5 4.25

1.0 4.50

1.5 4.75

2.0 5.00

2.5 5.25

3.0 5.50

3.5 5.75

4.0 6.00
{CW097768.1} 26 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___

4.5 6.25

5.0 6.50

5.5 6.75

6.0 7.00

6.5 7.25

7.0 7.5

7.5 7.75
≥8.0 hours
used
F. Equipment Not on the Job Site Not Required for Original-Contract Work. For equipment not on the job site at the time required to perform work paid by force account and not required for original-Contract work, the time paid is the time:

1. To move the equipment to the location of work paid by force account plus an equal amount of time to return the equipment to its source when the work paid by force account is completed

2. To load and unload equipment

3. Equipment is operated to perform work paid by force account G. Non-Owner-Operated Dump Truck Rental. Contractor shall submit the rental rate for nonowner-operated dump truck rental to City. The City Engineer shall determine the payment rate.

Payment for non-owner-operated dump truck rental is for the cost of renting a dump truck, including its driver. For the purpose of markup payment only, the non-owner-operated dump truck is rental equipment and the owner is a subcontractor.

The above markups shall constitute full compensation for all home office overhead, field office overhead, bond costs, profit, labor liability insurance, and other fixed or administrative costs that are not costs specifically designated as cost or equipment rental as stated above. The total payment made as provided above shall be deemed to be the actual cost of the work and shall constitute full compensation therefor.

When extra work to be paid for on a force account basis is performed by a subcontractor, an additional markup of 2 percent (2%) will be added to the total cost of that extra work including all markups specified in this Section. The additional 2 percent (2%) markup shall reimburse Contractor for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a subcontractor.
{CW097768.1} 27 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Pursuant to Section 18(b) of the Agreement, Contractor certifies as follows:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Signed: Date:

David Yosso, Principal Owner
Business Address (Street Address, City, State & Zip Code):
121 #1 Industrial Road
Belmont, CA 94002
Business Phone: (800) 475-1071
{CW097768.1} 28 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Angels Camp, State of California, has awarded to Specified Play Equipment Co. (SPEC), hereinafter designated as the “Principal,” a contract for the Utica Park Children’s Playground; and,
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.

NOW, THEREFORE, we the Principal, and as Surety, are
held and firmly bound unto the City of Angels Camp in the penal sum of _____________________________________ ($_____________), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, or Principal’s heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in said contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning; and shall defend, indemnify and save harmless the City of Angels Camp, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

And the Surety, for value received hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Special Provisions, and other contract documents, no change, extension of time, alteration, or addition to the terms of the contract, or to the work to be performed hereunder, or to the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of additions to the terms of the Contract to the work, or to the specifications.

The City of Angels Camp reserves the right to refuse use of any Contractor assigned by any surety to complete the work.
[Signatures on Following Page]
{CW097768.1} 29 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their seals this __________ day of _______________, 2023, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Corporate Seal) Principal
By David Yosso
Title Principal Owner
(Attach Notarial Acknowledgment)
(Corporate Seal) Surety

Address
Phone No.: ( ) Fax No.: ( )

By
Attorneys-in-Fact
Title
(Attach Notarial Acknowledgment)
NOTE TO SURETY COMPANY: There must be submitted a certified copy of unrevoked resolution of authority for the attorneys-in-fact.
(Seal) Witness
Approved as to form:

Risk Manager
{CW097768.1} 30 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Angels Camp, a municipal corporation, has awarded to Specified Play Equipment Co. (SPEC), hereinafter designated as the “Principal”, a contract for the Utica Park Children’s Playground; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure payment of claims of laborers, mechanics, or materialmen employed on work under said contract, as provided by law.

NOW, THEREFORE, we the undersigned Principal and Surety are held and firmly bound unto the City of Angels Camp in the sum of ____________________________________________ ($_________), said sum being equal to the estimated amount payable by said City of Angels Camp under the terms of the contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if said Principal, or Principal’s heirs, executors, administrators, successors, or assigns, or subcontractors shall fail to pay for any material, provisions, provender, or other supplies, implements, or machinery used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from these wages of employees of the Contractor and Contractor’s subcontractors pursuant to the Revenue and Taxation Code, with respect to such work and labor, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, said Surety will pay a reasonable attorney’s fee to be fixed by the court.

This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3138 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.

Said Surety, for value received, hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Special Provisions, and other Contract Documents, no change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed there under, or to the specifications accompanying the same, shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the specifications. [Signatures on Following Page]
{CW097768.1} 31 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their seals this ___________ day of ________________, 20__, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Corporate Seal) Principal
By David Yosso
Title Principal Owner
(Attach Notarial Acknowledgment)
(Corporate Seal) Surety

Address
Phone No.: ( ) Fax No.: ( )

Risk Manager
This Agreement is made and entered into as of the 7th day of February, 2023, by and between the CITY OF ANGELS, a municipal corporation ("City") and Specified Play Equipment Co., (“Consultant").

RECITALS:

A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and
B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

C. City desires to retain Consultant to render professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. The Consultant shall furnish the following services in a professional manner:
“Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time.”

2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue for a period of three years.

3. Compensation. Compensation to be paid to Consultant shall be no more than $460,000. In no event shall Consultant's compensation exceed 460,000 per fiscal year without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City.

6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days’ written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination.

7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request by City. Consultant shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose.

8. Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Auditor, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest.

9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.

10. Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.

12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.

13. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession.

Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession.

14. Indemnity, Consultant shall indemnify and hold harmless City, its elected and appointed officials, officers, employees, and volunteers (collectively, “City”) from losses, costs, liabilities and expenses for any damage, injury or death (collectively, “Liability”) arising directly or indirectly from or connected with the services provided under this Agreement to the extent that such Liability is caused by the negligence or willful misconduct of Consultant, its officers, employees, agents, contractors, subcontractors, consultants, or any person under its direction or control and shall make good to and reimburse City for any expenditures, including reasonable attorneys’ fees, the City may incur by reason of such matters. Consultant’s obligations under this Section shall exist regardless of concurrent negligence or willful misconduct on the part of the City or any other person; provided, however, that Consultant shall not be required to indemnify City for the proportion of Liability a court determines is attributable to the negligence or willful misconduct of the City. The City acknowledges that this indemnity does not require the Consultant to provide an up-front legal defense to the City. This indemnification clause shall survive the termination or expiration of this Agreement.

Consultant further agrees to provide, at Consultant’s expense, reasonable assistance to the City in responding to third party claims to the extent such claims implicate the quality of the Consultant’s performance under this Agreement, which assistance shall include selection, management, and compensation of expert witnesses as necessary to substantiate or defend the quality of the Consultant’s performance under this Agreement, as well as making Consultant’s employees and project work product available as reasonably necessary to assist in the defense of such claims. This shall not preclude the City from recovering its reasonable attorneys’ fees and defense costs in responding to third party claims to the extent such claims are found to have been caused by the Consultant’s negligence or willful misconduct.

15. Insurance Requirements.
a. Commercial General Liability
i. Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Vendor’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required.
ii. Any failure to comply with reporting provisions of the policies by Vendor shall not affect coverage provided the City.
iii. Coverage shall state that Vendor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. iv. Coverage shall contain a waiver of subrogation in favor of the City. b. Business Automobile Liability
i. Vendor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than two million dollars ($2,000,000) per accident.
c. Workers’ Compensation and Employers’ Liability
ii. Vendor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Vendor shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
d. All Coverages
i. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. ii. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
iii. Evidence of Insurance - Prior to commencement of work, the Vendor shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Vendor must agree to provide complete, certified copies of all required insurance policies if requested by the City. iv. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher.

16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City:

City of Angels
P.O. Box 667, 200 Monte Verda St., Suite B.

Angels Camp, CA 95222
Attention: Rebecca Callen, City Administrator
If to Consultant:

Specified Play Equipment Co. (SPEC)
121 #1 Industrial Road
Belmont, CA 94002
Attention: David Yosso, Principal Owner

17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the Agency and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City special counsel.

19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

22. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.

23. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

24. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

25. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

26. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.

Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

27. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

IN WITNESS HEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF ANGELS: Consultant:

By: By: ______________________________
Rebecca Callen, David Yosso, Principal Owner
City Administrator Specified Play Equipment Co.

ATTEST:

Rose Beristianos, Deputy City Clerk
Exhibit ‘A’

SCOPE OF WORK
Utica Park- Angels Camp

RFP RESPONSE
January 27, 2023
www.specplay.com
[email protected] Utica Park RFP | Cover Letter 800.475.1071 Points of Contact:

David Yosso, Principal Owner
Megan Popovich, Project Manager
121 #1 Industrial Road, Belmont, CA 94002
(800) 475-1071
[email protected]
[email protected]
Hi, We’re SPEC!
SPEC, Specified Play Equipment Company, is a full-service playground designer, supplier, and installer. We are a highly qualified team of structural engineers, project managers, product specialists, landscape designers, and community outreach coordinators. We love play, sport, park – and we are with you every step of the way. While our headquarters are located in Belmont, California, we have staff and projects all over the country.

We’re excited and honored to submit our qualifications as the consultant to design and build the Utica Park Playground in Angels Camp, CA. This unique, one-of-a-kind destination playground is our dream project, and we would be thrilled to be a part of it for many reasons. Megan Popovich was born and raised in Motherlode and frequently visited Utica Park growing up. She is looking forward to the opportunity of creating a special place for the community.

Our Expertise
We know play. We’ve worked alongside hundreds of landscape architects, cities, communities, and municipalities to bring iconic playgrounds to life all over the United States. Our ideas, our process, and our products are resilient and extraordinary, providing fun, positive learning environments for generations. We love challenges and will always go the extra mile to ensure the final product is exemplary.

Risk
For every playground we design, we consider the importance of challenge.

If you can conquer every element, every play experience, from the initial visit, why would you come back? We design play spaces to entice problem solving and creativity, both physically and mentally: How can I reach this? What ways can I jump from here to here? How do I climb to the top of this? Can I make it across without touching the ground?
Failure
Maybe the first time you try to grab that next monkey bar, you miss.

Maybe that same thing happens the second and third time as well.

Experiencing failure is an important part of life, and play is a constructive and necessary tool for understanding this.

Mastery
Through failure, we understand the importance of perseverance. Perhaps it’s the fourth try that you finally make it across the monkey bars. Through play, we learn some tasks take multiple tries to be successful. It is this risk, failure, and mastery that makes the win that much sweeter. Is there any better feeling than that?!
Creativity
We don’t believe in cookie cutter playgrounds. We believe in site specific, site appropriate, imaginative play spaces. We believe in color, shapes, and textures using the highest quality materials, and we only work with independent and innovative manufacturers that share that same ethos. www.specplay.com
[email protected] Utica Park RFP | Approach 800.475.1071 Why SPEC?!
Specified Play Equipment Company’s mission is to develop self-regulated play experiences for people of all ages and abilities to exercise risk, failure, and mastery. Play should be multifaceted, unprescribed, and open to interpretation. www.specplay.com
[email protected] Utica Park RFP | Project Approach and Understanding 800.475.1071 Here at SPEC, we do things a little differently. We are equal parts designer, supplier, installer, and playground enthusiast. We see each project holistically and believe in site specific designs. We love working with landscape architects, cities, and communities to create unique, one-of-a-kind destination play spaces.

How We Develop Concepts:
- We visualize and catalog the site as a whole, understanding the social, physical, and cultural components at play. Is there a historical aspect to the space? Is there a theme in the community? Is there a strong all-abilities focus? We take these pieces and use them to formulate a unifying concept and an overall design direction.
- For Utica Park, the history of the area and incorporating nature are core values for the city and community. We can use these themes as a diving board to drive form, function, and materiality in play. From a train and gold mine to represent Angels Camp history, to frog climbers that portray the Calaveras jumping frogs, to a tall wooden structure to make children feel like they are in treehouse, we can use concepts such as these and work directly with our manufacturers to create fun, interactive, and mesmerizing play spaces.

Our Deliverables:
- Seeing is believing. For every project, we provide full CAD plans, PDFs, renderings, and 3D models. We also work directly with our clients to provide full construction documentation support throughout the project.

Project Understanding:
- The existing playground area will be expanded to accommodate the new play equipment (existing equipment will be removed by the San Joaquin County Office of Education)
- The play area should be divided by the two different age groups - The design should be unique, nature-oriented, and incorporate the town’s history of mining and the railroad.
- The playground should use be inclusive and include different types of swing options, musical instruments, climbing structures, a zipline, an obstacle course, a merry-go-round, a see saw, toy excavator, toy fire engine and spring animals.
- The overall project budget is $460,000 and will be completed in two phases.

Our Process!
Experience | San Pablo Park
City of Berkeley
San Pablo Park — SPEC (specplay.com)
www.specplay.com
[email protected]
800.475.1071 Experience | San Pablo Park
www.specplay.com
[email protected]
800.475.1071 Experience | San Pablo Park
Experience | Imagine Playground
City of Dublin
Dublin Imagine — SPEC (specplay.com)
www.specplay.com
[email protected]
800.475.1071 Experience | Imagine Playground
Imagine Playground in Dublin, CA is an “allabilities” playground including state of the art play equipment for ages 2-12, fitness
equipment for ages 13+, outdoor music for all
ages, and beautiful site furnishings throughout.
www.specplay.com
[email protected]
800.475.1071 Experience | Imagine Playground
Experience | Alice Chalmers
City of San Francisco
Alice Chalmers — SPEC (specplay.com)
www.specplay.com
[email protected]
800.475.1071 Experience | Alice Chalmers Park
Designed by GWO, the goal of Alice Chalmers was to create “play experiences that mimic the rocky and rugged California coast. It gives kids a tactile and active play experience through traditional play elements and a thoughtful and efficient layout.”
- Fun fact: Before this playground renovation, Alice Chalmers was originally rated San Francisco’s worst playground
www.specplay.com
[email protected]
800.475.1071 Experience | Alice Chalmers Park
Experience | Woodbine Ecopark
New Jersey
www.specplay.com
[email protected]
800.475.1071 Experience | Woodbine Ecopark
A meandering, ecological, forest inspired play area
nestled amongst the deciduous forests of the east coast.

Complete with a treetop boardwalk, embankment slides,
endless climbing options, and swings galore, this natural playground is in the 100% CD phase.
www.specplay.com
[email protected]
800.475.1071 Experience | Woodbine Ecopark
Experience | Fischer Park
New Braunfels TX
www.specplay.com
[email protected]
800.475.1071 Experience | Fischer Park
SPEC Custom Designs
FDR Park — SPEC (specplay.com)
Harwood Park — SPEC (specplay.com)
www.specplay.com
[email protected]
800.475.1071 Custom Projects | Creative Design
Pattison Playground-Philadelphia
Harwood Park- Dallas
www.specplay.com
[email protected]
800.475.1071
Utica Park RFP | Cost and Timing
Cost
SPEC will work with the City of Angels to make sure all budget goals are met throughout the entire process.

Timing
Current Approximate Lead Times:
• BCI Burke: 6-8 weeks
• WholeTrees: 12-14 Weeks
• Lappset: 12-14 Weeks
• Mmcite: 14-16 weeks
• ID Sculpture: 8-12 Weeks
Milestone Duration Due date Contingency-notes
Contract Signed 2/7/23
100% Design Development 5 Weeks 3/14/23
City review and comment
period
5 Days 3/20/23
50% Construction
Documentation
5 Weeks 4/24/23 *Pending Number of
Comments
City review and comment
period
5 Days 5/1/23
100% Construction
Documentation
4 Weeks 5/30/23 *Pending Number of
Comments
Submittals 3 Weeks 6/20/23 Direct Purchase by City
Receive Purchase Order and
50% Fabrication Deposit
ADD Freight
1 Week 6/27/23 Direct Purchase with no 3rd
Party Markup
Manufacturing and
Fabrication
6-8 Weeks
(BCI BURKE)
8/8/23-
8/22/23
*See Lead Times Below for
Other Manufacturers
Delivery 1 Weeks 8/29/23
Balance Due with Delivery
Installation 2 weeks 9/15/23
Grand Opening Phase 1 9/16/23
Grand Opening Phase 2 6/30/24
MILESTONES SAMPLE PHASE 1 EXPENDITURE
Cost
Phase 1 $135,000
Phase 2 $325,000
www.specplay.com
[email protected]
800.475.1071 Utica Park RFP | Project Team

DAVID YOSSO

PRINCIPAL

CHRIS OLSEN
SR. PROJECT MANAGER

BRAD BAILEY

STRUCTURAL ENGINEER

KACY ROEDER
LAND. ARCH

MEGAN POPOVICH

PROJECT MANAGER

AMANDA BROWN

MARKETING DESIGNER

DENISE YOSSO

OFFICE MANAGER
• Project Lead
• Handles primary coordination and
communication
• Works with all parties from project inclusion to
project installation
Here at SPEC, we are small yet
powerful. Our team possesses the
shared goal of bringing projects to life.

We value each team member’s input
and fully embrace custom projects
with an all hands-on- deck approach.

At SPEC, we place the utmost
importance on our clients’ wants and
needs while also ensuring all projects
are built to ASTM standards.

For the Utica Park Playground, our
team will be led by project manager
Megan Popovich, owner David Yosso
and assisted by Design Manager and
Landscape Architect Kacy Roeder.

Together, the team at SPEC has more
than 50 years of playground and
landscape architecture experience.
• Construction administration and
construction observation support
• On staff engineering support
• Project Assistant
• Supports all project coordination
• Handles all files and renderings
• Ensures CPSI/ASTM conformity
• In charge of all orders, invoices,
processing, shipping, receiving,
and contract management
• Support on all aspects including
proposals, presentations, and file
organization
• Tuolumne County local who is very
familiar with the Angels Camp community
and history of the area
• Handles all social media,
website, and marketing
www.specplay.com
[email protected]
800.475.1071
Utica Park RFP | SPEC Clients • Blue Lake Springs HOA, Arnold CA • City of San Francisco Rec and Parks • San Francisco Trust for Public Lands • SF Parks Alliance • City of San Jose, CA • City of Millbrae • City of San Diego, CA • City of Berkeley, CA • City of Mountain View • City of Oakland, CA • City of Livermore • Manteca Unified School District • City of Dublin, CA • City of Dallas, TX • Harris County, TX • New York City Parks, NY • Hudson River Park Trust *References available upon request SPECPLAY.com 121 #1 Industrial Road, Belmont, CA 94002 Page 1 Principal, Owner David Yosso 2017-present
Specified Play Equipment Company 121 #1 Industrial Road Belmont, CA Owner/Operator of SPEC exclusively representing world renowned independent PLAY, SPORT, PARK manufacturers such as Berliner Seilfabrik, BCI Burke, Lappset, and mmcite to name a few. SPEC primarily works with municipalities, school districts, private schools, Landscape Architects, and Architects throughout Northern California and the Greater San Francisco Bay Area. In addition, SPEC provides our expertise and knowledge to collaborate with Landscape Architects on projects throughout the United States.

Previous Related Work Experience
Senior Project Manager Miracle Playsystems, Inc. Oakland, CA 2007-2017 Responsible for all aspects of Playground Project Management including cultivating clients, managing the design process from site design to construction management and long term maintenance. Successfully managed over 400 playground projects for municipalities and school districts throughout Northern California and the Greater San Francisco Bay Area.

Education
Master of Science, Parks and Business
Management
B. S. Recreation Administration
Cal Poly, San Luis Obispo
SPEC Management Team
Senior Project Manager Chris Olsen 2019-present
Responsible for all aspects of Project Management including cultivating clients, managing the design process from site design to construction management and long term maintenance. Successfully managed over 150 playground projects for municipalities and school districts throughout Northern California and the Greater San Francisco Bay Area. Previous experience in the playground industry dating back to 2014.

Education B.A. Psychology and Child Development CSU, CHICO Office Manager Denise Yosso 2017-present
Responsible for all aspects of back office Management including Accounts Payable, Accounts Receivable, and Contract Management. Successfully managed over 25 playground contracst for municipalities and school districts throughout Northern California and the Greater San Francisco Bay Area.

Education B.A. Environmental Studies / Political Science UC Santa Barbara SPECPLAY.com 121 #1 Industrial Road, Belmont, CA 94002 Page 2 Playground Designer Manager Kacy Roeder 2021-present
Responsible for all aspects of Landscape Design, Layouts, Code Compliance, and Construction Documents. Successfully manages Landscape and playground projects for municipalities and school districts throughout Northern California and the Greater San Francisco Bay Area.

Education
Cal Poly, San Luis Obispo
Project Manager Megan Popovich 2020-present
Responsible for all aspects of Project Management including cultivating clients, managing the design process from site design to construction management and long term maintenance. Manages playground projects for municipalities and school districts throughout Northern California and the Greater San Francisco Bay Area.

Education
Structural Engineer Team
CA License S5896
Bradley J. Bailey
Senior Structural Engineer
Bailey Structural Engineering
Garden Valley, CA
Bailey Structural Engineers have been working with David Yosso for more than 10 years to help design and build beautiful play structures throughout California. Our California Structural Engineers license number is S5896. We are certified by all Specified Play Equipment Companies manufacturers and suppliers to stamp and meet California Structural Engineering requirements.

CPSI Inspection Team
NPSI Licensed
TRK Play
Coarsegold, CA
TRK Play provides consultation to Specified Play Equipment Co. during the schematic design, construction development, and installation phase to ensure the playground meets ASTM F1487. In addition, TRK Play provides ASTM F1292 attenuation testing for safety surfacing. Timothy has performed this service for David Yosso and SPEC for over 10 years.

B.S. Recreation, Parks and Tourism Administration
Master of Landscape Architecture CU Denver, Colorado
Thank you for this opportunity!
Independence. Innovation. Passion.

Contact:

David Yosso, Principal Owner, SPEC
Megan Popovich, Project Manager
121 #1 Industrial Road
Belmont, CA 94002
(800) 475-1071
[email protected]
[email protected]

RESIDENTS AND BUSINESSES

RECOMMENDATION
No action required

BACKGROUND
The City Administrator proclaimed a disaster on December 29, 2022, and the City Council ratified that proclamation on January 3, 2023. The State of California proclaimed the storm on January 4, 2023, for a disaster period starting on December 27, 2022.

DISCUSSION
The City was made aware on the evening of January 23, 2023, that Calaveras County had been included in the Federal Declaration with Federal Emergency Management and U.S. Small Business Administration to now be ready to assist small businesses and residents affected by the winter storms.

This inclusion is a huge relief for many in our County and City and we are grateful that FEMA and SBA have been able to identify how these damages have impacted our communities.

A huge thank you to all the residents and businesses for submitting initial damages to the City and County as we have been sharing this information to paint the picture for them. This information was critical in telling our story.

FINANCIAL IMPACT
n/a

ATTACHMENTS
Power Point
FEMA-4683-DR-CA
Individual Assistance Elected Officials Briefing
January 19, 2023 | For Official Use Only
Types of Assistance
2 Individuals and Households Program (IHP)
 Housing Assistance
 Other Needs Assistance
Community Services Programs
 Crisis Counseling Programs (CCP)
 Disaster Case Management (DCM)
 Disaster Unemployment Assistance (DUA)
 Disaster Legal Services (DLS)
Merced Co: AP Photo/Noah Berger
Process for Assistance
3 Registration
 1-800-621-FEMA (3362)
 In-person: State Local Assistance Center, Joint Disaster Recovery Center
 Digital: Internet (disasterassistance.gov), Mobile app Review
 Determine eligibility, review insurance, inspect losses, and award amount
Notification by mail
 Electronic notification through email provided is available Helpline & Appeals
Individuals and Households Program (IHP)
4 Housing Assistance may include (FY 2023 max grant award - $41,000):
 Lodging Expense Reimbursement
 Rental Assistance
 Repair Assistance
 Replacement Assistance
 Direct Housing Program
 100% federally funded
Other Needs Assistance may include (FY 2023 max grant award - $41,000):
 Personal Property, Transportation, Medical/Dental, Childcare, Funeral, Miscellaneous, Moving and Storage, Critical Needs Assistance, Clean and Sanitize Assistance
 Cost share: 75% Federal, 25% State
Santa Barbara Co: AP Photo/Ringo H.W. Chiu
Community Services Programs
5 Crisis Counseling Assistance and Training Program (CCP)  Provides supplemental funding to eligible state and local government and non-governmental organizations to assist disasterimpacted individuals and communities in recovering from the major disasters through the provision of community-based outreach and psycho-educational services. The goal is to aid survivors in recovering from the adverse reactions to disasters and to begin to rebuild their lives.

Disaster Case Management (DCM)
 Time-limited process that promotes partnership between a case manager and a disaster survivor in order to assess and address a survivor’s verified disaster-caused unmet needs through a disaster recovery plan. Disaster recovery plan includes resources, decisionmaking priorities, guidance, and tools to assist disaster survivors.

Community Services Programs
6 Disaster Unemployment Assistance (DUA)
 Provides unemployment benefits and re-employment assistance services to survivors who are not eligible for regular state unemployment insurance (UI).

Disaster Legal Services (DLS)
 Provides legal aid to low-income survivors. Types of legal assistance offered include help with insurance claims, recovery or reproduction of legal documents lost in the disaster, help with home repairs and disputes with contractors and/or landlords, the preparation of powers of attorney and guardianship materials, and FEMA appeals.

Sequence of Delivery
7 •Voluntary Agency Emergency Assistance
•Insurance
•FEMA IHP (Housing)
•SBA Loan
•FEMA IHP (Other Needs Assistance)
•State Supplemental Grant Program
•Voluntary Agencies
•Long-Term Recovery Committees
Resources
8 www.disasterassistance.gov
www.sba.gov/disaster
Merced Co: photo by Josh Edelson/AFP via Getty Images
Thank you for joining us

FOR CONSTRUCTION OF A RANGE STRUCTURE

RECOMMENDATION
APPROVAL OF CONTRACT BETWEEN ROLLERI CONSTRUCTION INC. AND THE CITY OF ANGELS CAMP FOR THE CONSTRUCTION OF A RANGE STRUCTURE AND CONCRETE SLAB.

BACKGROUND
On December 6, 2022 City Council accepted and approved expenditures from a donation in the amount of $100,000 from the Wings of Freedom Foundation. Approximately $50,000 of the donated funds were to be allocated to construction and miscellaneous needs for the Angels Camp Police Department range facility.

DISCUSSION
This range project is for new construction of a covered range structure at the range facility which is utilized by the Angels Camp Police Department for training purposes. The project will consist of construction of a 14’x30’ covered structure along with a 10’x40’ extension of concrete which is an addition to a current concrete slab already in place.

After receiving the funds and acceptance by Council the initial range project was put out to bid. An extensive internet search and outreach to construction companies willing to bid the project was conducted. A total of three responded with bids. Rolleri Construction Inc. supplied the lowest bid with a bid of $19,950. See Attached

FINANCIAL IMPACT
No impact to public funds as this expenditure will utilize donation funds allocated solely to the Angels Camp Police Department for the project described above.

ATTACHMENTS
*Quote from Rolleri Construction
*Contract Between the Angels Camp Police Department and Rolleri Construction *Resolution 23-15
Estimate
Date
11/28/2022
Estimate #
31 Name / Address
A.C.P.D.

Rolleri Construction Inc.

P.O. Box 1193
Altaville, Ca. 95221
Project
Total
Description Qty Rate Total
City Spray Fields Shooting Range
Labor and Materials to Build 14' x 30' Covered Structure With Bench Along Front Side and Bench Seats along Back Side
15,450.00 15,450.00
10' x 40' Concrete Slab Extension 4,500.00 4,500.00
$19,950.00
{CW097768.1} 1 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185

CONSTRUCTION SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF ANGELS

AND ROLLERI CONSTRUCTION
Project No. 2023-15
2023 Police Range Construction
THIS CONSTRUCTION SERVICES AGREEMENT (the “Agreement”) is entered into by and between the CITY OF ANGELS, a California municipal corporation (“City”), and Rolleri Construction, a Class A (“Contractor”), on this ____ day of February 2023 (the “Effective Date”).

City and Contractor may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Agreement.

RECITALS
A. City seeks a duly qualified and licensed firm experienced in the construction of Police Range Structure (the “Project”).

B. The Project involves a project less than $25,000 for construction and is funded solely by private donations and does not constitute a public work contract per Labor code 1782.

C. The project is funded solely by private donations.

D. Contractor has made a proposal to City to provide construction services, a copy of which is attached and incorporated hereto as Exhibit A (the “Services”).

E. City has determined it is necessary and desirable to employ the services of Contractor to perform construction work on the Project.

F. City has taken appropriate proceedings to authorize construction of the Project and execution of this contract pursuant to Labor Code section 1782 et seq.; specifically, on February 17, 2023, at a duly noticed meeting of the City Council of the City of Angels Camp, this contract for the construction of the improvements hereinafter described was awarded to Contractor.

NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

AGREEMENT

1. Contract Documents: This Agreement, together with the following documents, are collectively referred to herein as the “Contract Documents”:
i. Plans and detailed drawings prepared for this Project and approved by City (“Project Plans”);
{CW097768.1} 2 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185
ii. All insurance required by the Contract Documents;
iii. Any and all supplemental agreements amending, decreasing, or extending the work contemplated or which may be required to complete the work, whereby complete shall mean final acceptance by the City, NOT substantially complete; and
iv. The current edition of the City of Angels Camp Standard Specifications and Drawings.

The Contract shall terminate June 30, 2023, after City accepts Contractor’s performance of the Services by recording a Notice of Completion with the County of Calaveras Clerk Recorder (the “Term”), unless the Parties mutually agree in writing to terminate the Contract earlier or extend the Term in an agreed writing executed by both Parties.

3. Scope of Work.
(a) Services. Contractor shall perform the Services described in Exhibit A, subject to all terms and conditions in the Contract. Contractor shall not receive additional compensation for the performance of any Services not described therein.
(b) Modification. City, at any time, by written order, may make changes within the general scope of the work under this Agreement or issue additional instructions, require additional work or direct deletion of work. Contractor shall not proceed with any change involving an increase or decrease in the Contract Price, as defined in Section 4 of this Agreement, without prior written authorization from City. Contractor shall not be entitled to compensation for the performance of any such unauthorized work. Contractor further waives any and all right or remedy by way of restitution or quantum meruit for any and all extra or changed work performed without express and prior written authorization of City. Notwithstanding the foregoing, Contractor shall promptly commence and diligently complete any change to the work subject to City's written authorization issued pursuant to this Section ; Contractor shall not be relieved or excused from its prompt commencement of diligent completion of any change subject to City's written authorization by virtue of the absence or inability of Contractor and City to agree upon the extent of any adjustment to the completion schedule or Contract Price on account of such change. The issuance of a change order pursuant to this Section 3 in connection with any change authorized by City shall not be deemed a condition precedent to Contractor's obligation to promptly commence and diligently complete any such change authorized by City hereunder. City's right to make changes shall not invalidate the Contract nor relieve Contractor of any liability or other obligations under the Contract. Any requirement of notice of changes in the scope of work to Contractor’s surety shall be the responsibility of Contractor. {CW097768.1} 3 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185
(c) Specific Materials & Performance of Work. Contractor shall furnish all tools, equipment, facilities, labor, and materials necessary to perform and complete, in good workmanlike manner, the work of general construction as called for and in the manner designated in, and in strict conformity with, the plans and specifications for said work entitled, “General Conditions and Special Provisions for Sidewalk Rehabilitation.” The equipment, apparatus, facilities, labor, and material shall be furnished, and said work performed and completed as required by the Contract under the direction and supervision, and subject to the approval, of the City Engineer of or City Engineer’s designated agent.
(d) Exhibits. All “Exhibits” referred to below or attached hereto are, by this reference, incorporated into the Contract.

Exhibit Designation Exhibit Title

1. Exhibit A Scope of Services

2. Exhibit B Workers’ Compensation Insurance Certification

4. Contract Price. City shall pay, and Contractor shall accept in full payment for the work set forth above in Section 3, Scope of Work, an amount not to exceed $19,950 Dollars ($19,950.00) (the “Contract Price”). Said amount shall be paid pursuant to Section 8 of this Agreement. The Contract Price may only be changed by a contract change order. The value of any work covered by a contract change order for an adjustment in the Contract Price will be determined in the sole discretion of City as follows:
(a) If the work performed is on the basis of unit prices contained in the Contract Documents, the change order will be determined in accordance with the provisions in Section 4-1.05, “Changes and Extra Work”, of the Caltrans Standard Specifications, as applicable; or (b) If the work performed is not included on the engineer’s estimate associated with a unit price, the change order will be by a mutually agreed lump sum; or

6. Termination.
(a) Option of City to Terminate Contract for Failure to Complete Services. If a Party should fail to perform any of its obligations hereunder within the time and in the manner herein provided, or otherwise violates any of the terms of the Contract (the “Defaulting Party”), the other Party shall give notice to the Defaulting Party and allow the Defaulting Party ten (10) days to correct such deficiency. If the Defaulting Party does not correct such deficiency, the other Party may immediately terminate the Contract by giving written notice of such termination, stating the reason for such termination. In such event, Contractor shall be entitled to receive payment for all Services {CW097768.1} 4 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185
satisfactorily rendered until such termination, provided, however, there shall be deducted from such amount the amount of damage, if any, sustained by virtue of any breach of the Contract by Contractor, including Delay Damages. If payment under the Contract is based upon a lump sum in total or by individual task, payment for Services satisfactorily rendered shall be an amount which bears the same ratio to the total fees specified in this Agreement as the Services satisfactorily rendered hereunder by Contractor to the total services otherwise required to be performed for such total fee, provided, however, that there shall be deducted from such amount the amount of damage, if any sustained by City by virtue of any breach of the Contract by Contractor. Upon termination, Contractor shall deliver copies of all Work Product, as defined in Section 19 of this Agreement, to City. If District terminates the Contract before Contractor commences any Services hereunder, City shall not be obligated to make any payment to Contractor.
(b) If Contractor should be adjudged bankrupt or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it or any of its subcontractors should violate any of the provisions of the Contract, City may serve written notice upon it and its surety of its intention to terminate the Contract. Such notice shall contain the reasons for City’s intention to terminate the Contract, and unless such violations shall cease within five (5) calendar days after serving of such notice, the Contract shall cease and terminate upon the expiration of said five (5) calendar days. In the event of any such termination, City shall immediately serve written notice thereof upon the surety and Contractor, and the surety shall have the right to take over and perform the Contract; provided however, that, if the surety does not give City written notice of its intention to take over and perform the Contract or does not commence performance thereof within thirty (30) calendar days from the date of the service of such notice, City may take over the work and prosecute the same to completion by contract or any other method it may deem advisable, for the account and at the expense of Contractor, and Contractor and its surety shall be jointly liable to City for any excess cost occasioned City thereby, and in such event City may, without liability for so doing, take possession of and utilize in completing the work, such materials, appliances, and other property belonging to Contractor as may be on the Project site and necessary thereof.

8. Compensation: City shall make payments to Contractor in legally executed and regularly issued warrants of City, drawn on the appropriate fund or funds as required by law and order of the City Council thereof.
{CW097768.1} 5 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185

9. Permits and Care of Work: The City will obtain all permits for the building. Contractor shall, at Contractor's expense, give all necessary notices and pay all fees and taxes required by law, except those City fees set forth in Section 1 of the Special Provisions. Contractor has examined the Project site and is familiar with its topography and condition, location of property lines, easements, building lines, and other physical factors and limitations affecting the performance of the Contract.

Contractor, at Contractor's expense, shall obtain any permission necessary for any operations conducted off the property owned or controlled by City. Contractor shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance.

10. Public Works and Payment of Prevailing Wage: This contract is not required to conform to prevailing wage per Council approval, using Labor Code 1782. Construction contract is less than $25,000 and is funding solely by private donations.

11. Superintendence by Contractor: Contractor shall give personal superintendence to the work on the Project or have a competent foreman or superintendent satisfactory to the City Engineer on the Project at all times during construction and performance of work under the Contract, with authority to act for Contractor.

12. Inspection and Testing by City: Contractor shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work performed on the Project and to the shops wherein the work is in preparation. Contractor shall notify City with sufficient time in advance of the manufacture of production materials to be supplied by Contractor under the Contract in order for City to arrange for mill or factory inspection and testing of same. Any materials shipped by Contractor from factory prior to having satisfactorily passed such testing and inspection by City's representative or prior to the receipt of notice from such representative that such testing and inspection will not be required shall not be incorporated on the Project. Contractor shall also furnish to City, in triplicate, certified copies of all factory and mill test reports upon request.

13. Conformity with Law and Safety: Contractor shall observe and comply with all applicable laws, ordinances, codes, and regulations of governmental agencies, including federal, state, municipal, and local governing bodies having jurisdiction over any or all of the scope of Services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulations, the California Building Code, the American with Disabilities Act, any copyright, patent, or trademark law, and all other applicable federal, state, municipal, and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by Contractor or its subcontractors must be in accordance with these laws, ordinances, codes, and regulations.

If a death, serious personal injury or substantial property damage occurs in connection with the performance of the Contract, Contractor shall immediately notify City's risk manager by telephone.

If any accident occurs in connection with the Contract, Contractor shall promptly submit a written report to City, in such form as City may require. This report shall include the following information:
{CW097768.1} 6 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185
(a) name and address of the injured or deceased person(s); (b) name and address of Contractor’s subcontractor, if any; (c) name and address of Contractor’s liability insurance carrier; and (d) a detailed description of the accident, including whether any of City's equipment, tools, or materials were involved.

14. Other Contracts: City may award other contracts for additional work on the Project, and Contractor shall fully cooperate with such other contractors and carefully fit Contractor's own work to that provided under other contracts as may be directed by the City Engineer. Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor.

15. Indemnification:
(a) Indemnity for Professional Liability. When the law establishes a professional standard of care for Contractor’s Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers (“City’s Agents”) from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent Contractor or its subcontractors are responsible for such damages, liabilities and costs on a comparative basis of fault between Contractor or its subcontractors and City in the performance of professional services under the Contract. Contractor shall not be obligated to defend or indemnify City for City’s own negligence or for the negligence of others. (b) Indemnity for other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and any and City’s Agents from and against any liability, including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of the Contract by Contractor or by any individual or agency for which Contractor is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Contractor.

16. Contractor's Insurance: Concurrently with the execution hereof, Contractor shall furnish City with satisfactory proof of carriage of the insurance required under this section, and that Contractor shall give City at least sixty (60) days prior notice of the cancellation of any policy during the Term of this contract. Contractor shall not commence work under this Agreement until Contractor has obtained City’s approval regarding all insurance requirements, forms, endorsements, amounts, and carrier ratings, nor shall Contractor allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved.

Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or {CW097768.1} 7 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185
subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of the Contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to City. (a) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000) per occurrence, Four Million Dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including, without limitation, blanket contractual liability and coverage for explosion, collapse, and underground property damage hazards. Contractor’s general liability policies shall be primary and not seek contribution from City’s coverages and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. The policy shall contain, or be endorsed to contain, the following provisions:
(1) City, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work or operations, which coverage shall be maintained in effect for at least three (3) years following the completion of the work specified in the Contract. General liability coverage can be provided in the form of an endorsement to Contractor’s insurance (at least as broad as CG 20 10 for ongoing operations and CG 20 37 for products/completed operations), or as a separate Owners and Contractors Protective Liability policy providing both ongoing operations and completed operations coverage.
(2) For any claims related to the Project, Contractor’s insurance coverage shall be primary insurance as respects City and any insurance or self-insurance maintained by City shall be excess of Contractor’s insurance and shall not contribute with it.
(3) In the event of cancellation, non-renewal, or material change that reduces or restricts the insurance coverage afforded to City under the Contract, the insurer, broker/producer, or Contractor shall provide City with thirty (30) days’ prior written notice of such cancellation, non-renewal, or material change. (4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
(b) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least One Million Dollars ($1,000,000). Contractor shall submit to City, along with the certificate of {CW097768.1} 8 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185
insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
(c) Auto Insurance. Contractor shall provide auto liability coverage for owned, nonowned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than Two Million Dollars ($2,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy. (d) Professional Liability Insurance. When applicable, Contractor shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with the Contract, in the minimum amount of One Million Dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by the Contract.
(e) Deductibles and Self-Insured Retentions. Upon request of City, any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City and City’s Agents; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. (f) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.

Best’s rating of no less than A-:VII or with an insurer to which City has provided prior approval. (g) Verification of Coverage. Contractor shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this Section 18. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right, at any time, to require complete, certified copies of all required insurance policies and endorsements. (h) Waiver of Subrogation. With the exception of professional liability, Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. The commercial general liability policy and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Contractor, its agents, employees, independent contractors and subcontractors. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. (i) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

17. Ownership of Work Product: Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes, professional or technical information or data, {CW097768.1} 9 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185
photographs, notes, letters, emails, or any original works of authorship created by contractor or its subcontractors or subcontractors in connection with Services performed under the Contract (“Work Product”) shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event that it is ever determined that any Work Product created by Contractor or its subcontractors or subcontractors under the Contract are not works for hire under U.S. law, Contractor hereby assigns all copyrights to such Work Product to City. With the prior written approval of the City Engineer, Contractor may retain and use copies of such Work Product for reference and as documentation of its experience and capabilities.

18. Taxes: Payment of any taxes, including California sales and use taxes, levied upon the Contract, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Contractor. Contractor shall cooperate with City to the full extent possible to maximize the local allocation of California sales and use tax to City. Such cooperation shall include, but not be limited to:
(a) Use Tax Direct Payment Permits. Contractor shall apply for, obtain, and utilize, to the maximum extent reasonable, a California Use Tax Direct Payment Permit.

19. Independent Contractor: At all times during the Term of the Contract, Contractor shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Contractor performs the Services required under the Contract. Contractor shall be liable for its acts and omissions, and those of its employees, contractors, subcontractors, representatives, volunteers, and its agents. Nothing contained herein shall be construed as creating an employment, agency, or partnership relationship between City and Contractor. City shall have the right to control Contractor only insofar as the result of Contractor’s Services rendered pursuant to the Contract; however, City shall not have the right to control the means by which Contractor accomplishes Services rendered pursuant to the Contract.

20. Contractor Not Agent: Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Contractor shall have no authority, express or implied, pursuant to the Contract to bind City to any obligation whatsoever.
{CW097768.1} 10 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185

21. Arbitration of Disputes: All claims, disputes, and other matters in question between City and Contractor arising out of, or relating to, this Contract or the breach thereof, including claims of Contractor for extra compensation of Services related to the project, shall be decided by arbitration before a single arbitrator in accordance with the provisions of Sections 1281 through 1284.2 of the Code of Civil Procedure (the “Arbitration Laws”) unless the Parties mutually agree otherwise. The provisions of Section 1283.05 of the Arbitration Laws apply to any arbitration proceeding except as otherwise provided in the Contract. The arbitrator shall have authority to decide all issues between the Parties including, but not limited to, claims for extras, delay, and liquidated damages, if any, provided for the Contract, matters involving defects in the Services performed by Contractor or its subcontractors, rights to payment, and whether the necessary procedures for arbitration have been followed. The award rendered by the arbitrator shall be final and judgment may be entered upon it in accordance with applicable law in any court having competent jurisdiction thereof.

The costs of arbitration shall be borne by the Parties as determined by the arbitrator, but each Party shall bear its own attorney’s fees associated with the dispute with the other Party and to the arbitration. {CW097768.1} 11 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185
All administrative remedies required under Section 9 of this Agreement or pursuant to Public Contract Code section 9204, or required by any other law, shall be exhausted prior to commencement of any arbitration under this Section 23.

22. Provisions Cumulative: The provisions of the Contract are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City.

23. Notices: All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Any Party hereto may at any time, by giving ten (10) days’ written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below.

If to City: City of Angels
Attn: City Administrator
200 Monte Verde Street, Suite B
Angels Camp, CA 95222
With courtesy copies to: Churchwell White LLP
Attn: Douglas L. White, City Attorney
1414 K Street, 3rd Floor
Sacramento, CA 95814
If to Contractor: _____________________
_____________________
_____________________

24. Use of City Project Number: Contractor or its subcontractors agree to use the aforementioned City project number on all maps, drawings, submittals, billing, and written correspondence that involve City staff or contracted consultants. Nothing in this section shall preclude Contractor or its subcontractors from using their own project numbers for their own internal use.

25. No Conflict of Interest: Contractor represents that no conflict of interest will be created under state or federal law by entering into or in carrying out the Contract.

26. Confidentiality: Contractor understands and agrees that, in the performance of Services under the Contract, or in the contemplation thereof, Contractor may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”). Contractor shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Contractor written authorization to make any such disclosure, Contractor shall do so only within the limits and to the extent of that authorization. Contractor may be directed or advised by the City {CW097768.1} 12 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185
Attorney on various matters relating to the performance of Services on the Project or on other matters pertaining to the Project, and in such event, Contractor agrees that it will treat all communications between itself, its employees, and its subcontracts as being communications which are within the attorney-client privilege.

27. Modification. No alteration, amendment, modification, or termination of the Contract shall be valid unless made in writing and executed by all Parties to the Contract.

28. Waiver: No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

29. Assignment: No Party to the Contract shall assign, transfer, or otherwise dispose of this Agreement in whole or in party to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the foregoing provisions, the Contract shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.

30. Authority: All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, person, states, or firms and that all former requirements necessary or required by state or federal law in order to enter into the Contract have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

31. Governing Law: The Contract shall be governed and construed in accordance with the laws of the state of California.

32. Venue: Venue for all legal proceedings shall be in the Superior Court of California, in and for the County of Calaveras.

33. Severability: If the Contract in its entirety is determined by an arbitrator or a court of competent jurisdiction to be invalid or unenforceable, the Contract shall automatically terminate as of the date of final entry of judgment. If any provision of the Contract shall be determined to be invalid and unenforceable, or if any provision of the Contract is rendered invalid or unenforceable according the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

34. Mandatory and Permissive: “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.

35. Headings: Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
{CW097768.1} 13 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185

36. Attorney’s Fees and Costs: Except as expressly provided for in this Agreement, if any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret the provisions of the Contract, the prevailing Party shall be entitled to reasonable attorney’s fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

37. Necessary Acts and Further Assurances: The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of the Contract. [Signatures on Following Page]
{CW097768.1} 14 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185
IN WITNESS WHEREOF, three identical counterparts of this agreement, consisting of a total of ___ pages, each of which counterparts shall for all purposes be deemed an original of said agreement, have been duly executed by the parties hereinabove named, on the day and year first herein above written.

APPROVED AS TO FORM:
_______________________________
By: _____________________________
Douglas L. White, City Attorney
{CW097768.1} 15 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185

EXHIBIT A

SCOPE OF SERVICES
1) Build 14’x30’ Structure $15,450.00
2) 10’x40’ Concrete slab extension $4,500.00
a. Total: $19,500.00
{CW097768.1} 16 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Pursuant to Section 18(b) of the Agreement, Contractor certifies as follows:

Signed: Date:
(Typed or Printed Name)
Business Address (Street Address, City, State & Zip Code):

Business Phone: ( )
RESOLUTION 23-15

APPROVAL OF THE CONTRACT BETWEEN THE CITY OF ANGELS AND ROLLERI CONSTRUCTION FOR THE

POLICE RANGE PROJECT
WHEREAS, the City of Angels contacted several vendors requesting quotes; and WHEREAS, Rolleri Construction was low response; and
WHEREAS, Rolleri Construction is the recommended contractor; and WHEREAS, it has been determined that Rolleri Construction Inc. has the necessary personnel, equipment, and expertise to carry out the maintenance and repair projects; and WHEREAS, the project costs is under $25,000 and is funded with private donations and does not require bonds or prevailing wages per public contract code and labor code; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Angels, approves the Agreement and designates the City Administrator to execute the necessary documents between Rolleri Construction and the City of Angels, as attached.

Ayes:

Noes:

Absent:

Abstain:
________________________________
Jennifer Herndon, Mayor
ATTEST:
_________________________________
Rose Beristianos
City Clerk

HOME OF THE JUMPING FROG

FOR THE DEMOLITION, REMOVAL, AND REPLACEMENT OF DAMAGED CONCRETE SIDEWALKS IN AN AMOUNT NOT TO EXCEED $36,500.

RECOMMENDATION
Award contract to Sutton Enterprises for sidewalk repairs.

BACKGROUND
The City has several repairs need on the downtown sidewalks.

DISCUSSION
The City released an RFP for the demolition, removal, and replacement of concrete sidewalks for downtown. Due to the trees and shifting landscape, the sidewalks have become uneven and a nuisance.

The City received two responses and selected the lowest bidder.

To avoid bad weather, the timeline was to start in January. However, due to the storms and continued damage to the sidewalks during that time, it was determined to wait until February/March to begin work.

The total amount of the contract is $36,500 and will be focused on repairs to level the sidewalks. Staff will also be submitting a claim to CSJVRMA for $2,500 to assist in the costs of the repairs.

Ultimately, the trees along the sidewalks will need to be removed to over further damage and make sure that any replanting uses trees that are approved for pedestrian walkways to avoid sidewalk damage in the future.

FINANCIAL IMPACT
The budget included $15,000 to be paid for using LTF (Local Transportation Funding). Staff are recommending a budget amendment of $21,500 and an increase of LTF revenue in the amount of $21,500 as part of the midyear adjustments.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov

ATTACHMENTS
City of Angels and Sutton Enterprises
Resolution 23-16

RESOLUTION 23-16

APPROVAL OF THE CONTRACT BETWEEN THE CITY OF ANGELS AND SUTTON ENTERPRISES FOR

DEMOLITION, REMOVAL, AND REPAIRS ON DOWNTOWN SIDEWALKS
WHEREAS, the City of Angels released an RFP for sidewalk repairs for downtown on October 18, 2022; and
WHEREAS, bids were accepted through November 18, 2022; and WHEREAS, Sutton Enterprises is the winning contractor; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Angels, approves the Agreement and designates the City Administrator to execute the necessary documents between Sutton Enterprises and the City of Angels, as attached.

Ayes:

Noes:

Absent:

Abstain:
________________________________
Jennifer Herndon, Mayor
ATTEST:
_________________________________
Rose Beristianos
City Clerk

HOME OF THE JUMPING FROG
{CW097768.1} 1 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185

CONSTRUCTION SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF ANGELS

AND SUTTON ENTERPRISES
Project No. 52185-52185
2023 Downtown Sidewalk Rehabilitation
THIS CONSTRUCTION SERVICES AGREEMENT (the “Agreement”) is entered into by and between the CITY OF ANGELS, a California municipal corporation (“City”), and Sutton Enterprises, a Class A (“Contractor”), on this ____ day of February 2023 (the “Effective Date”). City and Contractor may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Agreement.

RECITALS
A. City seeks a duly qualified and licensed firm experienced in the construction of Sidewalk Rehabilitation (the “Project”).

B. The Project involves the expenditure of funds in excess of $5,000 and constitutes a “public project” pursuant to Public Contract Code section 20161.

C. Contractor has made a proposal to City to provide construction services, a copy of which is attached and incorporated hereto as Exhibit A (the “Services”).

D. City has determined it is necessary and desirable to employ the services of Contractor to perform construction work on the Project.

E. City has taken appropriate proceedings to authorize construction of the Project and execution of this contract pursuant to Public Contract Code section 20160 et seq.; specifically, on February 17, 2023, at a duly noticed meeting of the City Council of the City of Angels Camp, this contract for the construction of the improvements hereinafter described was awarded to Contractor as the lowest responsive and responsible bidder for said improvements.

NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

AGREEMENT

1. Contract Documents: This Agreement, together with the following documents, are collectively referred to herein as the “Contract Documents”:
i. Notice to Bidders;
ii. Contractor’s Bid or Proposal accepted by City;
iii. General Conditions, Supplementary Conditions, and Special Provisions of the City of Angels for Sidewalk Rehabilitation;
{CW097768.1} 2 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185
iv. Plans and detailed drawings prepared for this Project and approved by City (“Project Plans”);
v. All bonds and insurance required by the Contract Documents; vi. Any and all supplemental agreements amending, decreasing, or extending the work contemplated or which may be required to complete the work, whereby complete shall mean final acceptance by the City, NOT substantially complete; and
vii. The current edition of the City of Angels Camp Standard Specifications and Drawings.

3. Scope of Work.
(a) Services. Contractor shall perform the Services described in Exhibit A, subject to all terms and conditions in the Contract. Contractor shall not receive additional compensation for the performance of any Services not described therein.
(b) Modification. City, at any time, by written order, may make changes within the general scope of the work under this Agreement or issue additional instructions, require additional work or direct deletion of work. Contractor shall not proceed with any change involving an increase or decrease in the Contract Price, as defined in Section 4 of this Agreement, without prior written authorization from City. Contractor shall not be entitled to compensation for the performance of any such unauthorized work. Contractor further waives any and all right or remedy by way of restitution or quantum meruit for any and all extra or changed work performed without express and prior written authorization of City. Notwithstanding the foregoing, Contractor shall promptly commence and diligently complete any change to the work subject to City's written authorization issued pursuant to this Section ; Contractor shall not be relieved or excused from its prompt commencement of diligent completion of any change subject to City's written authorization by virtue of the absence or inability of Contractor and City to agree upon the extent of any adjustment to the completion schedule or Contract Price on account of such change. The issuance of a change order pursuant to this Section 3 in connection with any change authorized by City shall not be deemed a condition precedent to Contractor's obligation to promptly commence and diligently complete any such change authorized by City hereunder. City's right to make changes shall not invalidate the Contract nor relieve Contractor of any liability or other obligations under the Contract. Any requirement of notice of changes in the scope of work to Contractor’s surety shall be the responsibility of Contractor. {CW097768.1} 3 CITY CONTRACT NO. 2023-01
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(c) Specific Materials & Performance of Work. Contractor shall furnish all tools, equipment, facilities, labor, and materials necessary to perform and complete, in good workmanlike manner, the work of general construction as called for and in the manner designated in, and in strict conformity with, the plans and specifications for said work entitled, “General Conditions and Special Provisions for Sidewalk Rehabilitation.” The equipment, apparatus, facilities, labor, and material shall be furnished, and said work performed and completed as required by the Contract under the direction and supervision, and subject to the approval, of the City Engineer of or City Engineer’s designated agent.
(d) Exhibits. All “Exhibits” referred to below or attached hereto are, by this reference, incorporated into the Contract.

Exhibit Designation Exhibit Title

1. Exhibit A Scope of Services

2. Exhibit B Payment by Force Account

3. Exhibit C Workers’ Compensation Insurance Certification

4. Exhibit D Performance Bond

5. Exhibit E Payment Bond

4. Contract Price. City shall pay, and Contractor shall accept in full payment for the work set forth above in Section 3, Scope of Work, an amount not to exceed $36,500 Dollars ($36,500.00) (the “Contract Price”). Said amount shall be paid pursuant to Section 8 of this Agreement. The Contract Price may only be changed by a contract change order. The value of any work covered by a contract change order for an adjustment in the Contract Price will be determined in the sole discretion of City as follows:
(a) If the work performed is on the basis of unit prices contained in the Contract Documents, the change order will be determined in accordance with the provisions in Section 4-1.05, “Changes and Extra Work”, of the Caltrans Standard Specifications, as applicable; or (b) If the work performed is not included on the engineer’s estimate associated with a unit price, the change order will be by a mutually agreed lump sum; or (c) If the change order is not determined as described above in either subdivision (a) or (b), the change order will be determined on the basis of force account in accordance with the provisions set forth in Exhibit B, “Payment by Force Account,” attached hereto and incorporated herein by reference.

5. Time for Performance. The time fixed for the commencement of work under the Contract is within ten (10) working days after the Notice to Proceed has been issued. The work on this project, including all punch list items, shall be completed on or before the expiration of June 30, 2023 (90) working days (the “Completion Date”) beginning on the first day of work or no later than the tenth day after the Notice to Proceed has been issued.
(a) Right of City to Increase Working Days: If Contractor fails to complete the Services by the Completion Date, the City Engineer shall have the right to increase the number of working {CW097768.1} 4 CITY CONTRACT NO. 2023-01
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days in the amount the City Engineer may determine will best serve the interests of City, and if the City Engineer desires to increase said number of working days, the City Engineer shall have the further right to charge Contractor and deduct from the final payment for the work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor, and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges. No extension of time for completion of Services under the Contract shall be considered unless requested by Contractor at least twenty (20) calendar days prior to the Completion Date, in writing, to the City Engineer.

2. where the delay is caused by actions beyond the control of Contractor; or

3. where the delay is caused by actions or failure to act by the City Engineer.

Contractor shall not be entitled to an adjustment in the Completion Date for delays within the control of Contractor. Delays resulting from and within the control of a subcontractor or supplier of Contractor shall be deemed to be delays within the control of Contractor. (b) Excusable Delays. Contractor shall not be in breach of the Contract in the event that performance of Services is temporarily interrupted or discontinued due to a “Force Majeure” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, pandemic, epidemic, or explosions; natural disasters, such as floods, earthquakes, landslides, and fires; strikes, lockouts, and other labor disturbances; or other catastrophic events, which are beyond the reasonable control of Contractor. Force Majeure does not include Contractor’s financial inability to perform, Contractor’s failure to obtain any necessary permits or licenses from other governmental agencies, or Contractor’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of Contractor. If Contractor’s performance of the Services is delayed by an excusable delay, the Completion Date shall be extended for such reasonable time as determined by the City Engineer. Extensions in time must be requested by Contractor within fifteen (15) calendar days of the excusable delay in order to receive consideration. {CW097768.1} 5 CITY CONTRACT NO. 2023-01
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(c) Emergency - Additional Time for Performance - Procurement of Materials. If, because of war or other declared national emergency, the federal or state government restricts, regulates, or controls the procurement and allocation of labor or materials, or both, and if solely because of said restrictions, regulations or controls, Contractor is, through no fault of Contractor, unable to perform the Services, or the work is thereby suspended or delayed, any of the following steps may be taken:
i. City may, pursuant to resolution of the City Council, grant Contractor additional time for the performance of the Contract, sufficient to compensate in time, for delay or suspension.

If the Contract is not canceled, and the inability of Contractor to perform continues without fault on Contractor's part, beyond the time during which the Contract may have been suspended, as herein above provided, the City Council may further suspend the Contract, or either Party hereto may, without incurring any liability, elect to declare the Contract terminated upon the ground of impossibility of performance. In the event City declares this agreement terminated, such declaration shall be authorized by the City Council by resolution, and Contractor shall be notified in writing thereof within five (5) days after the adoption of such resolution. Upon such termination, Contractor shall be entitled to proportionate {CW097768.1} 6 CITY CONTRACT NO. 2023-01
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compensation at the Contract Price for such portion of the Contract as may have been performed; or
iv. City may terminate the Contract, in which case Contractor shall be entitled to proportionate compensation at the agreed rate for such portion of the Contract as may have been performed. Such termination shall be authorized by resolution of the City Council. Notice thereof shall be forthwith given in writing to Contractor, and the Contract shall be terminated upon receipt by Contractor of such notice.

In the event of the termination provided in this sub-paragraph (iv), none of the covenants, conditions or provisions hereof shall apply to the Services not performed, and City shall be liable to Contractor for the proportionate compensation last herein mentioned.
(d) Delay Damages. In the event Contractor, for any reason, fails to perform the Services to the satisfaction of the City Engineer by the Completion Date, City may, in accordance with Section 7203 of the Public Contract Code, in lieu of any other of its rights authorized by Section 6 of this agreement, deduct from payments or credits due Contractor after such breach a sum equal to TWO HUNDRED FIFTY Dollars ($250.00) for each calendar day beyond the Completion Date. This deduction shall not be considered a penalty but shall be considered as delay damages. The aforementioned rate of deduction is an amount agreed to by the Parties as reasonably representing additional construction engineering costs incurred by City if Contractor fails to complete the Services by the Completion Date. However, any deduction assessed as delay damages shall not relieve Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by a failure of the assessed Contractor to complete the Services by the Completion Date. Due account shall be taken of any time extensions granted to Contractor by City. Permitting Contractor to continue work beyond the Completion Date shall not operate as a waiver on the part of City of any of its rights under the Contract nor shall it relieve Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by a failure of the assessed Contractor to complete the Services by the Completion Date.

6. Termination.
(a) Option of City to Terminate Contract for Failure to Complete Services. If a Party should fail to perform any of its obligations hereunder within the time and in the manner herein provided, or otherwise violates any of the terms of the Contract (the “Defaulting Party”), the other Party shall give notice to the Defaulting Party and allow the Defaulting Party ten (10) days to correct such deficiency. If the Defaulting Party does not correct such deficiency, the other Party may immediately terminate the Contract by giving written notice of such termination, stating the reason for such termination. In such event, Contractor shall be entitled to receive payment for all Services satisfactorily rendered until such termination, provided, however, there shall be deducted from such amount the amount of damage, if any, sustained by virtue of any breach of the Contract by Contractor, including Delay Damages. If payment under the Contract is based upon a lump sum in total or by individual task, payment for Services satisfactorily rendered shall be an amount which bears the same ratio to the total fees specified in this Agreement as the Services satisfactorily rendered hereunder by Contractor to the total services otherwise required to be performed for such total fee, provided, {CW097768.1} 7 CITY CONTRACT NO. 2023-01
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however, that there shall be deducted from such amount the amount of damage, if any sustained by City by virtue of any breach of the Contract by Contractor. Upon termination, Contractor shall deliver copies of all Work Product, as defined in Section 19 of this Agreement, to City. If District terminates the Contract before Contractor commences any Services hereunder, City shall not be obligated to make any payment to Contractor.
(b) If Contractor should be adjudged bankrupt or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it or any of its subcontractors should violate any of the provisions of the Contract, City may serve written notice upon it and its surety of its intention to terminate the Contract. Such notice shall contain the reasons for City’s intention to terminate the Contract, and unless such violations shall cease within five (5) calendar days after serving of such notice, the Contract shall cease and terminate upon the expiration of said five (5) calendar days. In the event of any such termination, City shall immediately serve written notice thereof upon the surety and Contractor, and the surety shall have the right to take over and perform the Contract; provided however, that, if the surety does not give City written notice of its intention to take over and perform the Contract or does not commence performance thereof within thirty (30) calendar days from the date of the service of such notice, City may take over the work and prosecute the same to completion by contract or any other method it may deem advisable, for the account and at the expense of Contractor, and Contractor and its surety shall be jointly liable to City for any excess cost occasioned City thereby, and in such event City may, without liability for so doing, take possession of and utilize in completing the work, such materials, appliances, and other property belonging to Contractor as may be on the Project site and necessary thereof.

Monthly progress payments in the amount of 95 percent (95%) of the value of the work will be made to Contractor based on the Contractor’s estimate and the schedule of prices contained in the accepted {CW097768.1} 8 CITY CONTRACT NO. 2023-01
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bid. The remaining 5 percent (5%) will be retained by City as partial security for the fulfillment of the Contract except that at any time after 50 percent (50%) of the work has been completed, if the City Engineer finds that satisfactory progress is being made and the Project’s critical path of work are on schedule, City may discontinue any further retention. Such discontinuance will only be made upon the written request of Contractor. City may, at any time the City Engineer finds that satisfactory progress is not being made, again institute retention of 5 percent (5%) as specified above. Payment will be made as soon as possible after the preparation of the Contractor’s estimate. City shall pay the remaining 5 percent (5%) of the value of the Services completed under this Contract, if unencumbered by retentions for claims, not sooner than the expiration of thirty-five (35) calendar days from the date of recordation of the Notice of Completion, pursuant to Section 2 of this agreement, and not later than sixty (60) days from the “completion” of the Services as said term is defined in Public Contract Code section 7107(c).

9. Disputes Pertaining to Payment for Work: Should any dispute arise respecting the true value of any work performed, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of the Contract, such dispute shall be decided by the City Engineer, and the decision of the latter shall be final and conclusive. The Parties agree to comply with the claims resolution procedures set forth in Public Contract Code section 9204 when applicable.
(a) Claims Processing. Any submission of a claim by Contractor must comply with the requirements of Public Contract Code section 9204. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed forty-five (45) days, shall provide Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, the Parties may, by mutual agreement, extend the time period provided in this subdivision. Contractor shall furnish reasonable documentation to support the claim. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after City issues its written statement. If Contractor disputes City’s {CW097768.1} 9 CITY CONTRACT NO. 2023-01
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written response, or if City fails to respond to a claim issued pursuant to this section within the time prescribed, Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.
(b) Meet-and-Confer Conference. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, City shall schedule a meet-and-confer conference within thirty (30) days for settlement of the dispute. Within ten (10) business days following the conclusion of the meet-and-confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after the City issues its written statement. (c) Nonbinding Mediation. Any disputed portion of the claim, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with the Parties sharing the associated costs equally. The Parties shall mutually agree to a mediator within ten (10) business days after the disputed portion of the claim has been identified in writing. If the Parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject judicial review pursuant to Section 23 of this Agreement.

10. Permits and Care of Work: Contractor shall, at Contractor's expense, obtain all necessary permits and licenses for the construction of each improvement, give all necessary notices and pay all fees and taxes required by law, except those City fees set forth in Section 1 of the Special Provisions.

Contractor has examined the Project site and is familiar with its topography and condition, location of property lines, easements, building lines, and other physical factors and limitations affecting the performance of the Contract. Contractor, at Contractor's expense, shall obtain any permission necessary for any operations conducted off the property owned or controlled by City. Contractor shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance.

11. Public Works and Payment of Prevailing Wage:
(a) Monitoring and Enforcement. In accordance with the provisions of Sections 1725.5, 1771.1, 1771.3, and 1771.4 of the Labor Code, all work performed under the Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”). All work performed by Contractor or its subcontractors under the Contract is subject to the requirements of Labor Code section 1720 et seq. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public {CW097768.1} 10 CITY CONTRACT NO. 2023-01
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work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded. Contractor and its subcontractors shall furnish the records specified in Section 1776 of the Labor Code directly to the Labor Commissioner, at least monthly, in the format prescribed by the Labor Commissioner.

In accordance with the provisions of Section 1773.3 of the Labor Code, City shall provide notice to DIR of the award of this Contract within thirty (30) working days of the award. The notice shall be transmitted electronically in a format specified by DIR and shall include the name of Contractor, any subcontractor listed on the successful bid, the bid and contract award dates, the contract amount, the estimated start and completion dates, Project location, and any additional information DIR specifies that aids in the administration and enforcement of Section 1720 et seq. of the Labor Code. (b) Wages & Hours of Employment: In the performance of the Services under the Contract, eight (8) hours shall be the maximum hours of labor on any calendar day, and the minimum wages of compensation of persons performing labor in the execution of this agreement shall be the current prevailing scale of wages determined by DIR for the community. Contractor shall forfeit as penalty Twenty-five and no/100ths Dollars ($25.00) to be paid to City for each workman employed in the execution of the Contract by Contractor or its subcontractor(s), for each calendar day during which any workman is required or permitted to labor more than eight (8) hours, in violation of provisions of Labor Code section 1810 et seq. Contractor shall post prevailing wage rates at the Project no later than the first day Contractor commences performance of the Services under the Contract.

Contractor’s failure to comply with any laws, ordinances, codes, or regulations applicable to the {CW097768.1} 11 CITY CONTRACT NO. 2023-01
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performance of the Services hereunder shall constitute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail.

If a death, serious personal injury or substantial property damage occurs in connection with the performance of the Contract, Contractor shall immediately notify City's risk manager by telephone.

If any accident occurs in connection with the Contract, Contractor shall promptly submit a written report to City, in such form as City may require. This report shall include the following information:
(a) name and address of the injured or deceased person(s); (b) name and address of Contractor’s subcontractor, if any; (c) name and address of Contractor’s liability insurance carrier; and (d) a detailed description of the accident, including whether any of City's equipment, tools, or materials were involved.

The surety companies shall familiarize themselves with all provisions and conditions of the Contract.

17. Indemnification:
{CW097768.1} 12 CITY CONTRACT NO. 2023-01
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(a) Indemnity for Professional Liability. When the law establishes a professional standard of care for Contractor’s Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers (“City’s Agents”) from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent Contractor or its subcontractors are responsible for such damages, liabilities and costs on a comparative basis of fault between Contractor or its subcontractors and City in the performance of professional services under the Contract. Contractor shall not be obligated to defend or indemnify City for City’s own negligence or for the negligence of others. (b) Indemnity for other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and any and City’s Agents from and against any liability, including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of the Contract by Contractor or by any individual or agency for which Contractor is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Contractor.

Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of the Contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to City. (a) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000) per occurrence, Four Million Dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including, without limitation, blanket contractual liability and coverage for explosion, collapse, and underground property damage hazards. Contractor’s general liability policies shall be primary and not seek contribution from City’s coverages and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. The policy shall contain, or be endorsed to contain, the following provisions:
{CW097768.1} 13 CITY CONTRACT NO. 2023-01
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(1) City, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work or operations, which coverage shall be maintained in effect for at least three (3) years following the completion of the work specified in the Contract. General liability coverage can be provided in the form of an endorsement to Contractor’s insurance (at least as broad as CG 20 10 for ongoing operations and CG 20 37 for products/completed operations), or as a separate Owners and Contractors Protective Liability policy providing both ongoing operations and completed operations coverage.
(2) For any claims related to the Project, Contractor’s insurance coverage shall be primary insurance as respects City and any insurance or self-insurance maintained by City shall be excess of Contractor’s insurance and shall not contribute with it.
(3) In the event of cancellation, non-renewal, or material change that reduces or restricts the insurance coverage afforded to City under the Contract, the insurer, broker/producer, or Contractor shall provide City with thirty (30) days’ prior written notice of such cancellation, non-renewal, or material change. (4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
(b) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least One Million Dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
(c) Auto Insurance. Contractor shall provide auto liability coverage for owned, nonowned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than Two Million Dollars ($2,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy. (d) Builder’s Risk Insurance. Upon commencement of construction and with approval of City, Contractor shall obtain and maintain Builder’s Risk/Course of Construction insurance. The policy shall be provided for replacement value on an "all-risk" basis. City shall be named as Loss Payee on the policy and there shall be no coinsurance penalty provision in any such policy. The policy must include: (1) coverage for removal of debris and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures, and all other properties constituting a part of the project; (2) coverage with limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site, whether provided from within a Builder’s Risk policy or through the addition of an Installation Floater. Such insurance shall be on a form acceptable to City {CW097768.1} 14 CITY CONTRACT NO. 2023-01
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to ensure adequacy of terms and limits. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City. (e) Contractors Pollution Insurance. Pollution Coverage shall be provided on a Contractors Pollution Liability form, or other form acceptable to City, providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than One Million Dollars ($1,000,000) per claim. All activities contemplated in the Contract shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.
(f) Professional Liability Insurance. When applicable, Contractor shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with the Contract, in the minimum amount of One Million Dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by the Contract.
(g) Deductibles and Self-Insured Retentions. Upon request of City, any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City and City’s Agents; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. (h) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.

19. Ownership of Work Product: Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes, professional or technical information or data, photographs, notes, letters, emails, or any original works of authorship created by contractor or its subcontractors or subcontractors in connection with Services performed under the Contract (“Work Product”) shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event that it is ever determined that any Work Product created by Contractor or its subcontractors or subcontractors under the Contract are not works for hire under U.S. law, Contractor hereby assigns all copyrights to such Work Product to City. With the prior written approval of the City Engineer, Contractor may retain and use copies of such Work Product for reference and as documentation of its experience and capabilities.

21. Independent Contractor: At all times during the Term of the Contract, Contractor shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Contractor performs the Services required under the Contract. Contractor shall be liable for its acts and omissions, and those of its employees, contractors, subcontractors, representatives, volunteers, and its agents. Nothing contained herein shall be construed as creating an employment, agency, or partnership relationship between City and Contractor. City shall have the right to control Contractor only insofar as the result of Contractor’s Services rendered pursuant to the Contract; however, City {CW097768.1} 16 CITY CONTRACT NO. 2023-01
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shall not have the right to control the means by which Contractor accomplishes Services rendered pursuant to the Contract.

22. Contractor Not Agent: Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Contractor shall have no authority, express or implied, pursuant to the Contract to bind City to any obligation whatsoever.

In addition to the other rules of law which may be applicable to any arbitration hereunder, the following shall apply:
(a) Promptly upon the filing of the arbitration, each Party shall be required to set forth in writing and to serve upon each other Party a detailed statement of its contentions of fact and law. (b) All Parties to the arbitration shall be entitled to the discovery procedures provided under Section 1283.05 of the California Code of Civil Procedure. (c) The arbitration shall be commenced and conducted as expeditiously as possible consistent with affording reasonable discovery as provided herein. {CW097768.1} 17 CITY CONTRACT NO. 2023-01
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(d) These additional rules shall be implemented and applied by the arbitrator.

All administrative remedies required under Section 9 of this Agreement or pursuant to Public Contract Code section 9204, or required by any other law, shall be exhausted prior to commencement of any arbitration under this Section 23.

24. Provisions Cumulative: The provisions of the Contract are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City.

If to City: City of Angels
Attn: City Administrator
200 Monte Verde Street, Suite B
Angels Camp, CA 95222
With courtesy copies to: Churchwell White LLP
Attn: Douglas L. White, City Attorney
1414 K Street, 3rd Floor
Sacramento, CA 95814
If to Contractor: _____________________
_____________________
_____________________
If to Contractor’s Sureties: _____________________
_____________________
_____________________
_____________________

26. Interpretation: As used herein, any gender includes each other gender, the singular includes the plural and vice versa.

29. No Conflict of Interest: Contractor represents that no conflict of interest will be created under state or federal law by entering into or in carrying out the Contract.

31. Modification. No alteration, amendment, modification, or termination of the Contract shall be valid unless made in writing and executed by all Parties to the Contract.

35. Governing Law: The Contract shall be governed and construed in accordance with the laws of the state of California.

36. Venue: Venue for all legal proceedings shall be in the Superior Court of California, in and for the County of Calaveras.
{CW097768.1} 19 CITY CONTRACT NO. 2023-01
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37. Severability: If the Contract in its entirety is determined by an arbitrator or a court of competent jurisdiction to be invalid or unenforceable, the Contract shall automatically terminate as of the date of final entry of judgment. If any provision of the Contract shall be determined to be invalid and unenforceable, or if any provision of the Contract is rendered invalid or unenforceable according the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

38. Counterparts: This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original but together shall constitute one and the same instrument.

39. Mandatory and Permissive: “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.

40. Headings: Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

42. Necessary Acts and Further Assurances: The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of the Contract. [Signatures on Following Page]
{CW097768.1} 20 CITY CONTRACT NO. 2023-01
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IN WITNESS WHEREOF, three identical counterparts of this agreement, consisting of a total of ___ pages, each of which counterparts shall for all purposes be deemed an original of said agreement, have been duly executed by the parties hereinabove named, on the day and year first herein above written.

EXHIBIT A

SCOPE OF SERVICES
1) Mobilization/ Demobilization $5,000.00
2) Site Demolition $10,800.00
3) Site Griding $4,500.00
4) Forming $5,400.00
5) Pouring and Finishing $10,800.00
Total: $36,500.00
{CW097768.1} 22 CITY CONTRACT NO. 2023-01
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EXHIBIT B

1. Employer payment to the worker for:

1.1 Basic hourly wage

1.2 Health and welfare

1.3 Pension

1.4 Vacation

1.5 Training

1.6 Other State and federal recognized fringe benefit payments

2. Labor surcharge percentage in Labor Surcharge and Equipment Rental Rates current during the work paid at force account for:

2.1 Workers' compensation insurance

2.2 Social security

2.3 Medicare

2.4 Federal unemployment insurance

2.5 State unemployment insurance

2.6 State training taxes

3. Subsistence and travel allowances paid to the workers

4. Employer payment to supervisors, if authorized
The 5 percent (5%) markup consists of payment for all overhead costs related to labor but not designated as costs of labor used in the direct performance of the work including:
(a) Home office overhead
(b) Field office overhead
(c) Bond costs
{CW097768.1} 23 CITY CONTRACT NO. 2023-01
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(d) Profit
(e) Labor liability insurance
(f) Other fixed or administrative costs that are not costs of labor used in the direct performance of the work
B. Materials. Material payment is full compensation for materials the Contractor furnishes and uses in the work. The City Engineer determines the cost based on the material purchase price, including delivery charges, except:

1. A 5 percent markup is added;

2. Supplier discounts are subtracted whether the Contractor takes them or not;

3. If the City Engineer believes the material purchase prices are excessive, City pays the lowest current wholesale price for a similar material quantity;

4. If Contractor procured the materials from a source Contractor wholly or partially own, the determined cost is based on the lower of the:

4.1 Price paid by the purchaser for similar materials from that source on Contract items; and

4.2 Current wholesale price for those materials;
5 If Contractor does not submit a material cost record within thirty (30) days of billing, the determined cost is based on the lowest wholesale price:

5.1 During that period

5.2 In the quantities used
C. Equipment Rental. Equipment rental payment is full compensation for:

1. Rental equipment costs, including moving rental equipment to and from the change order work site using its own power.

2. Transport equipment costs for rental equipment that cannot be transported economically using its own power. No payment is made during transport for the transported equipment.

3. 5 percent markup.

Before moving or loading the equipment, Contractor must obtain authorization for the equipment rental's original location.
{CW097768.1} 24 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185
The City Engineer determines rental costs:

1. Using rates in Labor Surcharge and Equipment Rental Rates:

1.1. By classifying equipment using manufacturer's ratings and manufacturerapproved changes.

1.2. Current during the work paid by force account.

1.3. Regardless of equipment ownership but City uses the rental document rates or minimum rental cost terms if:

1.3.1. Rented from equipment business Contractor does not own.

1.3.2. The Labor Surcharge and Equipment Rental Rates hourly rate is $10.00 per hour or less.

2.1. Rented from equipment business Contractor does not own.

2.2. The City Engineer establishes a rate of $10.00 per hour or less.

3. Using rates for transport equipment not exceeding the hourly rates charged by established haulers.

Equipment rental rates include the cost of:

1. Fuel 7. Repairs and maintenance

2. Oil 8. Depreciation

3. Lubrication 9. Storage

4. Supplies 10. Insurance

5. Small tools that are not consumed by use 11. Incidentals

6. Necessary attachments
City pays for small tools consumed by use. The City Engineer determines payment for small tools consumed by use based on Contractor-submitted invoices.

The City Engineer may authorize rates in excess of those in the Labor Surcharge and Equipment Rental Rates if:

1. Contractor submits a request to use rented equipment

2. Equipment is not available from Contractor’s normal sources or from one of Contractor’s subcontractors

3. Rented equipment is from an independent rental company

4. Proposed equipment rental rate is reasonable

5. The City Engineer authorizes the equipment source and the rental rate before Contractor uses the equipment
{CW097768.1} 25 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185
D. Equipment on the Job Site. For equipment on the job site at the time required to perform work paid by force account, the time paid is the time:

2. To load and unload equipment

3. Equipment is operated to perform work paid by force account and:

3.1. Hourly rates are paid in 1/2-hour increments

The minimum total time paid is:

1. 1 day if daily rates are paid

2. 8 hours if hourly rates are paid
If daily rates are recorded, equipment:

1. Idled is paid as 1/2 day

2. Operated four (4) hours or less is paid as 1/2 day

The table does not apply when equipment is not operated due to breakdowns, in which case rental hours are the hours the equipment was operated.

Equipment Rental Hours
Hours
operated
Hours
paid

0.0 4.00

0.5 4.25

1.0 4.50

1.5 4.75

2.0 5.00

2.5 5.25

3.0 5.50

3.5 5.75

4.0 6.00
{CW097768.1} 26 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185

4.5 6.25

5.0 6.50

5.5 6.75

6.0 7.00

6.5 7.25

7.0 7.5

1. To move the equipment to the location of work paid by force account plus an equal amount of time to return the equipment to its source when the work paid by force account is completed

2. To load and unload equipment

When extra work to be paid for on a force account basis is performed by a subcontractor, an additional markup of 2 percent (2%) will be added to the total cost of that extra work including all markups specified in this Section. The additional 2 percent (2%) markup shall reimburse Contractor for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a subcontractor.
{CW097768.1} 27 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Pursuant to Section 18(b) of the Agreement, Contractor certifies as follows:

Signed: Date:
(Typed or Printed Name)
Business Address (Street Address, City, State & Zip Code):

Business Phone: ( )
{CW097768.1} 28 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Angels Camp, State of California, has awarded to _________________________, hereinafter designated as the “Principal,” a contract for Project No. __-___, “____________________________”; and,
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.

The City of Angels Camp reserves the right to refuse use of any Contractor assigned by any surety to complete the work.
[Signatures on Following Page]
{CW097768.1} 29 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their seals this __________ day of _______________, 20__, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Corporate Seal) Principal
By
Title
(Attach Notarial Acknowledgment)
(Corporate Seal) Surety
Address
Phone No.: ( ) Fax No.: ( )
By
Attorneys-in-Fact
Title
(Attach Notarial Acknowledgment)
NOTE TO SURETY COMPANY: There must be submitted a certified copy of unrevoked resolution of authority for the attorneys-in-fact.
(Seal) Witness
Approved as to form:

Risk Manager
{CW097768.1} 30 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Angels Camp, a municipal corporation, has awarded to ___________________, hereinafter designated as the “Principal”, a contract for Project No. __-___, “____________________________”; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure payment of claims of laborers, mechanics, or materialmen employed on work under said contract, as provided by law.

Said Surety, for value received, hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Special Provisions, and other Contract Documents, no change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed there under, or to the specifications accompanying the same, shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the specifications. [Signatures on Following Page]
{CW097768.1} 31 CITY CONTRACT NO. 2023-01
CITY PROJECT NO. 52185-52185
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their seals this ___________ day of ________________, 20__, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Corporate Seal) Principal
By
Title
(Attach Notarial Acknowledgment)
(Corporate Seal) Surety
Address
Phone No.: ( ) Fax No.: ( )
By
Attorneys-in-Fact
Title
(Attach Notarial Acknowledgment)
NOTE TO SURETY COMPANY: There must be submitted a certified copy of unrevoked resolution of authority for the attorneys-in-fact.
(Seal) Witness
Approved as to form:

Risk Manager

SUBCOMMITTEE

RECOMMENDATION
Approve an action to appoint a Council Member and an alternate to sit on the All-Hazards Subcommittee

BACKGROUND
A subcommittee to work with Interwest is needed for the All Hazards Planning codes update project.

DISCUSSION
The City was awarded a grant to prepare an All Hazards planning code update. City Council awarded the contract to Interwest. Part of the workplan is to define a subcommittee and this includes a Planning Commissioner and a City Council Member, in addition to staff.

Meetings will occur on the second Tuesday of each month at 1 PM via Teams or Zoom.

FINANCIAL IMPACT
None

ATTACHMENTS
None

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
DATE: February 7, 2022
TO: City Council
FROM: Rose Beristianos, City Clerk
RE: DISCUSSION AND DIRECTION ON COUNCIL CALENDAR FOR THE MONTH OF JULY AND NOVEMBER 2023.

RECOMMENDATION
Discussion with Council

DISCUSSION
City Council regular meeting dates are the first and third Tuesday of every month.

For this year, 2023 the following months, July and November need to be reviewed by the Council. In July, the first Tuesday is the 4th of July holiday and for the month of November, the second Tuesday is, close to the Thanksgiving Holiday.

Council can choose to cancel both the July 4th and November 21, 2023, meetings and call an additional meetings in other months should they be deemed necessary

FINANCIAL IMPACT
None

ATTACHMENTS
July Calendar
November Calendar
July 2023
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 25 26 27 28 29 30 1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31 1 2 3 4 5
© Calendar-12.com
August 2023
Su Mo Tu We Th Fr Sa
30 31 1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31 1 2

HOLIDAY
Council Meeting
Council Meeting
November 2023
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 29 30 31 1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 1 2
© Calendar-12.com
December 2023
Su Mo Tu We Th Fr Sa
26 27 28 29 30 1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31 1 2 3 4 5 6
Council
Meeting
Council
Meeting
Thanksgiving

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
DATE: February 7, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: APPROVE RESOLUTION 23-17 ADOPTING THE CITY OF ANGELS STRATEGIC PLAN.

RECOMMENDATION
Approve Resolution 23-17 adopting the City of Angels Strategic Plan

BACKGROUND
Citygate has prepared a draft of the Strategic Planning and Facilitation Assistance document based on the input and feedback from months of public and City collaboration.

DISCUSSION
One of the first items on my To-Do list when hired as the City Administrator on February 7, 2022, was the evaluation and determination of the next steps on the City Strategic Plan. One year later, it is with pride and happiness that we can unveil the Draft Strategic Planning and Facilitation Assistance document.

City of Angels Camp Vision Statement
Dedicated to preserving our rich history, providing a safe and thriving community that is devoted to families, businesses, and visitors.

City of Angels Camp Mission Statement
To provide municipal services, infrastructure, and a high quality of life through trusted leadership, accountability, and efficiency for the benefit of our community.

The Vision identifies where we want to go, whereas the Mission identifies what we do.

While this may seem like such a simple task to identify, Council and staff took time to consider really where and what. This gave us impassioned and honest statements that can live well beyond the current Council and Staff well into the future and help guide our decisions and actions to align with those statements.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
There are many recommendations that I could not argue with. I came to the same conclusions in my first week of starting with the City, and it will take time and focus, but our staff is fully capable of contributing and carrying out those recommendations to fruition.

City of Angels Camp Primary Guiding Priorities
♦ Fiscal Stability
♦ Economic Development
♦ Technology
♦ Infrastructure
♦ Public Safety
City of Angels Camp Values
♦ Efficiency
♦ Accountability
♦ Resiliency
♦ Proactivity
♦ Trust
♦ Innovation
Once adopted, this draft shows the public and staff what our direction will be over the next fiscal year and assures everyone that while a goal may have yet to be put in year one, we can point to where it will be, not forgotten.

Accountability will be paramount to success. The City Administrator will be working with staff to ensure that happens and that all staff understands their part in that success.

FINANCIAL IMPACT
The inclusion of priorities will be contemplated in Fiscal Year 2023/24 budget. Many items concerning technology have been included in the current fiscal year budget.

ATTACHMENTS
Draft of the Strategic Planning and Facilitation Assistance document Resolution 23-17 Adoption of the City of Angels Strategic Plan

City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Table of Contents page i

TABLE OF CONTENTS
Section Page
Executive Summary ......................................................................................................................................................1 High-level Fiscal Review ........................................................................................................................... 2 Strategic Planning Process Outcomes........................................................................................................ 2 Vision Statement............................................................................................................................ 3 Mission Statement......................................................................................................................... 3 Primary Guiding Priorities............................................................................................................. 3 Values ........................................................................................................................................... 3 Strategic Planning Objectives........................................................................................................ 3 Section 1—Introduction................................................................................................................................................5

1.1 Project Scope ................................................................................................................................. 5

1.2 Project Methodology and Analyses............................................................................................... 6

1.2.1 High-Level Fiscal Review................................................................................................. 6 Section 2—Strategic Plan Development Process......................................................................................................14

2.1 Process Used by Citygate to Develop Strategic Plan .................................................................. 16 Section 3—Strategic Planning Workshop Outcomes...............................................................................................17

3.1 Community and Employee Surveys ............................................................................................ 17

3.1.1 Community Survey ......................................................................................................... 17

3.1.2 Employee Survey ............................................................................................................ 21

3.1.3 Mutual Survey Response Priorities................................................................................. 24

3.2 Vision/Mission Statements, Values and Primary Guiding Priorities........................................... 25

3.2.1 Vision Statement............................................................................................................. 25

3.2.2 Mission Statement........................................................................................................... 25

3.2.3 Values.............................................................................................................................. 26

3.3 Strategic Planning Objectives...................................................................................................... 27

3.4 Strategic Planning Implementation, Monitoring, Updating, and Reporting................................ 30 Section 4—Draft Strategic Plan Document Template .............................................................................................33 Section 5—Summary of Recommendations..............................................................................................................34 Table of Tables
Table 1—Angels Camp Financial Summary – All Funds ............................................................................................. 7 Table 2—Angels Camp Financial Summary – General Fund ....................................................................................... 9 Table 3—FY23 Priority Goals/Objectives................................................................................................................... 28 Table of Figures
Figure 1—FY23 Budgeted Expenditures by Fund Type ............................................................................................... 8 Figure 2—General Fund Tax Revenue by Category.................................................................................................... 10 Figure 3—Living Arrangement of Community Respondents...................................................................................... 17 Figure 4—Years Living in Angels Camp .................................................................................................................... 18 Figure 5—General Work-Related Information Regarding Respondents..................................................................... 18 City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Table of Contents page ii
Figure 6—Respondent Commuting Status................................................................................................................... 19 Figure 7—Preferred Communication Medium of Respondents .................................................................................. 21 Figure 8—Job Function of Respondents...................................................................................................................... 22 Figure 9—Tenure of Respondents............................................................................................................................... 22 Appendices
Appendix A—City of Angels Camp Community Survey Summary Appendix B—City of Angels Camp Employee Survey Summary
Appendix C—General Plan Document Goal Verification Worksheet (Provided Digitally) Appendix D—Goal Prioritization Monitoring Matrix Template (Provided Digitally) Appendix E—Sample Policies and Procedures Template (Provided Digitally) City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Executive Summary page 1

EXECUTIVE SUMMARY
Citygate Associates, LLC (Citygate) is pleased to once again serve the City of Angels Camp (City) by presenting this Final Report for Strategic Planning and Facilitation Assistance. The City has experienced several staff changes since Citygate completed its last project for the City in 2020.

These changes include a new City Council, a new City Administrator, and a new Finance Director.

In addition to the impacts of the COVID-19 pandemic, these changes make the City’s decision to complete a strategic planning process timely and wise.

The scope of Citygate’s work included:
◆ Extensive document and information review, as well as interviews with Councilmembers and staff, to gauge current operational efficiency and identify any additional issues and opportunities.
◆ Development of community and staff surveys to assist in identifying general and operational issues/priorities and the associated development of Council priorities. ◆ Reviewing the City’s current fiscal condition at a high level to identify present opportunities and challenges.
◆ Completing a full-day, comprehensive, on-site public workshop with Council and staff to develop a five-year strategic plan.
◆ Assistance with developing a five-year strategic plan document.

The primary purpose of the City, as is the case with all municipalities, is to focus efforts and budgets on that which benefits the community. Strategic planning helps to meet this overarching purpose. Strategic planning is defined as “the process by which the guiding members of an organization envision its future and develop the necessary procedures and operations to achieve that future.”1
The strategic planning process used for the workshop was based on similar strategic planning processes used by Citygate in other jurisdictions, tailored to meet the City’s operational environment. The process began with the review of the requested operational documents provided by the City. Based on this review and other pertinent research, interviews were conducted with Council and staff to fine tune Citygate’s understanding of current operations. Citygate then developed, with City assistance, community and employee surveys to identify service satisfaction, priorities, and strengths, weaknesses, opportunities, and threats as seen by the community and City employees. The surveys were made available to the community and employees over an 1 Nolan, Timothy M., Leonard D. Goodstein, and Jeannette Goodstein. Applied Strategic Planning, An Introduction.

John Wiley and Sons, Inc. San Francisco. 2008.

City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Executive Summary page 2
approximately 60-day period. Citygate received 234 community responses and 21 employee responses. The responses were presented to Council and staff during the strategic planning workshop and were used by the Council and staff to complete the strategic planning process. These surveys are discussed in Section 3 of this report and complete survey summaries are provided in Appendix A and Appendix B.

HIGH-LEVEL FISCAL REVIEW
Citygate also conducted a high-level fiscal review to identify major fiscal issues impacting the strategic planning process. The total Citywide FY23 budgeted expenditures totaled approximately $14.9 million, with anticipated revenues of approximately $16.4 million, resulting in an estimated Citywide operating surplus of approximately $1.5 million. The FY23 Citywide budgeted revenue is approximately 8.2 percent above prior year unaudited actual revenues, due primarily to success in solicitation and receipt of various grants. The Citywide budgeted expenditures are approximately 5.7 percent above actual prior year unaudited expenditures, due primarily to estimated capital and other one-time expenditures to improve Citywide operational efficiencies.

Approximately $5 million of the approximately $16.4 million budgeted revenue and approximately $5.4 million of the approximately $14.9 budgeted expenditure for FY23 pertain to the General Fund. Per staff, the anticipated General Fund operating deficit will be addressed using available reserves or fund balance in the General Fund. The City had an estimated FY22 unaudited, unassigned fund balance reserve in the General Fund of approximately $4.5 million. At the end of FY23, General Fund unassigned fund balance reserves are estimated to be approximately $4.1 million, or approximately 75 percent of General Fund expenditures. This equates to more than nine months of estimated annual expenditures, which places the City’s General Fund in a fairly strong financial position.

STRATEGIC PLANNING PROCESS OUTCOMES
Based on the community and employee surveys, the top five mutual priorities include the following.
◆ New Development
◆ Community/Affordable Housing Programs
◆ New Businesses and Business Friendly
◆ New/Improving Parks
◆ City Infrastructure Upkeep (Utilities, Streets, Landscape) City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Executive Summary page 3
The strategic planning workshop structure consisted of a presentation defining the strategic planning process and high-level fiscal review, in addition to various interactive exercises. Based on the workshop, the City finalized the following Strategic Plan elements.

Vision Statement
Dedicated to preserving our rich history, providing a safe and thriving community that is devoted to families, businesses, and visitors.

Mission Statement
To provide municipal services, infrastructure, and a high quality of life through trusted leadership, accountability, and efficiency for the benefit of our community.

Primary Guiding Priorities
• Fiscal Stability
• Economic Development
• Technology
• Infrastructure
• Public Safety
Values
• Efficiency
• Accountability
• Resiliency
• Proactivity
• Trust
• Innovation
Strategic Planning Objectives
Identifying appropriate and effective strategic objectives is an extremely time extensive process.

To meet the time constraints of this project, Citygate used the existing objective/goals identified in the City’s General Plan, which was updated November 2021. Indeed, the City had already exhaustively developed objectives/goals through extensive research and community and staff input as required by the State. Citygate summarized the General Plan objectives/goals in an Excel spreadsheet and assisted the Council in prioritizing them for the next five-year period via three tiers. The tiers included:
◆ Tier 1 Urgent – The highest maximum priority, which should be completed within the first quarter of the year
City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Executive Summary page 4
◆ Tier 2 High Priority – Should be completed within the second or third quarter of the year.
◆ Tier 3 Medium/Low Level “Normal” Priority – Should be complete by the end of the year.

Out of the 64 General Plan goals/objectives presented at the workshop, Council and staff identified 20 goals/objectives to be completed in the first year of the strategic plan. For the purposes of this report, Citygate assumes the first year to be FY23. The goals/objectives are listed in Section 3.

A critical component of effective strategic planning is the implementation, monitoring, updating, and reporting process. A major hinderance to successful strategic planning is the lack of follow through once the strategic plan has been developed. Consequently, a matrix should be established to help monitor the objective of the strategic plan. Examples of items which should be included in the matrix include the following:
◆ Revenue allocation – Yes or no and, if yes, define the source(s) ◆ Fiscal Impact – Yes or no and, if yes, dollar impact, funding source, etc. ◆ Specific action items (tasks) necessary to achieve the objective; should be five or less
◆ Responsible department(s)
◆ Responsible lead(s)
◆ If extension is required (including why, with a new date) ◆ Whether it is a multi-year/ongoing objective
◆ When the task or objective was complete (and whether it was on time) ◆ Notes
These matrix and task components were not included in the scope of this project due to the time that would be required and the complexity of development of an effective implementation plan. If desired, Citygate can provide a proposal to assist the City to complete an effective implementation plan.

To assist with the responsibility component of the strategic plan, per the project scope, Citygate has provided Appendix D, a monitoring and responsibility template, which could be used to help structure the preliminary monitoring component.

Overall, Citygate identified seven recommendations, which are listed throughout this report and compiled in Section 5.

City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Section 1—Introduction page 5
SECTION 1—INTRODUCTION
In May 2022, Citygate Associates, LLC (Citygate) was hired by Angels Camp (City) to provide strategic planning and facilitation assistance for the development of a five-year strategic plan. This introductory section discusses the project scope, the methodology, and analyses used by Citygate to complete the project. The remaining sections of the report include:
◆ Section 2—Strategic Plan Development Process
◆ Section 3—Strategic Planning Workshop Outcomes
◆ Section 4—Draft Strategic Plan Document Template
◆ Section 5—Summary of Recommendations
Applicable findings and recommendations are reflected this report.

1.1 PROJECT SCOPE
The following outlines the general scope of the project:

Completion of an orientation meeting by videoconference to ensure common understanding of the project and tasks.
◆ Extensive document and information review, as well as interviews with Councilmembers and staff, to gauge current operational efficiency and identify any additional issues and opportunities.
◆ Development of community and staff surveys to assist in identifying general and operational issues/priorities and the associated development of Council priorities. ◆ Reviewing the City’s current fiscal condition at a high level to identify present opportunities and challenges.
◆ Completing a full-day, comprehensive, on-site public workshop with Council and staff to develop a five-year strategic plan.
➢ Defining strategic planning, including benefits and pitfalls ➢ Presenting and discussing community and staff input from surveys ➢ Presenting a high-level fiscal review of the City
➢ Developing vision and mission statements for the City ➢ Identifying values embraced by the City
City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Section 1—Introduction page 6
➢ Identifying core Council priorities
➢ Identifying and prioritizing City strategic goals
◆ Assistance with developing a five-year strategic plan document. ➢ Assistance with identifying tasks and responsibility assignments to achieve established strategic goals and objectives
➢ Assistance with developing a process to monitor task completion and identify necessary revisions, including an updating process Citygate provides a Goal Verification Worksheet template which incorporates the items approved by Council at the workshop as Appendix C. A more comprehensive implementation plan, including specified tasks, timelines, success metrics, etc., is outside the scope of this project. If desired, Citygate can provide a proposal to assist the City to complete an effective implementation plan.

1.2 PROJECT METHODOLOGY AND ANALYSES
Citygate reviewed numerous requested documents provided by the City, interviewed all members of the City Council, the City Administrator, and the department head or acting department head from planning, fire, police, public works, and finance. Citygate also researched strategic plans and operations of similarly sized agencies to develop an effective strategic planning workshop structure that would not overwhelm the Council; this was the first structured strategic planning process for the relatively new Council. Citygate found the Council in general agreement regarding strengths in the City and areas where improvements are needed.

1.2.1 High-Level Fiscal Review
The City contains a population of approximately 3,700, per the California Department of Finance 2022 population estimate, with 38 FTEs providing municipal services, which include police, fire, public works, planning, general administration, etc., not unlike other similarly sized cities. These services are supported by a total (all funds) FY23 expenditure budget of approximately $14.9 million and revenues of approximately $16.4 million, resulting in an estimated Citywide operating surplus of approximately $1.5 million. The FY23 Citywide budgeted revenue is approximately 8.2 percent above prior year unaudited actual revenues, due primarily to success in solicitation and receipt of various grants. The Citywide budgeted expenditures are approximately 5.7 percent above actual prior year unaudited expenditures, due primarily to estimated capital and other onetime expenditures to improve Citywide operational efficiencies. This information, along with summarized historical financial activity for other fiscal years, is reflected in the following table.

The prior year (FY22) comparison information is based on unaudited financial data provided by City staff because the annual audit had not been completed as of the writing of this report. Based City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Section 1—Introduction page 7
on discussions with staff, the City has experienced issues related to high turnover in the Finance Department, which has resulted in late and potentially inaccurate identification and reporting of financial information in the past few years. The current Finance Director has only been with the City since May 2022 and is still getting acclimated to City finances. This situation required the City Administrator, who was also relatively new, to take the lead role in compilation of the FY23 budget document. Turnover issues such as those experienced by the City are one of the primary factors that make technology extremely important to ensure the timeliness and accuracy of critical financial activity reporting and should be a high priority for the City. Citygate has discovered that a significant investment in technology has only recently (FY23 budget) been identified. Citygate recommends that the technology update plans be implemented as soon as possible.

Table 1—Angels Camp Financial Summary – All Funds
Financial Component
FY19
Actual
FY20
Actual
FY21
Actual
FY22 Actual
(Unaudited)
FY23
Budget
Tax Revenue $2,852,711 $3,186,688 $4,078,016 $4,060,721 $4,201,500 All Other Revenues $7,367,705 $7,561,434 $9,644,941 $11,113,221 $12,214,163 Total Revenues $10,220,416 $10,748,122 $13,722,957 $15,173,942 $16,415,663 Expenditures $8,802,065 $9,524,450 $11,388,917 $14,078,762 $14,875,089 Net Operating
Income/(Loss) $1,418,351 $1,223,672 $2,334,040 $1,095,180 $1,540,574 Ending Total Fund Balance
/ Retained Earnings $23,567,691 $24,831,322 $19,804,816 $20,899,996 $22,440,570 Ending Unassigned Fund
Balance /Retained
Earnings
$8,396,310 $9,124,627 $7,863,339 $8,958,519 $10,499,093 Unrestricted Cash Balance
(Excluding Agency Funds) $11,731,647 $12,735,118 $15,670,921 $16,766,101 $18,306,675 Source: Actuals per ACFR; budget per budget document; population DOF E-5 (FY23 est.) City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Section 1—Introduction page 8
The following figure is a breakdown of the FY23 budget by fund type.

Figure 1—FY23 Budgeted Expenditures by Fund Type
Approximately $5 million of the approximately $16.4 million budgeted revenue and approximately $5.4 million of the approximately $14.9 budgeted expenditure for FY23 pertain to the General Fund. Per staff, the anticipated General Fund operating deficit will be addressed using available reserves or fund balance in the General Fund. The City had an estimated FY22 unaudited, unassigned fund balance reserve in the General Fund of approximately $4.5 million, shown in the following table. Unassigned fund balance reserves represent funds available for emergencies and other priorities of the City. Best practice dictates that unassigned fund balance reserves be used for one-time and/or strategic priorities and not ongoing operations. At the end of FY23, General Fund unassigned fund balance reserves are estimated to be approximately $4.1 million, or approximately 75 percent of General Fund expenditures. This equates to more than nine months of estimated annual expenditures. Although the appropriate level of General Fund reserves is determined by several factors, including a risk assessment of the agency, as a best practice, the Government Finance Officers Association (GFOA) recommends that agencies maintain at least 17 percent of annual General Fund revenues or expenditures as an unassigned fund balance reserve. This would represent approximately two months of annual activity.2 Per, PFM, a financial advisor firm, Moody’s rating agency generally looks for a General Fund unassigned fund balance level of 2 https://www.gfoa.org/materials/fund-balance-guidelines-for-the-general-fund City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Section 1—Introduction page 9
between 15 percent and 30 percent to support an Aa rating.3 Consequently, this places the City’s General Fund in a fairly strong financial position at this time. This is a major financial improvement over its financial condition during the fiscal analysis performed by Citygate in 2018, even with the adverse impacts of COVID-19.

FY23 General Fund revenues are relatively flat when compared to the prior year, due primarily to revenue increases resulting from sales and property taxes being offset by ARPA funds, which were received in the prior year and are not repeating in FY23. General Fund FY23 estimated expenditures are approximately $781,000, or 16.8 percent higher than the prior year’s unaudited actual total, due primarily to additional one-time funding being provided for areas such as city hall renovations, technology upgrades necessary to improve overall operational efficiency, and consultant services necessary for various capital projects completion. The use of unassigned fund balance reserves for these types of one-time expenses is considered a best practice.

Table 2—Angels Camp Financial Summary – General Fund
Financial Component
FY19
Actual
FY20
Actual
FY21
Actual
FY22 Actual
(Unaudited)
FY23
Budget
Tax Revenue $2,251,584 $2,671,924 $3,667,367 $3,584,342 $3,344,000 All Other Revenues $1,800,172 $1,695,623 $1,802,968 $1,466,708 $1,696,344 Total Revenues $4,051,756 $4,367,547 $5,470,335 $5,051,051 $5,040,344 Expenditures $3,512,961 $3,883,398 $3,502,948 $4,637,720 $5,418,957 Net Operating Income/(Loss) $538,795 $484,149 $1,967,387 $413,331 $(378,613) Ending Total Fund Balance $2,126,384 $2,610,530 $4,577,916 $4,991,247 $4,612,634 Ending Unassigned Fund Balance $1,632,942 $2,041,181 $4,040,200 $4,453,531 $4,074,918 Unrestricted Cash Balance (Excluding
Agency Funds) $1,727,552 $1,917,715 $3,715,567 $4,128,898 $3,750,285 The following figure reflects the tax revenue sources collected in the General Fund. The increases in sales taxes between fiscal years 2020 and 2021 represents the approval of a ½-cent sales tax increase by the voters and a two-percent increase in the transient occupancy tax (TOT) also approved by the voters. The decline in TOT estimated for FY23 consists primarily of a change from prior years of the allocation methodology implemented by the City, which allocates more of the TOT collected to funds other than the General Fund to support various operations. 3 https://synopsis.pfm.com/resources/whitepapers/best-practices-in-fund-balance City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Section 1—Introduction page 10
Figure 2—General Fund Tax Revenue by Category
During its fiscal review, Citygate identified several improvements that have been implemented by the City that have helped to strengthen its financial position. ◆ Passing of the ½-cent sales and transaction tax ballot measure in 2018 to improve fiscal health
◆ Increasing the TOT from 10 percent to 12 percent to improve fiscal health ◆ Water/Wastewater rate increases to cover cost of service in 2019 ◆ Establishing reserve policies and adherence steps to enhance ability to address fiscal emergencies
◆ Upgrading technology
◆ General fees and charges revisions to provide better coverage of service provision costs
◆ Use of Federal and State COVID-19 relief
This resulted in:
◆ 14 months unassigned fund balance in the General Fund (FY21) ◆ 10 months unreserved retained earnings in the Sewer Fund (FY21) City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Section 1—Introduction page 11
◆ 42 months unreserved retained earnings in the Water fund (FY21) Conversely, Citygate also identified several fiscal issues that need to be addressed. ◆ Financial system capability limitations. The City’s FY23 budget includes funding to upgrade the current financial hardware and software, which will help address this issue.
◆ Tenure/experience (structure) of Finance Department employees. The amount of Finance Department turnover experienced over the last couple of years has caused uncertainty related to compilation and reporting of financial information. ◆ Timeliness of financial reports/updates. Timeliness and accuracy of financial reporting is crucial for policy makers and staff to make effective operational decisions. Citygate would recommend that increased resources (e.g., training, additional staff, technology) be provided to support the Finance Department to help address this issue. The City has already included additional technology funding in its FY23 budget, which should help.
◆ Manual workaround processes developed by staff to address system issues are still in place. The increase of technology funding in FY23 should help address this issue. ◆ Remaining COVID-19 fiscal impacts. Although the impacts of COVID are waning, some fiscal impacts remain and should be monitored to help development of plans to address impacts now that the Federal and other relief funding is more limited. ◆ Lack of comprehensive written fiscal policies. A critical factor in achieving budget stabilization is the establishment of and compliance with comprehensive, formal, written financial accounting policies and procedures. Although the City does include policy statements as a part of the FY23 budget document, they are not formal polices as recommended by the GFOA. These financial policies and procedures include payroll, accounts payable, cash handling, accounts receivable, purchasing, etc. Best practice policies and procedures that are monitored regularly to ensure compliance helps staff plan their workload more efficiently. Citygate has included a fiscal policy template, which includes the GFOA recommended structure, as Appendix E Traditionally, such documentation has taken the form of a financial and accounting policies and procedures manual. The manual should be readily available to employees either in hard copy or in a searchable, electronic format on an employee portal or intranet site. To reduce fraud, the GFOA recommends this manual not be posted on an external website.4 The GFOA has 4 https://www.gfoa.org/materials/policies-and-procedures-documentation City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Section 1—Introduction page 12
developed approximately 200 best practice recommendations related to municipal financial operations. Citygate recommends that City staff review this list and use it as a guide when developing written policies.5
◆ Lack of long-term fiscal planning model. As a part of its Citywide review in 2018, Citygate developed and provided to the City a basic financial plan model that could be used by the City. The basic purpose of the model was to assist the City in maintaining a long-term focus when developing strategies and implementing financial decisions. The model reflected financial operational information relating to previous years, the current year, and projections for the next five years. The model was developed using MS-Excel, which could be amended by the City as needed based on financial assumptions as determined by the City. Considering the turnover in the Finance Department since 2018, it is Citygate’s understanding that the financial plan model has not been utilized. The use of this model was a Citygate recommendation in 2018 and continues to be recommended. If desired by the City, Citygate can provide training to the new Finance Director related to the financial plan model previously provided.
◆ Lack of departmental performance measures as a part of the budget development process. A budget development best practice noted by GFOA is the inclusion of performance measures. GFOA recommends that all organizations identify, track, and communicate performance measures to monitor financial and budgetary status, service delivery, program outcomes, and community conditions.6 Performance measures should also be developed using the City’s strategic plan as a guide.

Examples of how to develop effective performance measures is listed in the GFOA best practices reference provided in this report. Citygate recommends developing departmental performance measures as a part of the annual budget development process with updates at least semiannually.
5 http://www.gfoa.org/best-practices-z
6 http://www.gfoa.org/best-practices-z
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Recommendation #1: Increase resources (e.g., training, additional staff, technology) as needed to support the Finance Department to address financial reporting timeliness and accuracy
issues to ensure that critical fiscal information is provided to Council and management to make operational
decisions.

Recommendation #2: Formalize fiscal policies based on the GFOA recommended format per Appendix E of this report.

Recommendation #3: Review the list of GFOA operational best practices provided in this report and use it as a guide to develop an accounting manual.

Recommendation #4: If not already doing so, develop a five-year financial forecast model using the model provided by Citygate as a template.

Recommendation #5: Develop departmental performance measures as a part of the annual budget development process, with updates at
least semiannually. The structure of the performance
measures should meet best practices as recommended by
the GFOA.

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SECTION 2—STRATEGIC PLAN DEVELOPMENT PROCESS
The primary purpose of the City, as is the case with all municipalities, is to focus efforts and budgets on that which benefits the community. Strategic planning helps to meet this overarching purpose. Strategic planning is defined as “the process by which the guiding members of an organization envision its future and develop the necessary procedures and operations to achieve that future.”7
In 2021, the International City/County Managers Association (ICMA)—an internationally recognized agency with the purpose of increasing the proficiency of city managers, county managers, and other local government administrators, and to strengthen the quality of local government through professional management—funded a study focused on strategic planning for small communities. This study identified several benefits of strategic planning, including:
◆ Providing clear guidance on the goals of the governing body to the manager. ◆ Providing and effective use as a communication device for staff. ◆ Communication to employees that what they do is important and has a purpose. ◆ Helps local government managers prioritize the work in the organization and the limited financial resources available during the budget process. ◆ Helps elected officials make decisions on controversial issues.

The study separated these benefits into three categories or tools. 8 ◆ Prioritization – to prioritize and provide effective use of resources. ◆ Accountability – through the assignment of lead personnel responsible for achievement of the objective/goal, everyone understands who is responsible. ◆ Communication – with regular updates to the public, elected officials, and staff of the plan, helps to maintain operational focus.

Although there are numerous benefits to strategic planning, there are several circumstances and myths that can inhibit the successful execution of strategic planning. While often the more recognizable influencers such as resource limits, budget, unprecedented events (such as disasters) and time constraints can factor into why goals and objectives cannot be accomplished, there are many other, and often more common reasons, why things do not go according to a well-laid plan.

Many of these inhibitors are preventable; however, awareness and active attention must be present 7 Nolan, Timothy M., Leonard D. Goodstein, and Jeannette Goodstein. Applied Strategic Planning, An Introduction.

John Wiley and Sons, Inc. San Francisco. 2008.
8 https://icma.org/page/strategic-planning-small-communities-managers-manual City of Angels Camp
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to help avoid some of the less recognizable and human impactors to successfully implement any such plan. Some of these more common circumstances, which are referred to as “Fail Facts,” include:
◆ Minimal Investment/Buy-In of staff to align with the strategic plan ◆ Lack of clear consistent communication from leadership (on-going) ◆ Add-Ons – Adding to staff’s workload while nothing taken is away | Lack of understanding immovable pressures (Harvard Business Review, 2022) ◆ Lack of accountability (all levels)
◆ Lack of patience
◆ Staff’s lack of clarity on the strategy
◆ “Everything is a priority” syndrome
◆ No true allocation of resources
◆ Lack of perceived fairness (recognition, rewards)
◆ Lack of fostering innovation by leadership
◆ Was the right approach utilized in the execution?
◆ Some failures are success attitude lacking
◆ Lack of understanding the real problem
◆ Lack of understanding organizational capabilities
◆ Lack of understanding cultural landscape (if they did it before will they do it again?) Additionally, per Harvard Business Review in 2015, there are several myths which impact successful execution of strategic planning.9 They include:
◆ Execution means alignment. Limited goals, specific and measurable. ◆ Execution means sticking to the plan. Flexibility and opportunities. ◆ Communication means understanding. Simple, clear, repeat back two-way. ◆ Performance culture drives execution. Broad recognition/rewards (for innovation, agility)
9 https://hbr.org/2015/03/why-strategy-execution-unravelsand-what-to-do-about-it City of Angels Camp
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◆ Execution should be driven from the top. Long-term gains by distributed leaders.

2.1 PROCESS USED BY CITYGATE TO DEVELOP STRATEGIC PLAN
The strategic planning process used for the workshop was based on similar strategic planning processes used by Citygate in other jurisdictions, tailored to meet the City’s operational environment. The process began with the review of the requested operational documents provided by the City. Based on this review and other pertinent research, interviews were conducted with Council and staff to fine tune Citygate’s understanding of current operations. Citygate then developed, with City assistance, community and employee surveys to identify service satisfaction, priorities, and strengths, weaknesses, opportunities, and threats as seen by the community and City employees. These surveys are discussed in Section 3 of this report and complete survey summaries are provided in Appendix A and Appendix B.

A high-level fiscal review was also completed. The results of which were discussed previously in this report.

Based on the information reviewed, the interviews, and the survey results, Citygate, again with the assistance of the City, developed a workshop structure to present the results and assist the Council to complete the strategic planning process. The public workshop was held on December 1, 2022, at 10am and was attended by the Council and some department staff in addition to Citygate staff.

During the workshop presentation, Citygate:
◆ Defined strategic planning
◆ Reported the results of the community and employee surveys ◆ Reported the results of the high-level fiscal review of City operations ◆ Assisted Council and staff through various interactive exercises in the:
➢ Developing vision and mission statements for the City ➢ Identifying values embraced by the City
➢ Identifying core Council priorities
➢ Prioritizing over 100 goals identified in the City’s current General Plan City of Angels Camp
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SECTION 3—STRATEGIC PLANNING WORKSHOP OUTCOMES

3.1 COMMUNITY AND EMPLOYEE SURVEYS
The community and employee surveys were made available on August 29, 2022, and August 28, 2022, respectively. Each group was given until October 30, 2022, to respond. The following discussions summarize some of the key results of the surveys. Complete survey summaries are provided in Appendix A and Appendix B. The individual surveys were confidential and did not include names, addresses, or any other method to identify respondents. Responses were sent directly to Citygate to ensure validity. Citygate summarized the results during the workshop.

3.1.1 Community Survey
The community survey provided the City with an idea of the demographics of the respondents, their thoughts on general City operations, their satisfaction with various specific services provided by the City, areas that they believe should be a priority for the City, and their preferred method of receiving communication from the City. The survey consisted of six pages and was made available on the City’s website. Hardcopies of the survey were also made available to those without access to the City’s website.

The following summarizes the 234 responses received from the community.

Figure 3—Living Arrangement of Community Respondents
City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Section 3—Strategic Planning Workshop Outcomes page 18
Figure 4—Years Living in Angels Camp
Figure 5—General Work-Related Information Regarding Respondents City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Section 3—Strategic Planning Workshop Outcomes page 19
Figure 6—Respondent Commuting Status
The survey contained 20 level of agreement statements that asked the respondents to indicate their level of agreement or disagreement. The following identifies the top five agreement and the top five disagreement with the statements presented in the survey.

Top Five Strongly Agree or Agree
◆ The City is a good place to raise children – 75.6%
◆ The City is generally a safe place to live and/or work – 77.8% ◆ I feel a strong sense of community in the City – 65.8% ◆ The overall quality of life in the City is high – 63.7% ◆ City development fees for new homes and commercial development should be set at a level sufficient to pay for added offsite improvements such as utility lines, increased water treatment capacity, and street improvements – 51.7% Top Five Strongly Disagree or Disagree
◆ The City has an ample number of restaurant options – 77.7% ◆ The City provides plenty of opportunities to enjoy the nightlife – 74.8% ◆ The City has an ample number of choices for shopping – 69.2% ◆ The City has a vibrant downtown area – 59.3%
◆ The City draws good business investments – 58.6%
City of Angels Camp
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The survey also listed 34 City-provided services and asked respondents to indicate their level of satisfaction for each service. The following reflects the City-provided services that received a 50 percent or above satisfaction response from the community, and the top seven where the community was most dissatisfied with the City-provided service. 50%+ Very Satisfied or Satisfied
◆ Fire emergency response – 77.8%
◆ Trash collection – 64.5%
◆ Public library services – 61.5%
◆ Water quality – 67.1%
◆ Water service – 64.5%
◆ Police emergency response – 60.2%
◆ Utility billing services – 57.3%
◆ Fire prevention – 50.9%
Top Seven Very Dissatisfied or Dissatisfied
◆ Childrens’ and teens’ recreation programs – 44%
◆ Community preservation programs or code enforcement (i.e., abandoned car removal, noise problems, etc.) – 35.9%
◆ Street maintenance – 32%
◆ Adult recreation programs – 33.7%
◆ Community housing programs – 31.1%
◆ Long-range planning and development – 30.8%
◆ Maintenance of street trees and landscaping – 28.2%
The survey also listed 43 potential priorities based on the interviews and research completed by Citygate and respondents were asked to rank their top five priorities. The following reflects the top eight priorities per the responses. The top eight were selected here due to ties in some priority responses.

Top Eight Priorities
◆ Downtown needs investment, revitalization, and rehabilitation ◆ Bringing in new business and fostering a business-friendly environment is a priority City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Section 3—Strategic Planning Workshop Outcomes page 21
◆ The City needs new, improved, completed, or expanded parks and recreation options
◆ General City infrastructure, maintenance, upkeep, and ongoing public works are a priority
◆ City streets and roads require improvements and maintenance ◆ Utility and resource infrastructure are crucial
◆ Restaurant options (also night life and entertainment options) should be improved ◆ Homelessness is a major concern
The survey also asked respondents to indicate how they would like to receive communication from the City. As can be seen from the following figure, email, the City’s website, and Facebook are the top three preferred communication methods.

Figure 7—Preferred Communication Medium of Respondents

3.1.2 Employee Survey
The employee survey contained questions and statements to gauge the employees’ function and length of employment, things that thought work well withing the City or their department, as well as things that they believe need improvement and future issues they feel will impact their job.

City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Section 3—Strategic Planning Workshop Outcomes page 22
Citygate received responses from 21 of the 38 city employees, or approximately 55 percent. The survey consisted of three pages and, like the community survey, was made available on the City’s website, with hard copies of the survey made available to those without access to the City’s website or internal email.

The following summarizes the 21 responses received from City employees.

Figure 8—Job Function of Respondents
Figure 9—Tenure of Respondents
Top Six things liked best about working for City:
◆ Providing essential services to residents and visitors – 81% ◆ Being part of a team with fellow City employees – 52.4% City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Section 3—Strategic Planning Workshop Outcomes page 23
◆ Positive interactions with supervisors and managers – 52.4% ◆ A sense of accomplishment – 47.6%
◆ Working on important projects – 42.9%
◆ The positive direction in which the City organization is heading – 42.9% Top six most challenging about working for City
◆ Understaffing – 66.7%
◆ Outdated tools and technology – 57.1%
◆ Balancing workload – 47.6%
◆ Working with the public – 23.8%
◆ Lack of support or recognition from management – 23.8% ◆ Disconnected from City Hall goals – 14.3%
Top six things that work well in department and Citywide.

These responses were based on the employee listing the top three issues listed in the survey for this category, and not all 21 employees responded for this category ◆ Teamwork / effective team members
◆ Collaboration and communication between departments and with City leadership, teamwork
◆ Team attitude and relationships: pride, positivity, helpfulness, enthusiasm, camaraderie
◆ Strong management/leadership, the availability of the Deputy Chief, helpful Supervisor, support, positive reinforcement
◆ Quality communications
◆ Setting new goals and standards, willingness to improve, and movement in the right direction
Top six things where improvement needed in department and Citywide These responses were also based on the employee listing the top three issues listed in the survey for this category, and not all 21 employees responded for this category ◆ Pay and benefits
City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Section 3—Strategic Planning Workshop Outcomes page 24
◆ Staffing levels
◆ Infrastructure improvements, replacement/renovation of facilities: City, roads, water, and sewer
◆ Training across all staff levels and cross-training between positions ◆ Technology
◆ Lack of sense of community, support for local events, engagement with citizens, public trust
Top five opportunities for City over next three years
◆ Public infrastructure improvements, reinvestment in community and departments ◆ Stable City growth
◆ Housing expansion (including affordable housing, Habitat for Humanity, etc.) ◆ Growth in businesses, getting a “big box” store
◆ Development of new land areas and parks, updates to existing parks Top five constraints of City over next three years
◆ City sales and TOT revenues are volatile in the event of recession; need for large finance reserves limits City investment, other budget, and finance concerns ◆ Traffic flow, road backups during events
◆ The economy, and any related business closures due to the economic hardship ◆ Self-absorption, pride, and spite among people. Too many non-inclusive. Lack of community.
◆ Resistance to growth, or not pushing hard enough for growth and development in the City

3.1.3 Mutual Survey Response Priorities
Based on the combined community and employee surveys, the top five mutual priorities are:
◆ New Development
◆ Community/Affordable Housing Programs
◆ New Businesses and Business Friendly
◆ New/Improving Parks
City of Angels Camp
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◆ City Infrastructure Upkeep (Utilities, Streets, Landscape)

3.2 VISION/MISSION STATEMENTS, VALUES AND PRIMARY GUIDING PRIORITIES Citygate facilitated several exercises of the Council and staff at the workshop to develop vision, mission statements, and identify basic values that the City felt were important. These components are a critical part of the strategic planning process because they provide:
◆ Foundational communication tools
◆ Infrastructure (defines you (who, what, why))
◆ Shared purpose, direction, focus, coherence
◆ Sustained value
◆ Defined intent
◆ Motivation
◆ Inspiration for the future
The following discussion reflects the results of those workshop exercises.

3.2.1 Vision Statement
A vision statement details where the organization aspires to go, or its destination. It expresses why the organization exists and focuses on tomorrow. The Council and staff participated in various small groups and a collective final group to come to a consensus on a final vision statement, which is as follows.

City of Angels Camp Vision Statement
Dedicated to preserving our rich history, providing a safe and thriving community that is devoted to families, businesses, and visitors.

3.2.2 Mission Statement
A mission statement is what drives the organization. It is what it does. The CORE of the organization. The mission statement shapes the organizations culture. It can motivate employees and stakeholders and provide clarity. From this, objectives are created. The Council and staff also participated in various small groups and a final collective larger group to come to a consensus on a final mission statement, which is as follows.

City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Section 3—Strategic Planning Workshop Outcomes page 26
City of Angels Camp Mission Statement
To provide municipal services, infrastructure, and a high quality of life through trusted leadership, accountability, and efficiency for the benefit of our community.

An important component to help accomplish the City’s mission is the identification of primary guiding priorities. These overarching priorities provide direction on how to achieve the City’s mission. The rules that govern what it does. They are the guidelines for decision-making for staff.

They are the tools that guide policy and decision making. The Council and staff identified the following as primary guiding priorities, based on the survey results, General Plan goals, and other information discussed at the workshop, which is the recommended number for effective strategic planning.

City of Angels Camp Primary Guiding Priorities
◆ Fiscal Stability
◆ Economic Development
◆ Technology
◆ Infrastructure
◆ Public Safety

3.2.3 Values
Values are individual, basic, fundamental beliefs that guide or motivate people to act or behave in a particular way. They are the things that organizations believe are important in the way they live and work. Values are the words or qualities which describe the type of life that help guide an organization. Values are the standards or ideals with which actions, people, things, or situations are evaluated. The Council identified a number of values, settling on the following six, which is an optimal, manageable number recommended for strategic planning.

City of Angels Camp Values
◆ Efficiency
◆ Accountability
◆ Resiliency
◆ Proactivity
◆ Trust
◆ Innovation
City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Section 3—Strategic Planning Workshop Outcomes page 27

3.3 STRATEGIC PLANNING OBJECTIVES
Identifying appropriate and effective strategic objectives is an extremely time extensive process.

To meet the time constraints of this project, Citygate used the existing objective/goals identified in the City’s General Plan, which was updated November 2021. Indeed, the City had already exhaustively developed objectives/goals through extensive research and community and staff input as required by the State. Citygate summarized the General Plan objectives/goals in an Excel spreadsheet and assisted the Council in prioritizing them for the next five-year period via three tiers. The tiers included:
◆ Tier 1 Urgent – The highest maximum priority, which should be completed within the first quarter of the year
◆ Tier 2 High Priority – Should be completed within the second or third quarter of the year.
◆ Tier 3 Medium/Low Level “Normal” Priority – Should be complete by the end of the year.

Citygate presented 64 goals identified in the City’s General Plan. The results of the goals/objectives prioritization process completed during the workshop are reflected in Appendix C. The following table shows the 20 General Plan goals/objectives prioritized in the first year by majority vote of the Council at the workshop based on the tier definitions discussed previously.

For the purposes of the spreadsheet, year 1 is assumed to be fiscal year 2022/23.

City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Section 3—Strategic Planning Workshop Outcomes page 28
Table 3—FY23 Priority Goals/Objectives
General Plan Element General Plan Goal
FY23 – Tier 1
Conservation & Open
Space Maintain and, where feasible, enhance the city’s appearance Conservation & Open
Space
Ensure adequate water quality and quantity for the residents of and visitors to the city.

Conservation & Open
Space
Protect the health and safety of people and property in the city from natural and man-made hazards.

Economic Development Promote a wide variety of economic opportunities consistent with the city's social, cultural, environmental, and aesthetic resources Economic Development Maintain and enhance the city's economic vitality while conserving the city's social, cultural, environmental, and aesthetic resources.

Public Facilities &
Services
Continue to improve Angels Camp’s capacity to store, treat and deliver water and to collect and treat wastewater as necessary to achieve the stated goals of the city.

Public Safety Facilitate the provision of an adequate supply of water, and essential utilities and communications for city residents during emergency situations.

Public Safety Prepare city staff, agencies, and citizens to respond in a coordinated and cooperative manner to emergency situations
City of Angels Camp
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General Plan Element General Plan Goal
FY23 – Tier 2
Circulation
Provide adequate parking to serve existing and future development and improve traffic flow on narrow streets while maintaining the rural and historic character of the city
Community Identity Design new development to be compatible with the natural, scenic, and cultural resources and rural character of Angels Camp
Community Identity
Design new commercial and industrial development to be compatible with the natural, scenic, and cultural resources and rural character of Angels Camp
Land Use
Encourage well-designed business attraction and expansion proposals which are compatible with the rural character of the community, contribute positively to the city’s economic base, and improve the city’s jobs/housing balance.

Land Use
Provide a well-organized and orderly development pattern that maintains and enhances Angels Camp’s social, economic, cultural, environmental, and aesthetic resources while managing growth so that adequate facilities and services can be provided in pace with development.

City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Section 3—Strategic Planning Workshop Outcomes page 30
General Plan Element General Plan Goal
FY23 – Tier 3
Conservation & Open
Space Promote the efficient use of energy resources
Land Use
Encourage well-designed commercial development compatible with the rural character of the community that contributes positively to both the city’s economic base and the city’s jobs/housing balance
Land Use
Protect land adjoining, and in close proximity to, the city limits from development inconsistent with the city’s stated future goals, policies, and programs
Public Facilities &
Services
Maintain or increase the levels of service currently available within Angels Camp for public works facilities and infrastructure including roads, sidewalks, drainage facilities, public buildings, and other public facilities Public Facilities &
Services
Maintain or increase the standards of coverage currently available within Angels Camp for fire protection and medical response facilities and infrastructure
Public Facilities &
Services
Maintain or increase the levels of service currently available within Angels Camp for police protection facilities and infrastructure Public Facilities &
Services
Maintain or increase the levels of service currently available within Angels Camp for park facilities and infrastructure.

3.4 STRATEGIC PLANNING IMPLEMENTATION, MONITORING, UPDATING, AND REPORTING A critical component of effective strategic planning is the implementation, monitoring, updating, and reporting process. A major hinderance to successful strategic planning is the lack of follow through once the strategic plan has been developed. Consequently, a matrix should be established to help monitor the objective of the strategic plan. Examples of items which should be included in the matrix include the following:
◆ Revenue allocation – Yes or no and, if yes, define the source(s) ◆ Fiscal Impact – Yes or no and, if yes, dollar impact, funding source, etc. ◆ Specific action items (tasks) necessary to achieve the objective; should be five or less
◆ Responsible department(s)
◆ Responsible lead(s)
City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Section 3—Strategic Planning Workshop Outcomes page 31
◆ If extension is required (including why, with a new date) ◆ Whether it is a multi-year/ongoing objective
◆ When the task or objective was complete (and whether it was on time) ◆ Notes
The City should establish a regular reporting schedule to update the community, Council, and staff regarding the progress of achieving the objective of the strategic plan and any seen or unforeseen issues that will require the strategic plan objectives. Once discussed and agreed upon, the strategic plan document should be revised and shared to ensure a consistent understanding of the objectives, tasks, and timelines of the most up-to-date strategic plan document. Identifying appropriate personnel to be responsible for the various objectives, creating tasks the City believes would be necessary to achieve the objects, and building an appropriate timeline will be a time intensive process. These matrix and task components were not included in the scope of this project due to the time that would be required and the complexity of development of an effective implementation plan. If desired, Citygate can provide a proposal to assist the City to complete an effective implementation plan.

However, whether it is completed by the City or Citygate, it is recommended that this process be formalized. The City Administrator anticipates providing an annual strategic plan update every January.

Recommendation #6: Establish a formal strategic plan implementation, monitoring, reporting, and updating process to ensure the strategic plan document is a relevant, effective work tool.

This process should:

6.1 Establish a work group, team, or individual who is
responsible for monitoring and updating the strategic
plan. In the case of a work group, members of the
community could be included.

6.2 Develop a results and update reporting schedule.

City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Section 3—Strategic Planning Workshop Outcomes page 32

6.3 Develop tasks required to meet objectives, including fiscal and resource impacts of each.

6.4 Identify responsible personnel and timelines for the tasks and overall objectives.

6.5 Establish performance indicators and accountability metrics.

6.6 Refer to Fail Facts and Myths as necessary for
tracking and evaluation.

6.7 Recognize progress achievements.

6.8 Develop quick reference sheets to keep mission,
vision, values, and core priorities at the forefront for the public and City employees, and as a measuring tool to
related General Plan tasks within each of the goals and objectives.

6.9 While there are some core approaches to monitoring, it is suggested that the City determine its own style and tactic to ensure a thoughtful and action-based monitoring program. Things to consider include fiscal impacts (costbenefit/effectiveness analysis), performance/participation and compliance, results,
organizational impact, policy changes, environmental
influences, public perceptions, potential local and state mandates, and interventions/pivots.

City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Section 4—Draft Strategic Plan Document Template page 33 SECTION 4—DRAFT STRATEGIC PLAN DOCUMENT TEMPLATE
There are numerous strategic plan document structures; however, because this is the City’s first formal strategic plan document, Citygate believes that a relatively simple document would be the most useful and effective. The document would contain the development information provided in this report as well as an implementation plan, which was not a part of the scope of this project.

Citygate recommends that this report initially be used as the strategic plan document. Citygate also recommends that once the formal implementation, monitoring, and reporting plan is developed per Citygate’s recommendation, that this implementation plan be integrated into the simple strategic plan document.

Recommendation #7: Use this report as the initial component of the strategic plan document and revise it to include results based on completion of Recommendation #6 to create a formal
strategic plan document.

City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Section 5—Summary of Recommendations page 34
SECTION 5—SUMMARY OF RECOMMENDATIONS
Recommendation #1: Increase resources (e.g., training, additional staff, technology) as needed to support the Finance Department to address financial reporting timeliness and accuracy issues to ensure that critical fiscal information is provided to Council and management to make operational decisions.

Recommendation #2: Formalize fiscal policies based on the GFOA recommended format per Appendix E of this report.

Recommendation #3: Review the list of GFOA operational best practices provided in this report and use it as a guide to develop an accounting manual.

Recommendation #4: If not already doing so, develop a five-year financial forecast model using the model provided by Citygate as a template.

Recommendation #5: Develop departmental performance measures as a part of the annual budget development process, with updates at least semiannually. The structure of the performance measures should meet best practices as recommended by the GFOA.

Recommendation #6: Establish a formal strategic plan implementation, monitoring, reporting, and updating process to ensure the strategic plan document is a relevant, effective work tool. This process should:

6.1 Establish a work group, team, or individual who is
responsible for monitoring and updating the strategic plan. In the case of a work group, members of the community could be included.

6.2 Develop a results and update reporting schedule.

6.3 Develop tasks required to meet objectives, including fiscal and resource impacts of each.

6.4 Identify responsible personnel and timelines for the tasks and overall objectives.

6.5 Establish performance indicators and accountability metrics.

6.6 Refer to Fail Facts and Myths as necessary for tracking and evaluation.

City of Angels Camp
Strategic Planning and Facilitation Assistance (DRAFT REPORT) Section 5—Summary of Recommendations page 35

6.7 Recognize progress achievements.

6.8 Develop quick reference sheets to keep mission, vision, values, and core priorities at the forefront for the public and City employees, and as a measuring tool to related General Plan tasks within each of the goals and objectives.

6.9 While there are some core approaches to monitoring, it is suggested that the City determine its own style and tactic to ensure a thoughtful and action-based monitoring program. Things to consider include fiscal impacts (cost-benefit/effectiveness analysis), performance/participation and compliance, results, organizational impact, policy changes, environmental influences, public perceptions, potential local and state mandates, and interventions/pivots.

APPENDIX A

DRAFT COMMUNITY SURVEY SUMMARY
City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Community Survey Results (DRAFT REPORT) Community Survey Analysis page 1

CITY OF ANGELS CAMP COMMUNITY SURVEY SUMMARY

OVERVIEW AND METHODOLOGY
Citygate Associates, LLC (Citygate) conducted an internet-based community survey between August 29, and October 30, 2022, as part of our Citywide Update and Strategic Plan for the City of Angels Camp (City), California. In total, there were 234 completed survey responses.

Survey Summary
Launch Date August 29, 2022
Close Date October 30, 2022
Total Responses 234
Apart from four basic community member informational questions, the survey consisted of closedended statements for which community members could (1) rate their level of agreement from “Strongly Agree” to “Strongly Disagree” or “N/A or Don’t Know,” (2) rate their level of satisfaction from “Very Satisfied” to “Very Dissatisfied” or “N/A or Don’t Know,” and (3) rate their overall assessment of general, Citywide operations from “Very Good” to “Very Bad” or “N/A or Don’t Know.” The survey concluded with one open-ended question for which community members were to provide written response.

It should be noted that community members were not required to answer every question.

Additionally, “Don’t Know or N/A” responses were excluded from the mean response calculations. Therefore, the response totals to a particular question may not always correspond with the total of 234 completed surveys.

ORGANIZATION OF ANALYSIS
The results for the survey are organized in the following order:

Basic Information Results
◆ The raw data for all community informational questions included on the survey.

Degree of Agreement / Level of Satisfaction / General Assessment Results ◆ Scores for each closed-ended statement, organized from highest to lowest mean score.

City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Community Survey Results (DRAFT REPORT) Community Survey Analysis page 2
Open-Ended Question – Response Summary
◆ The question for which community members provided an open-ended response, with answer themes arranged by frequency.

DEFINITION OF TERMS
The terms defined below are encountered in the information that follows:
◆ Mean: An arithmetic mean that is the sum of the responses for each statement divided by the number of responses for each statement.
◆ Standard Deviation: Standard deviation tells how spread out the responses are from the arithmetic mean. A standard deviation close to zero indicates that most responses are close to the mean response and that a greater degree of agreement exists among employees with regard to the statement. A greater standard deviation indicates that there was a wider spread of variation in the responses and that a greater degree of disagreement exists among employees with regard to the statement.

City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Community Survey Results (DRAFT REPORT) Community Survey Analysis page 3

BASIC INFORMATION RESULTS
Please tell us a little about yourself. This information will help us to better understand your responses and respond to your concerns.

Statement Yes Response
Ratio No Response Ratio
I own a home in City of Angels 192 82.1% 36 15.4%
I live in this home full time 196 83.8% 22 9.4%
I live in this home part time 5 2.1% 171 73.1%
I use this owned home for a rental property 5 2.1% 174 74.4% This home is used for a short-term rental 1 0.4% 177 75.6% I rent my residence in the City of Angels 18 7.7% 167 71.4% This information is represented graphically in the following image:

I have been living in the City of Angels for:

Residency Yes Response
Ratio
Less than 1 year 1 0.4%
1 to 5 years 35 15.6%
6 to 10 years 20 8.9%
More than 10 years 135 60.3%
40 years 2 0.9%
31 years 1 0.4%
City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Community Survey Results (DRAFT REPORT) Community Survey Analysis page 4
Residency Yes Response
Ratio
39 years 1 0.4%
60 years 1 0.4%
67 years 1 0.4%
34 years 1 0.4%
50 years 1 0.4%
22 years 1 0.4%
70+ years 1 0.4%
32 years 1 0.4%
45 years 1 0.4%
40 years 1 0.4%
65 years 1 0.4%
I live in Tuolumne County, but worked in Calaveras
County for 20 years abd shop in Angels 1 0.4%
25 years 1 0.4%
I'm 3rd generation in my home. My grandfather built
this home. 1 0.4%
70 years 1 0.4%
Family has been here since the goldrush 1 0.4%
26 years 1 0.4%
54 years 1 0.4%
never 1 0.4%
VALLECITO 1 0.4%
I have a house in Vallecito 1 0.4%
48 years 1 0.4%
Just outside the City limits 1 0.4%
69 years 1 0.4%
27 years 1 0.4%
50 years 1 0.4%
67yrs born and raise…quit selling us out! 1 0.4%
Home in need of renovation prior tooccupancy 1 0.4%
I have lived in Vallecito for about 30 years 1 0.4%
Live outside city limits but everything ido is in town 1 0.4% City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Community Survey Results (DRAFT REPORT) Community Survey Analysis page 5
This information is represented graphically in the following image:

Please answer “yes” or “no” to the following statements:

Statement Yes Response
Ratio No Response Ratio
I own a business in City of Angels 33 14.1% 191 81.6%
I am a senior citizen 103 44.0% 122 52.1%
I have school-aged children living with
me in the City of Angels 56 23.9% 164 70.1%
I work in the City of Angels 72 30.8% 148 63.2%
This information is represented graphically in the following image:

City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Community Survey Results (DRAFT REPORT) Community Survey Analysis page 6
I commute to work:

Residency Yes Response
Ratio
I do not commute 126 53.8%
24 miles or less 78 33.3%
50–69 miles 16 6.8%
25–49 miles 8 3.4%
More than 70 miles 3 1.3%
This information is represented graphically in the following image:

City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Community Survey Results (DRAFT REPORT) Community Survey Analysis page 7
DEGREE OF AGREEMENT, SATISFACTION, OR ASSESSMENT STATEMENT RESULTS – SORTED BY SECTION Results for each statement are organized from highest to lowest mean score. The highest possible agreement is 2 (Strongly Agree). The lowest possible agreement is -2 (Strongly Disagree). A score of 0 represents neutrality.

Please rate your LEVEL OF AGREEMENT with the following statements from "Strongly Agree" to "Strongly Disagree" or "N/A." Statement Mean Std.

Dev.
%
Strongly
Disagree
(-2)
%
Disagree
(-1)
%
Neutral
(0)
%
Agree (1)
%
Strongly
Agree (2)
% Don't
Know /
N/A
The City is a good place to raise children 0.95 0.84 0.4% 6.8% 13.7% 51.7% 23.9% 3.4% The City is generally a safe place to live and/or work 0.91 0.80 0.9% 6.0% 13.2% 59.0% 18.8% 2.1% I feel a strong sense of community in the City 0.71 1.04 4.3% 9.0% 18.8% 44.9% 20.9% 2.1% The overall quality of life in the City is high 0.63 0.96 2.1% 12.0% 21.4% 48.3% 15.4% 0.9% City development fees for new homes and commercial development should be set at a level sufficient to pay for added offsite improvements such as utility lines, increased water treatment capacity, and street improvements

0.51 1.02 3.4% 11.5% 25.6% 37.6% 14.1% 7.7%
The City is environment-friendly 0.25 0.85 2.6% 12.0% 44.0% 30.8% 5.1% 5.6% The residential areas in the City are attractive 0.19 0.96 3.8% 20.9% 32.5% 36.8% 5.1% 0.9% The City has adequate internet options -0.10 1.15 12.4% 23.9% 24.8% 26.5% 6.4% 6.0% There are adequate parks and recreation amenities in the City -0.20 1.07 10.3% 33.8% 24.8% 26.9% 3.8% 0.4% Retail shopping areas in the City are attractive -0.31 0.98 10.7% 32.9% 32.5% 19.7% 2.1% 2.1% The commercial areas in the City are attractive -0.35 0.96 14.1% 26.5% 39.3% 19.2% 0.4% 0.4% There are adequate employment opportunities in the City -0.43 0.97 10.3% 37.2% 24.8% 15.8% 1.7% 10.3% There is good access to arts and cultural opportunities in the City -0.48 0.98 14.1% 35.9% 32.5% 11.5% 3.0% 3.0% The City’s economy is sound -0.53 0.86 11.5% 32.1% 38.0% 5.1% 1.7% 11.5% City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Community Survey Results (DRAFT REPORT) Community Survey Analysis page 8
Statement Mean Std.

Dev.
%
Strongly
Disagree
(-2)
%
Disagree
(-1)
%
Neutral
(0)
%
Agree (1)
%
Strongly
Agree (2)
% Don't
Know /
N/A
There is good business and economic development planning within City government -0.57 0.93 11.5% 38.5% 28.2% 6.0% 3.0% 12.8% The City has a vibrant downtown area -0.64 1.02 20.1% 39.3% 25.2% 11.5% 2.6% 1.3% The City draws good business investments -0.82 0.88 21.4% 37.2% 26.9% 4.3% 0.9% 9.4% The City has an ample number of choices for shopping -0.85 1.06 30.3% 38.9% 16.2% 10.7% 2.6% 1.3% The City provides plenty of opportunities to enjoy the nightlife -1.01 0.91 31.2% 43.6% 15.4% 5.6% 1.3% 3.0% The City has an ample number of restaurant options -1.02 0.94 33.3% 44.4% 14.1% 6.0% 1.7% 0.4% This information is represented graphically in the following image:

City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Community Survey Results (DRAFT REPORT) Community Survey Analysis page 9
-2.00 -1.75 -1.50 -1.25 -1.00 -0.75 -0.50 -0.25 0.00 0.25 0.50 0.75 1.00 1.25 1.50 1.75 2.00 The City is a good place to raise children
The City is generally a safe place to live and/or work
I feel a strong sense of community in the City
The overall quality of life in the City is high
City development fees for new homes and commercial development should be set at a level sufficient to pay for added offsite improvements… The City is environment-friendly
The residential areas in the City are attractive
The City has adequate internet options
There are adequate parks and recreation amenities in the City Retail shopping areas in the City are attractive
The commercial areas in the City are attractive
There are adequate employment opportunities in the City There is good access to arts and cultural opportunities in the City The City's economy is sound
There is good business and economic development planning within City government
The City has a vibrant downtown area
The City draws good business investments
The City has an ample number of choices for shopping
The City provides plenty of opportunities to enjoy the nightlife The City has an ample number of restaurant options
City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Community Survey Results (DRAFT REPORT) Community Survey Analysis page 10
Please rate your LEVEL OF SATISFACTION with the following City services from "Very Satisfied" to "Very Dissatisfied" or "N/A."
Statement Mean Std.

Dev.
% Very
Dissatisfied
(-2)
%
Dissatisfied
(-1)
%
Neither
Satisfied
nor
Dissatisfied
(0)
%
Satisfied (1)
%
Very
Satisfied (2)
% Don't
Know / N/A
Fire emergency response 1.11 0.78 0.4% 3.0% 12.4% 47.9% 29.9% 6.4% Trash collection 0.87 0.82 0.4% 4.7% 20.1% 45.7% 18.8% 10.3% Public library services 0.75 0.85 0.9% 6.4% 23.1% 45.7% 15.8% 8.1% Water quality 0.73 0.95 1.3% 12.0% 15.8% 49.6% 17.5% 3.8% Water service 0.70 0.94 2.1% 9.4% 17.9% 49.1% 15.4% 6.0% Police emergency response 0.68 0.95 3.0% 7.3% 20.1% 45.7% 14.5% 9.4% Utility billing services 0.57 0.96 2.6% 11.5% 22.2% 44.9% 12.4% 6.4% Fire prevention 0.47 1.01 4.7% 9.8% 25.2% 40.2% 10.7% 9.4% Dependability of the City's sewer system 0.38 0.93 4.3% 10.7% 26.1% 44.4% 4.7% 9.8% Traffic enforcement 0.35 1.07 6.8% 13.7% 24.4% 41.5% 9.8% 3.8% Organization and accessibility of City website 0.34 0.90 3.8% 8.5% 37.2% 35.5% 6.0% 9.0% Crime prevention 0.31 1.04 5.6% 16.2% 23.1% 41.9% 7.3% 6.0% Disaster preparedness 0.30 0.91 3.4% 7.7% 39.7% 25.2% 7.3% 16.7% Stormwater drainage 0.26 0.95 5.1% 11.5% 31.6% 36.8% 4.3% 10.7% Maintenance of sidewalks 0.23 1.02 5.6% 18.8% 26.5% 40.2% 6.0% 3.0% City building facilities 0.21 0.85 4.3% 9.8% 39.3% 33.3% 1.7% 11.5% Timeliness of information on City website 0.20 0.85 4.7% 6.4% 45.7% 26.5% 3.4% 13.2% City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Community Survey Results (DRAFT REPORT) Community Survey Analysis page 11
Statement Mean Std.

Dev.
% Very
Dissatisfied
(-2)
%
Dissatisfied
(-1)
%
Neither
Satisfied
nor
Dissatisfied
(0)
%
Satisfied (1)
%
Very
Satisfied (2)
% Don't
Know / N/A
Process of obtaining information I have requested 0.18 0.86 3.8% 6.8% 41.5% 20.1% 4.3% 23.5% Police public education programs 0.18 0.85 2.6% 12.0% 45.3% 21.4% 5.6% 13.2% City staff’s responsiveness to my concerns or
comments 0.16 0.95 5.1% 10.3% 38.9% 21.8% 6.0% 17.9%
Street sweeping services 0.15 0.98 4.7% 15.4% 31.6% 26.9% 5.1% 16.2% Transit services 0.09 0.90 3.4% 15.0% 38.5% 20.9% 4.3% 17.9% Park maintenance 0.09 1.13 11.5% 17.1% 23.9% 38.0% 5.6% 3.8% Maintenance of street trees and landscaping 0.09 1.05 7.7% 20.5% 28.2% 33.8% 5.1% 4.7% Prompt resolution of a recent (last two years)
complaint 0.05 0.83 4.7% 5.1% 42.3% 13.7% 2.1% 32.1%
Street maintenance 0.05 1.10 9.4% 22.6% 23.9% 35.9% 5.1% 3.0% Sports fields–maintenance 0.02 1.05 10.3% 12.0% 32.9% 26.9% 3.4% 14.5% Special events sponsored by the City 0.01 1.07 9.4% 17.5% 34.6% 24.8% 6.4% 7.3% Sports fields–number of facilities -0.03 1.08 12.0% 13.7% 32.9% 26.9% 3.8% 10.7% Animal control services -0.04 0.90 5.1% 17.5% 37.2% 20.1% 2.1% 17.9% Residential and commercial building inspection
services -0.08 0.95 7.3% 11.5% 37.6% 14.1% 3.0% 26.5%
Building and development permit process (i.e.,
assistance, application, plan review) -0.09 0.92 6.4% 13.2% 35.9% 15.8% 1.7% 26.9% City broadband (internet) access -0.16 1.03 10.3% 15.8% 36.8% 14.5% 4.3% 18.4% Long-range planning and development -0.27 0.90 7.3% 23.5% 36.3% 12.8% 1.7% 18.4% City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Community Survey Results (DRAFT REPORT) Community Survey Analysis page 12
Statement Mean Std.

Dev.
% Very
Dissatisfied
(-2)
%
Dissatisfied
(-1)
%
Neither
Satisfied
nor
Dissatisfied
(0)
%
Satisfied (1)
%
Very
Satisfied (2)
% Don't
Know / N/A
Senior Center -0.31 0.82 6.4% 17.5% 37.6% 6.8% 0.9% 30.8% Community preservation programs or code
enforcement (i.e., abandoned car removal, noise
problems, etc.)
-0.35 1.05 16.2% 19.7% 32.1% 19.2% 0.9% 12.0%
Senior services -0.37 0.81 7.3% 17.5% 39.7% 4.7% 0.9% 29.9% Senior recreation programs -0.40 0.79 7.3% 18.8% 39.3% 3.4% 0.9% 30.3% Community housing programs -0.44 0.92 8.5% 22.6% 29.9% 5.1% 2.1% 31.6% Community redevelopment programs -0.46 0.90 9.8% 18.4% 33.8% 3.8% 1.7% 32.5% Adult recreation programs -0.53 0.84 9.8% 23.9% 32.9% 3.8% 0.9% 28.6% Children’s and teens’ recreation programs -0.61 1.01 18.4% 25.6% 27.8% 8.5% 1.7% 17.9% City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Community Survey Results (DRAFT REPORT) Community Survey Analysis page 13
This information is represented graphically in the following image:

City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Community Survey Results (DRAFT REPORT) Community Survey Analysis page 14
Please rate the following areas that address general, Citywide operations from "Very Good" to "Very Bad" or "N/A." Statement Mean Std.

Dev.
% Very
Bad (-2)
%
Bad (-1)
%
Neutral
(0)
%
Good (1)
%
Very
Good (2)
% Don't
Know /
N/A
Opportunities for community member and business owner input into City processes and decisions 0.10 0.97 6.8% 9.4% 38.5% 21.8% 4.7% 18.8% Overall, City’s government services in meeting my expectations -0.07 0.95 8.1% 15.4% 41.9% 19.7% 3.0% 12.0% Direction, guidance, and vision of City leaders -0.09 0.94 8.5% 13.7% 42.7% 17.9% 2.6% 14.5% City communications that provide key information and issues to community members and business owners -0.09 0.94 6.8% 17.5% 38.0% 18.4% 2.6% 16.7% Overall, City services in comparison to services in other cities -0.12 0.98 7.3% 20.5% 36.3% 16.2% 4.3% 15.4% City as a well-run, efficient operation -0.18 0.99 9.0% 20.9% 35.5% 17.5% 3.0% 14.1% City government's overall ability to meet the City’s needs now and in the future -0.21 0.97 9.4% 19.2% 35.9% 16.2% 2.1% 17.1% The level of City fees and taxes -0.26 0.94 9.8% 23.1% 36.8% 17.9% 0.9% 11.5% This information is represented graphically in the following image:

City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Community Survey Results (DRAFT REPORT) Community Survey Analysis page 15
-2.00 -1.75 -1.50 -1.25 -1.00 -0.75 -0.50 -0.25 0.00 0.25 0.50 0.75 1.00 1.25 1.50 1.75 2.00 Opportunities for community member and business owner input into City processes and decisions
Overall, City's government services in meeting my expectations Direction, guidance, and vision of City leaders
City communications that provide key information and issues to community members and business owners
Overall, City services in comparison to services in other cities City as a well-run, efficient operation
City government's overall ability to meet the City's needs now and in the future
The level of City fees and taxes
City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Community Survey Results (DRAFT REPORT) Community Survey Analysis page 16
OPEN-ENDED QUESTION – RESPONSE SUMMARY
The following table shows a summary of responses to the open-ended community survey question.

The results are summarized by common themes identified in each response and are organized by count (frequency) of each response.

In your opinion, what are the top five priorities that should be focused on by the City in order of importance? (126 responses)
Count Comment
35 Downtown needs investment, revitalization, and rehabilitation 34 Bringing in new business and fostering a business-friendly environment is a priority 34 The City needs new, improved, completed, or expanded parks and recreation options 34 General City infrastructure, maintenance, upkeep, and ongoing public works are a priority 24 City streets and roads require improvements and maintenance 22 Utility and resource infrastructure are crucial
19 Restaurant options (also night life and entertainment options) should be improved 19 Homelessness is a major concern
17 The City has a problem with neglected or abandoned buildings, care, properties, and green spaces
16 The City could improve communications and messaging, and should place greater emphasis on community involvement and engagement
15 The City needs more community events
14 The job market and the economy are a priority
13 Police and public safety are important
12 The City lacks adequate shopping options
12 The City needs programs and activities for youth/children 11 Crime and crime prevention need attention
11 The City needs affordable and strategic housing options 10 Fire services, fire prevention, and fire personnel are important 10 Traffic laws need to be enforced to keep the City safe 8 Taxes and fees are too high and/or should be shouldered by businesses and developers, not just the public
7 Drug enforcement is needed
7 The City must be fiscally responsible and proactive with budgets and finance 7 City growth and development is essential / should be encouraged 6 Schools and school safety are important
City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Community Survey Results (DRAFT REPORT) Community Survey Analysis page 17
Count Comment
6 The police are not meeting expectations
5 Water and other utility rates are too high
5 Programs to assist those experiencing homelessness would be helpful 5 Strategic planning and careful implementation are key 4 The City needs to practice disaster preparedness
4 City growth and development is going too far
4 Tourism is important and the City should encourage it 3 City parks are unsafe or lack maintenance
3 Codes need to be enforced
3 The City should work to preserve its history and regional heritage 3 Sustainability and resource management should be a priority 2 The City needs more police officers
2 Senior citizens need community programs and activities 2 The City should see to animal services needs
1 The City should not allow major developers to benefit without contributing to the City 1 Tourism should not be a priority
1 There is limited access to medical care and services
1 The City should encourage supply and vendors at the farmer’s market 1 The City should utilize contractors instead of relying on City employees for all responsibilities City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Community Survey Results (DRAFT REPORT) Community Survey Analysis page 18

PREFERRED METHOD OF CONTACT FOR COMMUNITY MEMBERS

APPENDIX B

DRAFT EMPLOYEE SURVEY SUMMARY
City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Employee Survey Results (DRAFT REPORT) Employee Survey Analysis page 1

CITY OF ANGELS CAMP EMPLOYEE SURVEY SUMMARY

OVERVIEW AND METHODOLOGY
Citygate Associates, LLC (Citygate) conducted an internet-based employee survey between August 29, 2022, and October 30, 2022, as part of our Citywide Update and Strategic Plan for the City of Angels Camp (City), California. All City personnel were invited by the City to participate in this survey. In total, there were 21 completed survey responses.

Survey Summary
Launch Date August 29, 2022
Close Date October 30, 2022
Total Responses 21
Apart from two basic employee classification questions, the survey consisted of closed-ended statements that employees could rate their level of agreement with, and open-ended questions for employees to provide written response. For closed-ended statements, respondents rated their level of agreement from “Strongly Agree” to “Strongly Disagree” or “N/A or Don’t Know.” It should be noted that employees were not required to answer every question. Additionally, they were permitted to respond “Don’t Know or N/A” to many statements, and these responses were excluded from the mean response calculations. Therefore, the response totals to a particular question may not always correspond with the total of 21 completed surveys.

ORGANIZATION OF ANALYSIS
The results for the survey are organized in the following order:

Classification Results
◆ The raw data for both employee classification questions included on the survey.

Job-Specific Multiple Choice Question Results
◆ Raw data for responses regarding (1) what each employee likes best about working for the City, and (2) what the most challenging aspects of the employee’s specific job are.

Degree of Agreement Statement Results – Sorted from Highest to Lowest ◆ Scores for each closed-ended statement, organized from highest to lowest mean score.

City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Employee Survey Results (DRAFT REPORT) Employee Survey Analysis page 2
Open-Ended Questions – Response Summary
◆ Each of the six questions for which employees provided an open-ended response, with answer themes arranged by frequency.

City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Employee Survey Results (DRAFT REPORT) Employee Survey Analysis page 3

CLASSIFICATION RESULTS
How long have you worked for the City of Angels?
Response Number of
Responses
Response
Ratio
Less than 1 year 6 28.6%
1 to 5 years 7 33.3%
6 to 10 years 4 19%
More than 10 years 4 19%
This information is represented graphically in the following image:

City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Employee Survey Results (DRAFT REPORT) Employee Survey Analysis page 4
What is your job function?
Response Number of
Responses
Response
Ratio
Non-Supervisory Staff 8 38.1%
Supervisor 6 28.6%
Director 3 14.3%
Other 4 19.2%
This information is represented graphically in the following image:

City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Employee Survey Results (DRAFT REPORT) Employee Survey Analysis page 5

JOB-SPECIFIC MULTIPLE CHOICE QUESTION RESULTS
What do you like best about working for the City? (check all that apply) Response Number of
Responses
Response
Ratio
Providing essential services to residents and visitors 17 81% Being part of a team with fellow City employees 11 52.4% Working on important projects 9 42.9%
Positive interactions with supervisors and managers 11 52.4% A sense of accomplishment 10 47.6%
The positive direction in which the City organization is heading 9 42.9% Other: Making a difference in the community 1 4.8%
Other: The citizens of Angels Camp 1 4.8%
This information is represented graphically in the following image:

City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Employee Survey Results (DRAFT REPORT) Employee Survey Analysis page 6
What are the most challenging aspects of your job? (check all that apply) Response Number of
Responses
Response
Ratio
Working with the public 5 23.8%
Understaffing 14 66.7%
Disconnected from City Hall goals 3 14.3%
Balancing workload 10 47.6%
Lack of support or recognition from management 5 23.8%
Outdated tools and technology 12 57.1%
Retaining employees 1 4.8%
Other: Cleaning up data from the past, feels good to accomplish but can be challenging 1 4.8%
Other: Under paid and keeping good employees here because of it 1 4.8% Other: Budget restrictions 1 4.8%
Other: Non-competitive pay / no benefits 1 4.8%
This information is represented graphically in the following image:

City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Employee Survey Results (DRAFT REPORT) Employee Survey Analysis page 7

RESPONSES FOR EACH STATEMENT
The following table shows all the employee survey statements with the calculation of the mean and standard deviation of responses, along with the percentage of each type of response, including “Don’t Know or N/A.” Statement Mean Std.

Dev.
%
Strongly
Disagree
(-2)
%
Disagree
(-1)
%
Neutral
(0)
%
Agree (1)
%
Strongly
Agree (2)
% Don't
Know /
N/A
Service to the public is strongly emphasized in my department. 1.55 0.74 0.0% 4.8% 0.0% 28.6% 61.9% 4.8% I understand my manager/supervisor’s expectations of the job I perform. 1.14 0.94 4.8% 0.0% 9.5% 47.6% 38.1% 0.0%
I believe good teamwork exists in my department. 1.10 0.87 0.0% 4.8% 19.0% 38.1% 38.1% 0.0% My manager/supervisor encourages teamwork in my department. 1.10 1.02 4.8% 0.0% 19.0% 33.3% 42.9% 0.0% My manager/supervisor keeps commitments they make to me. 1.05 0.95 4.8% 0.0% 14.3% 47.6% 33.3% 0.0% The work environment in my department is supportive and positive. 1.00 1.11 4.8% 4.8% 19.0% 28.6% 42.9% 0.0% I receive clear and specific direction from my supervisor(s) regarding my work assignments. 1.00 0.93 4.8% 0.0% 14.3% 52.4% 28.6% 0.0% It is clear to me what my role is and how it contributes to the larger purpose of my department. 0.95 1.05 4.8% 9.5% 0.0% 57.1% 28.6% 0.0% The management of my department listens to employees. 0.90 1.06 4.8% 4.8% 19.0% 38.1% 33.3% 0.0% The management of my department contributes to the productivity of the department. 0.86 1.25 9.5% 4.8% 14.3% 33.3% 38.1% 0.0% City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Employee Survey Results (DRAFT REPORT) Employee Survey Analysis page 8
Statement Mean Std.

Dev.
%
Strongly
Disagree
(-2)
%
Disagree
(-1)
%
Neutral
(0)
%
Agree (1)
%
Strongly
Agree (2)
% Don't
Know /
N/A
The goals and objectives of the department are achievable. 0.71 1.12 4.8% 9.5% 23.8% 33.3% 28.6% 0.0% I agree with the mission, vision, and values statement that guides all City staff members. 0.67 0.75 0.0% 0.0% 42.9% 28.6% 14.3% 14.3% I receive sufficient training for the effective completion of my job responsibilities. 0.67 1.17 9.5% 4.8% 19.0% 42.9% 23.8% 0.0% The mission/goals and objectives of my department are clearly defined and understood by me. 0.65 1.15 9.5% 4.8% 14.3% 47.6% 19.0% 4.8% The City has an effective process for listening to resident or customer concerns. 0.63 1.13 9.5% 4.8% 9.5% 52.4% 14.3% 9.5% There is an effective flow of information between supervisors and staff within my department. 0.62 1.29 14.3% 4.8% 9.5% 47.6% 23.8% 0.0% Clear, written policies and procedures are in place to assist me in the performance of my job responsibilities. 0.62 1.43 14.3% 9.5% 14.3% 23.8% 38.1% 0.0% I believe my department functions proactively and does not simply react to crises. 0.57 1.05 4.8% 9.5% 28.6% 38.1% 19.0% 0.0% Overall, I believe the decision-making within my department is consistent with City Council priorities. 0.56 1.12 4.8% 14.3% 9.5% 42.9% 14.3% 14.3% Written policies and procedures are available and consistently followed in day-to-day operations. 0.52 1.14 9.5% 9.5% 14.3% 52.4% 14.3% 0.0% The performance evaluations I have received have been completed in a timely manner and according to schedule. 0.46 0.93 0.0% 9.5% 23.8% 19.0% 9.5% 38.1% I believe opportunities for employee involvement in goal setting, decision-making, and other aspects of my work are adequate. 0.40 1.11 9.5% 14.3% 4.8% 61.9% 4.8% 4.8% I believe my department is an efficient, well-run organization. 0.38 1.05 9.5% 4.8% 33.3% 42.9% 9.5% 0.0% City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Employee Survey Results (DRAFT REPORT) Employee Survey Analysis page 9
Statement Mean Std.

Dev.
%
Strongly
Disagree
(-2)
%
Disagree
(-1)
%
Neutral
(0)
%
Agree (1)
%
Strongly
Agree (2)
% Don't
Know /
N/A
I believe that my department’s approach to employee discipline is fair and evenly administered. 0.37 1.27 9.5% 19.0% 4.8% 42.9% 14.3% 9.5% There is good coordination of projects and functions between my department and other departments of the City. 0.37 1.04 9.5% 4.8% 23.8% 47.6% 4.8% 9.5% I believe that customers (both external and internal) perceive that my department is consistently doing a good job. 0.33 1.13 9.5% 14.3% 19.0% 47.6% 9.5% 0.0% City goals and objectives have been clearly communicated to me. 0.29 0.88 4.8% 9.5% 42.9% 38.1% 4.8% 0.0% I have sufficient resources to complete my work, such as office space, computers, etc. 0.19 1.30 19.0% 14.3% 0.0% 61.9% 4.8% 0.0% I believe the workload within my department is equally divided among my co-workers. 0.14 1.32 19.0% 9.5% 23.8% 33.3% 14.3% 0.0% The City has an effective process for listening to employee concerns.

0.06 1.08 9.5% 14.3% 28.6% 28.6% 4.8% 14.3%
My needs for employee wellness are incorporated in employee programs.

0.00 1.37 19.0% 9.5% 14.3% 28.6% 9.5% 19.0%
I have sufficient opportunities for advancement and promotional upward mobility. -0.21 1.24 23.8% 9.5% 19.0% 38.1% 0.0% 9.5% The equipment and technology used in my department are up-todate and sufficient. -0.71 1.20 38.1% 19.0% 19.0% 23.8% 0.0% 0.0% Compared to similar organizations, I am satisfied with the salary and benefit package I receive. -0.75 1.22 38.1% 14.3% 28.6% 9.5% 4.8% 4.8% City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Employee Survey Results (DRAFT REPORT) Employee Survey Analysis page 10
Employee responses to the preceding statements are represented graphically in the following images. The top 10 most agreed-to statements are listed first, followed by the 10 least agreed-to statements.
-2.0 -1.8 -1.5 -1.3 -1.0 -0.8 -0.5 -0.3 0.0 0.3 0.5 0.8 1.0 1.3 1.5 1.8 2.0 Service to the public is strongly emphasized in my
department.

I understand my manager/supervisor's expectations of
the job I perform.

I believe good teamwork exists in my department.

My manager/supervisor encourages teamwork in my
department.

My manager/supervisor keeps commitments they make
to me.

The work environment in my department is supportive
and positive.

I receive clear and specific direction from my
supervisor(s) regarding my work assignments.

It is clear to me what my role is and how it contributes to the larger purpose of my department.

The management of my department listens to employees.

The management of my department contributes to the
productivity of the department.
-2.0-1.8-1.5-1.3-1.0-0.8-0.5-0.3 0.0 0.3 0.5 0.8 1.0 1.3 1.5 1.8 2.0 There is good coordination of projects and functions between my department and other departments of the City.

I believe that customers (both external and internal) perceive that my department is consistently doing a good job.

City goals and objectives have been clearly communicated to me.

I have sufficient resources to complete my work, such as office space, computers, etc.

I believe the workload within my department is equally
divided among my co-workers.

The City has an effective processfor listening to employee concerns.

My needs for employee wellness are incorporated in
employee programs.

I have sufficient opportunities for advancement and
promotional upward mobility.

The equipment and technology used in my department are
up-to-date and sufficient.

Compared to similar organizations, I am satisfied with the salary and benefit package I receive.

City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Employee Survey Results (DRAFT REPORT) Employee Survey Analysis page 11
OPEN-ENDED QUESTIONS – RESPONSE SUMMARY
The following table shows a summary of responses to the open-ended employee survey question.

The results are summarized by common themes identified in each response and are organized by count (frequency) of each response.

What are the top three areas that you believe work well in your department? (17 responses) Count Comment
10 Teamwork / effective team members
7 Team attitude and relationships: pride, positivity, helpfulness, enthusiasm, camaraderie 7 Strong management/leadership, the availability of the Deputy Chief, helpful Supervisor, support, positive reinforcement
7 Quality communications
1 Continued improvement
1 Cross-training
1 Budget
1 Having a finance director
1 Collaboration with people in other departments
1 Flexible scheduling
1 Well-defined job roles
1 Motivation to help people
1 The valuing of hard work
City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Employee Survey Results (DRAFT REPORT) Employee Survey Analysis page 12
What are the top three areas that you believe work well in the City? (16 responses) Count Comment
9 Collaboration and communication between departments and with City leadership, teamwork 5 Setting new goals and standards, willingness to improve, and movement in the right direction 3 Involvement, interaction, and information shared with community 3 Budget, investment, and finance improvements
2 Having a dedicated administrator working for the City 2 Collaboration with outside organizations and agencies 2 Not sure
1 Town events
1 Public safety doing a good job despite limited staff
1 City staff are friendly and professional
1 Clear objectives from planning commission
1 Work hours
1 Reliability
1 Pride taken in the City
1 None
City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Employee Survey Results (DRAFT REPORT) Employee Survey Analysis page 13
What are the top three areas that you believe need to be improved in your department? (21 responses)
Count Comment
11 Pay and benefits
10 Staffing levels
4 Training across all staff levels and cross-training between positions 4 Public engagement, including building a stronger internet presence 4 Staffing retention
4 Technology, updates to the computer system
4 Equipment and tools, with storage space
3 Documentation of policies and procedures
2 Communication, seeking staff input before implementing major changes 2 Vehicles and heavy equipment
1 Management being willing to assist other staff
1 Department structure
1 Investment in the future
1 Increasing the budget
1 Employee accountability
1 Scheduling for work/life balance
1 More billable hours
1 More community feedback
1 More public-friendly facilities for meeting spaces
City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Employee Survey Results (DRAFT REPORT) Employee Survey Analysis page 14
What are the top three areas that you believe need to be improved in the City? (18 responses) Count Comment
6 Infrastructure improvements, replacement/renovation of facilities: City, roads, water and sewer 4 Lack of sense of community, support for local events, engagement with citizens, public trust 4 Technology
3 Work to bring in businesses, cultivate an environment for business growth 3 Increase in Public Safety (police and/or firefighter) staffing and pay 3 Pay scales, wages, salaries
2 Revitalization/cleaning of downtown
2 Lack of empathy for the homeless or others in need, services and resources to help 2 Medium-income housing, housing in general
2 Businesses/residents should be educated on code violations, code compliance/enforcement 2 Improve parks
2 Places for community and youth activities
2 Communications and the sharing of information with the public 2 Employee appreciation and recognition, evaluation of employees/leadership in all departments 2 Staffing levels
1 Economic development action plan
1 Complaining about fellow citizens instead of offering to help them 1 Sense of entitlement from the established family hierarchy 1 Places to eat
1 A City Hall building for better customer access
1 Ground security for departments
1 Documented procedures and policies
1 Overview of all departments’ staffing and vehicle use 1 More involvement from Public Works with brush and grass removal 1 Efficiencies gained between City and County
City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Employee Survey Results (DRAFT REPORT) Employee Survey Analysis page 15
What opportunities do you see for the City in the next three years? (18 responses) Count Comment
6 Public infrastructure improvements, reinvestment in community and departments 5 Stable City growth
4 Housing expansion (including affordable housing, Habitat for Humanity, etc.) 4 Growth in businesses, getting a “big box” store
3 Development of new land areas and parks, updates to existing parks 2 More City events that are that are better run and funded with new tax revenues 2 Grant opportunities focused on downtown, economic expansion and planning 1 Technology
1 Unite citizens in a shared sense of value
1 No opportunity—things never change
1 Job growth
1 Improvement in morale among City departments
1 Code education and compliance
1 Increased public services
1 Improvements in City employee retention
1 JPA agreement between fire services agencies
1 Annexation of property
City of Angels Camp, CA
Strategic Planning and Facilitation Assistance – Employee Survey Results (DRAFT REPORT) Employee Survey Analysis page 16
What constraints do you see for the City in the next three years? (18 responses) Count Comment
5 City sales and TOT revenues are volatile in the event of recession; need for large finance reserves limits City investment, other budget and finance concerns 3 Traffic flow, road backups during events
2 The economy, and any related business closures due to the economic hardship 2 Self-absorption, pride, and spite among people. Too many non-inclusive. Lack of community. 2 Resistance to growth, or not pushing hard enough for growth and development in the City 2 Homelessness
1 The funding of more major projects specifically
1 Income VS. cost of living
1 Vandalism
1 Public support and trust
1 Small area available for growth
1 Operational inefficiencies related to being a small city 1 Poor employment
1 Retention of City employees

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 23-17

A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL ADOPTING THE CITY OF

ANGELS STRATEGIC PLAN
WHEREAS, Council directed staff to move forward with engaging with Citygate to develop the City Strategic Plan; and
WHEREAS, Citygate with input from staff and Council developed community and employee surveys; and
WHEREAS, those anonymous surveys were analyzed by Citygate to develop the framework for public and employees satisfaction, priorities, strengths, weaknesses, opportunities, and threats; and WHEREAS, Council participated in an all-day workshop on December 1, 2022; and WHEREAS, Council defined the Vision, Mission, Priorities, Values, Priorities, and Goals; and WHEREAS Citygate compiled all that work into the City of Angels Strategic Planning and Facilitations Assistance document; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Angels City Council does hereby adopted the City of Angels Strategic Planning and Facilitations Assistance document.

PASSED AND ADOPTED this 7th day of February 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________
________Jennifer Herndon, Mayor
_______________________
Rose Beristianos,
City Clerk

HOME OF THE JUMPING FROG

ADJUSTMENTS REQUIRING CITY COUNCIL APPROVAL

RECOMMENDATION
Receive the 2022-2023 Fiscal Year midyear report and approve Resolution 23-21 for budget adjustments requiring City Council Approval.

BACKGROUND
The City operates on a July through June fiscal year. December represents the halfway mark (50% benchmark) and is a recommended time to report out to Council, in addition to reporting out internal transfers that are under the authority of the City Administrator, and budget adjustments that require a 4/5th approval by City Council.

DISCUSSION
Staff have been working with the external Audit Firm to get the audit completed. As that has been occurring, and throughout this fiscal year, staff has been identifying corrections and various changes in accounting that have immaterially changed budget needs. Additionally, there are some operational areas that we have talked about being a problem given the nationwide issues with market and supply chain issues.

There are some areas that require an increase in budget due to unforeseen issues and staff are making recommendations of one-time budget for the remainder of the fiscal year to catch up on some muchneeded project delivery for Code Compliance.

This report will focus on the most material operating funds, General Fund, Wastewater, and Water, in addition to any other highs or lows that Council should remain aware of.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
General Fund

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
The main component of the budget that City Council has the most authority over is the General Fund (Fund 010). This fund includes Finance and Administration, Public Works (parks and some street maintenance), Police, Fire, Building, Planning, and Code Compliance.

The General Fund Expenditure Budget is $5,645,584. The revenue budget is $5,130,260. This is a difference of $515,324. This difference is to be spent on one-time expenditures as an investment into Technology, equipment, training, projects that have been deferred for many years. The funding is coming from an accumulated unrestricted balance in the General Fund. The unaudited balance of the General Fund as of 6/30/22 was just over $4 million dollars.

This balance is from years of sales tax, transient occupancy tax, property tax, and other revenues in excess of expenditures.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
As of 12/31/2022, the General Fund expenses were $2,040,912, or 36% of budget. Revenues are $1,475,918 or 29% of budget. Important notes here are that property taxes, franchise fees, sales tax, and prop 172 all delay in the first half of the year. We will see those to start catching up in Quarter 3. This is a difference of $564,994 expenses greater that revenue, just due to timing.

Expenditures
The areas of concern that will require increases in budget are:
• Electricity is currently 129% higher than budget. Two factors are contributing to this:
o The utility allocation that was being used is a carry-over from prior year when the General Fund would take on a portion of Water and Wastewater costs.
o That utilities are literally higher than anticipated
 The museum and pickled porch (prior CVB) meters had been erroneously charged a very low factor by CPPA. That has been corrected and those charges will in fact double. The City will be getting those reimbursed as part of our agreements. However, the budget will need to be increased.
• Vehicle Maintenance and repair. We have had major repairs needed on vehicles in Fire and Police that were well beyond regular trends.
• Building Maintenance and repair is higher. City hall and the post office both had leaking roofs, the water heater in City Hall broke, and lighting was needed for safety at City Hall. • Grounds maintenance is high due to trees. Gateway Park and downtown trees requiring extensive work that city staff are not equipped to do.
• Utilities is higher and this line item includes propane. • An increase for additional Code Compliance assistance for one additional day per week for the remainder of the fiscal year, $17,600.
**Budget Adjustments are detailed by Department in Attachments.

Revenues
There is some silver lining in revenue and those are:
• Business Licenses are nearly 60%. This is 9% higher than anticipated. Staff are working on auditing licenses to determine who may have been missed over COVID and as we are finding out about new businesses applying for permits, we are working to get them to be licensed, an increase of $2,200.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
• Reimbursements are 546% higher than anticipated. With the NO Fee waiver policy, staff are working diligently to ensure all costs are being reimbursed as required and increase of $39,363. • Building permits are 148% higher than what was budgeted. Staff are required to collect permit fees when a customer submits, not after. No work will occur until payment is received. In additional the Utica Hotel is underway, and many inspections are taking place, and increase of $133,153. o This increase in work effort may increase the need for a budget adjustment due to that additional workload.
• Planning fees are 163% higher than budgeted. We have Habitat for Humanity that was not budgeted and increase of $81,741.
o This increase may also increase the need for additional budget for CSG and Dewberry associated with plan reviews and civil engineering.
• Banner/Event fees are at 100% due to the no fee waiver policy. While we still are not breaking even, when you fold in planning time with Caltrans, we are at City Staff Cost. • The Police Department has received Homeland Security monies to purchase various supplies, equipment, and technology, increase revenue $20,000 with an increase of expenditures of $20,000 Wastewater - Operating
Wastewater (sewer fund 300) is funded with rate revenues and expenses are limited to operational activities.

Revenues were budgeted at $3,24,697 with expenses at $2,652,425, a difference of $2.3 million to be used reserved for unforeseen operational needs for Council to approve and future Capital Projects. Recall, that $1.2 million is included in the expenses to transfer out to the Capital Fund.

Actual expenses as of December 31, 2022, were $547,474 or 21% of budget. Actual Revenues were $1,608,794 or 50% of revenues. This is a positive difference of just over $1 million.

Expenses
Areas of note:
• Electricity is higher than anticipated, additional needs of $69,000 • Telephone increase is $3,000
Revenues
No concerns.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
Water – Operating
Water (fund 350) is funded with rate revenues and expenses are limited to operational activities.

Revenues were budgeted at $1,895,850 with expenses at $1,569,043, a difference of $326,807. Just as with Wastewater, these positive balances are to be used for unforeseen amendments needed and future capital.

Recall that $500,000 is included in the expenses to transfer out to the Capital Fund.

Actual expenses as of December 31, 2022, were $393,182 or 25% of budget. Actual revenues were $1 million or 53% of budget.

Expenses
Areas of note:
• Overtime is higher than anticipated. There have been breaks in the system that required all hands-on deck, additional needs of $3,000
• Electricity is higher than anticipated, additional needs of $20,000 • Chemicals are already at 103% for the year. This is a combination of supply chain issues causing spike in costs and increased need for chemical use, additional needs of $25,000 • Equipment/Maintenance has an unforeseen issue that will require and additional $20,000 Revenues
Areas to note:
• Late fees are 46% higher than anticipated, can increase revenue by $18,000 Capital Funds and Projects
Capital projects are slow to get going.
• One sewer project is still awaiting approval and the other is now in the design phase. • Roads projects had to await pavement management information and that was just identified. • The sign project is about to go out to bid
• The speed survey was completed and is under review
• The firehouse design is now underway
• The Angels Creek Trail is going through environmental and cultural • The Utica Park is moving to design and construction the second half of this fiscal year • Other projects will be defined upon approval of the Strategic Plan

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
Overall, the City budget is in a very good and healthy position.

Revenue Reviews
Staff will be working on getting a TOT audit, and that does look like it is underperforming compared to where it should be, based on increases in the rate not fully increasing equally. Airbnb will not contract with the City, and collection is based on the honor system to some degree.

Some fees specific to Building Permits are not recouping costs and those will need to be amended.

Staff are working on iWorQ to capture field work that can be billed out to ensure full costs are being recouped for private work.

FINANCIAL IMPACT
Only the General Fund is requiring increases. Water and Wastewater can internally adjust by reducing other expenses or transfers out to account for any budget needs.

ATTACHMENTS
Budget Adjustments – Internal
Budget Adjustments – Council 4/5
Resolution 23-21 Budget Adjustment
Report out only
Account Description Increase Decrease
010-3000-50001 Salaries Partime - Coverage for employee on leave 3,000 010-3000-50002 Overtime - Coverage for employee on leave 1,000 010-3000-50035 Benefit Admin Fee Retiree 860
010-3000-50051 Electricity 9,500
010-3000-50060 Copier - Just charged for past years of copies 5,000 010-3000-50068 Building Maint: Roof, water heater, fridge, lighting 5,000 010-3000-50069 Grounds Maint 500
010-3000-50106 OPEB Actuarial 2,100
010-3000-50315 Fees 40
010-3000-50000 Salaries - Savings 27,000
010-4000-50017 Leave payout - employee turnover 1,646
010-4000-50051 Electricity 150
010-4000-50056 Computers- needed to replace 1,500
010-4000-50000 Salaries - Savings 3,296
010-6000-50020 Medicare - Calculation correction 2,400
010-6000-50021 FICA - Calculation correction 11,918
010-6000-50051 Electricity 1,031
010-6000-50064 Unforeseen vehicle maint 6,000
010-6000-50073 SCBA Maint overage 1,000
010-6000-50350 Workers comp calculation correction 15,500 010-6000-50000 Salaries - Savings 37,849
010-6100-50016 K-9 Program 725
010-6100-50051 Electricity 2,526
010-6100-50056 Computers/Software 950
010-6100-50064 Unforeseen vehicle maint 5,000
010-6100-50074 Alarm - Maintenance and changes 2,226
010-6100-50000 Salaries - Savings 11,427
223-6010-50002 Strike Team OT 11,500
223-6010-50064 Veh Maint 6,496
223-6010-50072 Safety Equip 445
223-6010-51001 Capital Equipment 18,441
272-3002-50051 Electricity - for museum 6,200
272-3002-50111 Utilities for museum 4,400
272-3002-59999 Transfers Out 10,600
300-8000-50051 Electricity 70,000
300-8000-50053 Telephone 3,500
300-8000-50056 Needed computer replacement 3,400
300-8000-50078 Needed printer 650
300-8000-50081 Needed outside assistance 1,200
300-8000-50000 Salaries - Savings 30,000
300-8000-50025 Health Ins Savings 5,000
300-8000-50021 FICA Savings 3,000
300-8000-59999 Transfers Out 40,750
350-8001-50002 Overtime 5,000
350-8001-50056 Computer Replacement 1,700
350-8001-50078 Printer 321
350-8001-50081 Needed outside assistance 55
350-8001-50051 Electricity 13,500
350-8001-50153 Materials and Supplies 4,500
350-8001-50161 Chemicals 26,700
350-8001-50063 Unforeseen equipment maint 20,000
350-8001-59999 Transfers Out 71,776
Requires 4/5 Vote
Account Description Increase Decrease
010-6100-50072 Tactical Equipment 4,500
010-6100-50074 Security 2,600
010-6100-50072 MDT 1,800
010-6100-50056 Network Equipment 5,600
010-6100-44000 HSG 14,500
010-3000-40621 Unanticipated Admin Fee 561
010-3000-40714 Unanticipated Reimbursement 23,000
010-4000-40303 Unant. Building Permits 133,150
010-4000-40600 Unant. Permit Fees 81,740
010-6000-40704 Unant. Rental 3,120
010-6000-44000 Unant. Grant Income 9,620
010-6100-40704 Unant. Rental 3,120
010-6100-40714 Unanticipated Reimbursement 16,700
010-6100-44000 Unant. Grant Income 2,805
010-7010-40717 Unant. Park Rental 530
010-4000-50081 Addl Code Compliance 17,760
010-3000-30000 Fund Balance 17,760

CITY OF ANGELS

CITY COUNCIL
RESOLUTION NO 23-21
RESOLUTION AMENDING THE 2022/23 BUDGET FOR THE MIDYEAR ADJUSTMENTS WHEREAS, the City Council adopted Resolution #22-28, which adopted the budget for the Fiscal Year 2022/2023 and authorized spending totaling $14,875,922; and WHEREAS, the City Staff has recommended Amendments to the Budget attached to this resolution; and
WHEREAS, the City Council has reviewed these recommendations and wishes to approve this budget adjustment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Angels approves budget adjustments that will increase the expenditure authorization by $32,260 as follows:

Expenditures
Additional
Revenues
General
Fund Net
Effect
Other
Funds Net
Effect

1. General Fund 306,606 288,846 17,760 0
306,606 288,846 17,760 0
FURTHER BE IT RESOLVED that the City Council of the City of Angels approves a budget amendment of $32,260 increase to the General Fund.

DULY PASSED AND ADOPTED this 7th day of February 2023 by the following vote:

Ayes:

Noes:

Absent:

Abstain:
_______________________
Jennifer Herndon
Mayor
ATTEST:
______________________
Rose Beristianos
City Clerk

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Angels Camp City CouncilFebruary 7, 2023

Angels Camp City Council
February 7, 2023