Calimesa City Council
June 5, 2023

Regular Meeting of the Calimesa City Council & Successor Agency to the Calimesa Redevelopment Agency Monday, June 5, 2023

CALL TO ORDER
ROLL CALL: MAYOR DAVIS, MAYOR PRO TEM HEWITT, COUNCIL MEMBER CERVANTEZ, COUNCIL MEMBER MANLY AND COUNCIL MEMBER MOLINA.

STAFF: CITY MANAGER KOLBOW, CITY ATTORNEY BARROW, CITY CLERK

GERDES, FINANCE DIRECTOR REID, PLANNING DIRECTOR LUCIA, PUBLIC

WORKS ASSOCIATE ENGINEER SHAKIR, CITY ENGINEER THORNTON, FIRE CHIEF O’CONNELL AND SHERIFF SGT. GREENWALT.

PLEDGE OF ALLEGIANCE

APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF ORDINANCES This is the time for the City Council to notify the public of any changes to the agenda; remove items from the Consent Calendar for individual consideration or rearrange the order of the agenda. City staff may also request removal of an item from the Consent Calendar for individual discussion, or notify the public that an agenda item may be taken off the agenda, postponed or continued. Waiver of full reading of ordinances does not take policy action or approve or disapprove any ordinances on the agenda, it simply means that the entire text of the ordinance will not be read.

RECOMMENDATION: Move to approve the agenda
Motion________________________ Second_______________________ Vote___________________________ Regular Meeting of the Calimesa City Council & Successor Agency to the Calimesa Redevelopment Agency
Meeting Agenda
Monday, June 5, 2023 – 6:00 p.m.

Norton Younglove Multipurpose Senior Center
908 Park Avenue, Calimesa, CA 92320
William Davis, Mayor  Wendy Hewitt, Mayor Pro Tem
Jeff Cervantez, Council Member  John Manly, Council Member  Linda Molina, Council Member Will Kolbow, City Manager  Quinn Barrow, City Attorney The Calimesa City Council will be conducting this meeting in the Norton Younglove Senior Center. Members of the public may attend this meeting in person at the Norton Younglove Senior Center, 908 Park Avenue, Calimesa, CA 92320, or the public may view the City Council meetings live at https://www.facebook.com/cityof.calimesa or https://www.youtube.com/@calimesacity900/live beginning at 6:00 p.m.

Submission of Public Comments: If attending the meeting, public comment will be allowed by completing a speaker slip and providing it to the City Clerk at the meeting. Please observe a time limit of three (3) minutes when giving your presentation. When called upon, please step forward to the microphone, state your name for the record, whom you represent and any statement you wish to make. Please be advised that you may not defer your three (3) minutes to another speaker.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Clerk’s Office, (909) 795-9801. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Any public writings distributed by the City to at least a majority of the Council Members regarding any item on this regular meeting agenda will be made available at the public counter at City Hall located at 908 Park Avenue, Calimesa, CA 92320.

Regular Meeting of the Calimesa City Council & Successor Agency to the Calimesa Redevelopment Agency Monday, June 5, 2023

PRESENTATIONS
Certificate of Appreciation – Leilani Powell, Student – Yucaipa High School AIM Pathway Program

COMMUNICATIONS FROM THE PUBLIC
Pursuant to the Brown Act, this is the opportunity for members of the public to directly address the Council on any item within the Council’s subject matter jurisdiction, including items on the agenda. Please note that this is also the time in which members of the public may address the Council on any item on the Consent Calendar. This is not the time for City Council discussion of non-agenda items. After receiving public comments, Council Members, or staff, after being recognized by the Mayor, may briefly respond to statements made by the public or questions posed by the public. In addition, Council Members may ask questions for clarification or make a referral to staff for factual information to be reported back to the Council at a later meeting.

CONSENT CALENDAR (Items 1 – 8)
The following items on the Consent Calendar are routine and customary items and are enacted by a single motion, with the exception of items previously removed during “Approval of the Agenda” for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.

RECOMMENDATION: Move to approve the Consent Calendar
Motion________________________ Second_______________________ Vote___________________________

1. APPROVAL OF CITY COUNCIL ACTION MINUTES.
a) City Council action minutes of a regular meeting of May 15, 2023. b) City Council action minutes of special budget workshop of May 22, 2023

2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
a) There are no minutes ready for approval at this time.

3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $998,185.17 (Check Nos. 40347 to 40434) b) May 25, 2023 Payroll of $98,227.51
June 1, 2023 Council Payroll of $1,683.75

4. RESOLUTION OF INTENTION TO CERTIFY SOLID WASTE DELINQUENT ACCOUNT LIEN LIST.

RECOMMENDATION: That the City Council adopt Resolution No. 2023-25 A Resolution providing a Notice of Intention to set the time and place for a Public Hearing on July 17, 2023 at 6:00 p.m. regarding forwarding amounts remaining unpaid on the Solid Waste Lien List to the County of Riverside for addition to the 2023-2024 property tax rolls as special assessments.

5. CITY OF CALIMESA – RIVERSIDE COUNTY ADVANCED LIFE SUPPORT FIRST RESPONDER PROGRAM OPERATING AGREEMENT.

RECOMMENDATION: That the City Council adopt Resolution No. 2023-26, a Resolution of the City Council of the City of Calimesa, California approving an agreement between the City and Riverside County Emergency Medical Services Authority Advanced Life Support First Responder Program Operation Agreement and rescind and replace Resolution 2022-63 in its entirety

6. RESOLUTION NO. 2023-27 OPPOSING ASSEMBLY BILL 742.

RECOMMENDATION: That the City Council adopt Resolution No. 2023-27, A Resolution of the City Council of the City of Calimesa opposing Assembly Bill 742 which, if passed, would greatly restrict the ability of California law enforcement organizations to utilize police canines as a nonlethal force option.

Regular Meeting of the Calimesa City Council & Successor Agency to the Calimesa Redevelopment Agency Monday, June 5, 2023

7. PURCHASE OF ASPHALT MAINTENANCE TRAILER
RECOMMENDATION: That the City Council approve the purchase of a 2.5-ton asphalt maintenance trailer from Concord Road Equipment, Inc. in the amount of $30,902.98

8. ON-CALL ASPHALT REPAIR SERVICES.

RECOMMENDATION: That the City Council award a contract with B-81 Paving, Inc for on-call asphalt repair services with the annual not to exceed amount of $35,000

SHERIFF CAPTAIN COMMENTS & REPORTS

FIRE CHIEF COMMENTS & REPORTS

MAYOR & COUNCIL MEMBER REPORTING OF COUNTY & REGIONAL MEETINGS/CONFERENCES This is the time for comments, announcements and/or reports on meetings attended at public expense as required by AB 1234.

CONVENE JOINT CITY COUNCIL AND SUCCESSOR AGENCY TO THE CALIMESA

REDEVELOPMENT AGENCY MEETING

JOINT CC-CSA BUSINESS ITEMS
JM1. JOINT MEETING FOR ADOPTION OF THE BUDGET FOR FISCAL YEAR 2023-2024 FOR THE CITY OF CALIMESA AND THE CALIMESA SUCCESSOR AGENCY.

RECOMMENDATION:

1. That the City Council adopt Resolution 2023-28, a Resolution of the City Council of the City of Calimesa, California, establishing the Fiscal Year 2023-2024 Appropriation Limit; and

2. That the City Council adopt Resolution 2023-29 a Resolution of the City Council of the City of Calimesa, California, adopting the Calimesa FY 2023-24 General Fund Operating Budget, Special Fund Budget, Capital Improvement Program and Cost Allocation Plan; and Amending the FY 2022-23 Budget document; and

3. That the Calimesa Successor Agency adopt CSA Resolution 2023-01, a Resolution of the Board of Directors of the Successor Agency to the Calimesa Redevelopment Agency Adopting the Proposed Calimesa Successor Agency Budget for Fiscal Year 2023-24.

ADJOURN THE SUCCESSOR AGENCY TO THE CALIMESA REDEVELOPMENT AGENCY AND

RECONVENE CITY COUNCIL
MAYOR & COUNCIL MEMBERS’ COMMENTS & REPORTS
This is the time for additional general comments, announcements, reports on meetings attended at public expense as required by AB 1234, requests of staff, and other issues of concern to Council Members may be presented briefly at this time. The Council may not legally take action on any item presented at this time other than to direct staff to investigate a complaint or place an item on a future agenda unless (1) by a majority vote, the Council determines that an emergency situation exists, as defined by Government Code § 54956.5 or (2) by a four-fifths vote, the Council determines that there is a need for immediate action and the need for action arose subsequent to the agenda being posted as required by Government Code § 54954.2(b).

CITY MANAGER COMMENTS & REPORTS

Regular Meeting of the Calimesa City Council & Successor Agency to the Calimesa Redevelopment Agency Monday, June 5, 2023

CLOSED SESSION ITEMS
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: APN 410-030-049, 410-030-050, 410-030-051 and 410-030-052, South Side of County Line Road, 79.78 feet west of 3rd Street Calimesa, CA City Negotiators: Will Kolbow. Negotiating Parties: Billy W. Simmons and Monte Vista Medical Center.

Under Negotiations: Price and Terms for acquisition of property by City

B CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 301 West County Line Road, Calimesa, CA City Negotiators: Will Kolbow.

Negotiating Parties: 7-Eleven Inc., A Texas Corporation Under Negotiations: Price and Terms for acquisition of property by City

ADJOURNMENT
Adjourn to the Regular Meeting of the City Council on Monday, June 19, 2023 at 6:00 p.m.

City Council Meeting
Agenda Report
Agenda Item No. 1
SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES
MEETING DATE: June 5, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the Regular City Council meeting of May 15, 2023 and the Special Budget Workshop meeting of May 22, 2023.

ATTACHMENTS:

Attachment A: City Council action minutes of May 15, 2023 regular meeting.

Attachment B: City Council Special Budget Workshop action minutes of May 22, 2023.

City Council Meeting
Agenda Report
Agenda Item No. 2
SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES
MEETING DATE: June 5, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk There are no minutes ready for approval at this time.

City Council Meeting
Agenda Report
Agenda Item No. 3
SUBJECT: APPROVAL OF WARRANT REGISTER
MEETING DATE: June 5, 2023
PREPARED BY: Celeste Reid, Finance Director
RECOMMENDATION: That the City Council approve the Warrant Register as presented.

SUMMARY: The attached Check Register Report for City Council’s approval is as follows:
a) Check Register Report with a total of $998,185.17 (Check Nos. 40347-40434) b) May 25, 2023 Payroll of $98,227.51
June 1, 2023 Council Payroll of $1,683.75

City Council Meeting
Agenda Report
Agenda Item No. 4
SUBJECT: RESOLUTION OF INTENTION TO CERTIFY SOLID WASTE DELINQUENT ACCOUNT LIEN LIST.

MEETING DATE: June 5, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council adopt Resolution No. 2023-25, A Resolution providing a Notice of Intention to set the time and place for a Public Hearing on July 17, 2023 at 6:00 p.m. regarding forwarding amounts remaining unpaid on the Solid Waste Lien List to the County of Riverside for addition to the 2023-2024 property tax rolls as special assessments.

DISCUSSION: Due to the need for the City to be in compliance with AB939, mandatory trash collection has been implemented citywide. In 1996, the City of Calimesa entered into an agreement with Cherry Valley Sanitation Service, Inc. for the collection, transportation, recycling, composting and disposal of solid waste and construction debris and for providing temporary bin/roll-off services in the City of Calimesa. On November 1, 2003 the Solid Waste Franchise Agreement was transferred from Cherry Valley Sanitation, Inc. to CR&R Incorporated. The current franchise agreement with CR&R, Inc. commenced April 1, 2008.

Chapter 8.30 of Title 8 of the Calimesa Municipal Code provides for the collection of solid waste delinquent accounts through liens on real property. Section 8.30.560 states that the City Council shall fix a time, date and place for a hearing and report any objections or protests thereto. The attached Resolution No. 2023-xx sets the time and place for a public hearing on July 17, 2023 at 6:00 p.m.

CR&R, Inc. has indicated that the current proposed lien list represents all delinquent cases where the property owner has been made aware of the service or was the person subscribing to the service. In addition to the regular billing process, each property owner and service subscriber appearing on the proposed lien list will receive a letter describing the status of their account and notice of the public hearing date. It is expected that the list will consist of approximately delinquent accounts, including both residential and commercial customers. At the City Council meeting of July 17, 2023, staff will present the final lien list for certification. Any property owner who has not made appropriate arrangements for payment with CR&R, Inc. will be included on this list. However, the deadline for making any such arrangements will be 5:30 p.m. on July 11, 2023 in order to accommodate those cases that may not be resolved in the property owner’s favor at the final protest hearing.

FISCAL IMPACT: The direct costs associated with collecting delinquent accounts through the lien provisions are borne by CR&R, Inc. In addition, the City will collect $25.00 per each delinquent account certified and presented for the property tax roll to cover any administrative costs incurred by the City.

There is no further fiscal impact.

ATTACHMENTS:

Attachment A: Resolution No. 2023-25

RESOLUTION NO 2023-25

A RESOLUTION OF THE CITY COUNCIL OF CITY OF CALIMESA,

CALIFORNIA PROVIDING NOTICE OF INTENTION TO FORWARD AMOUNTS

REMAINING UNPAID ON THE CERTIFIED SOLID WASTE LIEN LIST TO THE COUNTY OF RIVERSIDE FOR ADDITION TO THE 2023-2024 PROPERTY

TAX ROLLS AS A SPECIAL ASSESSMENT AND ORDERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO.

WHEREAS, Chapter 8.30 of Title 8 of the Calimesa Municipal Code provides for collection of solid waste delinquent accounts through liens on real property, and further by annually forwarding amounts remaining unpaid to the County of Riverside for addition to the property tax rolls as a special assessment; and
WHEREAS, the City Council will hold a public hearing on the certified solid waste lien list on July 17 2023, whereby any and all persons having objections to the assessment may appear and show cause why said assessment should not be levied.

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

Section 1. That the assessment shall be collected at the time and in the same manner as County taxes are collected.

Section 2. That a report shall be filed with City Council which shall annually conduct a hearing at which each delinquent party shall have an opportunity to protest and explain why their delinquency should not appear on the list to be certified.

Section 3. That the hearing for fiscal year 2023-2024 assessments will be held on the 17 th day of July 2023, at the hour of 6:00 p.m. in the Norton Younglove Multipurpose Center, 908 Park Avenue, in the City of Calimesa and any and all persons having any objections to the assessment may appear and show cause why said assessment should not be levied.

Section 4. That published notice shall be made at least ten days prior to the date of hearing.

PASSED, APPROVED AND ADOPTED this 5
th day of June 2023.
_______________________________

WILLIAM DAVIS, MAYOR
ATTEST:
____________________________________

DARLENE GERDES, CITY CLERK
Attachment 4A

City Council Meeting
Agenda Report
Agenda Item No. 5
SUBJECT: CITY OF CALIMESA – RIVERSIDE COUNTY ADVANCED LIFE

SUPPORT FIRST RESPONDER PROGRAM OPERATING

AGREEMENT
MEETING DATE: June 5, 2022
PREPARED BY: Tim O’Connell, Fire Chief
RECOMMENDATION: That the City Council adopt Resolution No. 2023-26, a Resolution of the City Council of the City of Calimesa, California approving an agreement between the City and Riverside County Emergency Medical Services Authority Advanced Life Support First Responder Program Operation Agreement and rescind and replace Resolution 2022-63 in its entirety.

BACKGROUND: On December 20, 2021, the Calimesa City Council directed staff to begin conducting the required process to transition the City of Calimesa Fire Department, from a Basic Life Support (BLS) service provider to an Advanced Life Support (ALS) Paramedic service provider.

Fire Department staff, under the direction of the City Fire Chief, have been actively procuring the required training, equipment, operating and governance requirements, in order to comply with the application process as required under the direction of the local Emergency Medical Services Authority also known as Riverside County Emergency Medical Services Authority (REMSA) to facilitate this service upgrade.

DISCUSSION: This operating agreement stipulates adherence with the tenants and governance requirements to provide Advanced Life Support (ALS) services in compliance with the relevant state and local requirements as defined by California Health and Safety Code Section 1797.218 and California Code of Regulations, Title 22, and the County of Riverside Ordinance No. 756, pertaining to the authorization and criteria to provide paramedic services and designate ALS First Responders.

At the November 7, 2022 meeting, Council adopted Resolution 2022-63 approving the operating agreement. However, the Riverside County Emergency Medical Services Authority(REMSA) requested a change to Section 4 – Term of the operating agreement extending the term. Therefore, the requested change will reflect an amendment to extend the operating agreement from July 1, 2023, through July 1, 2028, for a period of five (5) Years. Resolution No. 2023-26 will rescind and replace Resolution No. 2022-63 and approve the operating agreement reflecting the change to Section 4-Term.

FISCAL IMPACT: This Operating Agreement does not realize a fiscal impact.

ATTACHMENTS:

Attachment A: Advanced Life Support First Responder Agreement Attachment B: Council Resolution 2023-26

Calimesa ALS First Response #EM-23-110
1 ADVANCED LIFE SUPPORT (ALS) FIRST RESPONDER AGREEMENT

BY AND BETWEEN THE

CITY OF CALIMESA AND COUNTY OF RIVERSIDE
This Advanced Life Support (“ALS”) First Responder Agreement (“Agreement”) dated July 1, 2023 INSERT (“Effective Date”), is hereby made and entered into by and between the City of Calimesa (“City”), a municipal corporation organized under the laws of the State of California, and the County of Riverside (“County”), a political subdivision of the State of California, on behalf of its Riverside County Emergency Medical Services Agency (“REMSA”). City and County are sometimes individually referred to as “party” and collectively as “parties.” County and REMSA are sometimes referred to interchangeably.

RECITALS
A. Pursuant to the California Health and Safety Code, Division 2.5, the Local Emergency Medical Services Agency (“LEMSA”) has the exclusive authority to determine the providers of ALS services within its jurisdictional limits, and to determine emergency ambulance service operating areas within such jurisdictional limits, subject to certain statutory exceptions. In addition, Health and Safety Code section 1797.218; California Code of Regulations, Title 22, sections 100145, 100146, 100166, 100168 and 100170; and the County of Riverside Ordinance No. 756 give REMSA exclusive authority to authorize and establish criteria for an ALS program, which provides services utilizing paramedics, and to designate ALS First Responders and ALS Ambulance Providers.

B. Nothing in this Agreement shall be construed to abrogate or diminish any rights either party may have under the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (“EMS Act”), Health and Safety Code section 1797 et seq., prior to the effective date or after the termination of this Agreement.

C. Definitions: The definitions set forth in Exhibit A shall apply to this Agreement.

D. The purpose of this Agreement is:

1. Subject to the terms and conditions set forth herein, to authorize City as a provider of ALS First Responderservices within City’s jurisdictional boundaries, as they exist now or may be modified in the future, hereafter referred to as the “Calimesa Operating Attachment 5A

Calimesa ALS First Response #EM-23-110
2 Area,” and other areas of Riverside County as needed for mutual aid requests, plans and/or agreements.

2. To assure the ALS First Responder services supplied by City are integrated into the County EMS system and codified in the County’s EMS Plan in compliance with medical control policies, protocols and procedures established by REMSA and in compliance with State, County and local laws.

OPERATIVE PROVISIONS
Now therefore, for good and valuable consideration the adequacy of which the parties acknowledge, the parties agree as follows:

Section 1. County’s Authorization of City as an ALS First Responder Service Provider.

County hereby authorizes City to provide ALS First Responder Services in the Calimesa Operating Area, and it shall be so codified in the County’s EMS Plan. County also authorizes ALS First Responder Services to other areas of Riverside County as needed for mutual aid requests, plans and/or agreements. County further agrees to be bound by, implement and perform the Operational Standards applicable to the County as set forth in Exhibit B.

Section 2. City’s Obligation as an ALS First Responder Service Provider.

As a condition for County’s authorization to City to provide ALS First Responder Services in the Calimesa Operating Area, City represents and agrees:
a. That such services will be performed in accordance with all applicable federal, state, and County laws, rules, regulations, and REMSA protocols, policies, and procedures(the current version and future revised versions of the REMSA Policy Manual are available at www.remsa.us/policy) which directly relate to ALS First Responder Services, including but not limited to, the requirements set forth in Exhibit B – Operational Requirements and Exhibit C – ALS Service Provider Standards of this Agreement;
b. To cooperate with REMSA’s representativesrelating to City’s performance as an ALS Service Provider and REMSA’s oversight for the County’s EMS system including, but not limited to, the utilization and submittal of required patient care, continuous quality improvement and operational

Calimesa ALS First Response #EM-23-110
3 performance reports, and cooperating with REMSA investigations of EMS related incidents; c. That it shall not be entitled to, or demand, any compensation from County for services rendered pursuant to City’s designation as an ALS Service Provider as stated in this Agreement; and d. That it will cooperate and participate with REMSA and other EMS System participants, subject to adequate available City funding, to achieve the goals and objectives of the EMS System Strategic Plan.

Section 3. Modifications
The parties agree that obligations as set forth in Exhibit B and Exhibit C may be modified by written agreement of City Manager and REMSA’s EMS Administrator, or as applicable under law by update or implementation of REMSA policies, protocols and procedures.

Section 4. Term.

The term of Agreement shall begin when this Agreement is executed by the parties and shall continue until July 1, 2028, Thereafter, this Agreement shall be extended automatically to coincide with time extensions of the Agreement between the County and American Medical Response (“AMR”) for ground emergency ambulance transport service effective July 1, 2015.

Section 5. Termination.

Notwithstanding the foregoing term, this Agreement may be terminated at an earlier time as follows:
a. Immediately by REMSA upon written notice for non-compliance with the provisions of this Agreement or violation of REMSA protocols, policies, procedures or operational agreements. b. By either party upon ninety (90) days’ written notice to the other party; or c. Both parties may agree in writing to terminate this Agreement in a mutually satisfactory manner.
d. In the event of any termination of this Agreement, both parties shall retain any rights they had under the EMS Act prior to entering into the Agreement.

Calimesa ALS First Response #EM-23-110
4 Section 6. County Authority
City understands, acknowledges and agrees that it shall not, during the term of this Agreement and for a period of six (6) months thereafter, initiate or participate in initiating any lawsuit which challenges the County’s exclusive authority or County’s right to award an Exclusive Operating Area (“EOA”) Agreement for the Southwest EOA without competitive process pursuant to Health and Safety Code section 1797.224.

Section 7. County Authority in the Southwest Exclusive Operating Area (EOA) Pursuant to its authority under Health and Safety Code Section 1797.224, the County has entered into an agreement with AMR through which it has granted exclusive authority to provide ground ALS emergency ambulance transport services within the Southwest EOA. Nothing in this Agreement shall be construed in any manner to abrogate or diminish this grant of authority for the Southwest EOA or AMR’s qualifications to receive such exclusive authority under existing law.

Section 8. Independent Contractor Status
Each party shall be solely responsible for its own employees. Each party shall pay all wages, salaries, overtime, benefits and other amounts due to their own personnel pursuant to applicable law and in connection with all services under this Agreement. Each party shall be responsible for all reports and obligations respecting their own personnel, including, but not limited to, social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Employees or agents of one party shall not be deemed employees of the other for any purpose. Each party shall defend, indemnify and hold harmless the other party from and against all expenses or liabilities of any kind arising from or incident to any claim by any employee of the indemnifying party or any governmental agency relating to wages, salaries, overtime, benefits or other obligations of the indemnifying party to any employee thereof.

Section 9. Notices
All notices permitted or required under this Agreement shall be given to the respective parties at the following addresses, or at such other addresses as the respective parties may provide in writing for this purpose:

Calimesa ALS First Response #EM-23-110
5 City: City of Calimesa
908 Park Avenue
Calimesa, CA 92320
Attn: City Manager
With a copy to:

City of Calimesa
908 Park Avenue
Calimesa, CA 92320
Attn: Fire Chief
County: Riverside County EMS Agency
450 E. Alessandro Blvd.

Riverside, California 92508
Attn: EMS Administrator
With a copy to:

Office of County Counsel
3960 Orange Street, STE 500
Riverside, CA 92501
Attn: Deputy County Counsel
Such notices may be provided by personal delivery, by first class mail, by express delivery or by facsimile transmission. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

Section 10. Cooperation and Further Acts
The parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

Section 11. Non-Discrimination
City agrees to not discriminate in the provisions of services, allocation of benefits, accommodation of facilities, or employment of personnel, on the basis of ethnic group or gender identification, race, color, creed, ancestry, religion, national origin, sexual preference, sex, age (over 40), marital status, medical condition, physical or mental handicap, or any other class

Calimesa ALS First Response #EM-23-110
6 protected by applicable federal, state, or local law, including County of Riverside Board Policy No.

A-73, and agrees to comply with all requirements of the law regarding non-discrimination.

Section 12. Hold Harmless/Indemnification
City shall indemnify and hold harmless County, its special districts and agencies, including their officers, employees and representatives (collectively “County Indemnitees”) from any liability, claim, damage or action related to or arising from any activities of City, its officers, employees or representatives arising out of or in any way related to its involvement with this Agreement, including but not limited to property damage, personal injury or death. City shall defend County Indemnitees at its sole expense, all costs and expenses including, but not limited to, attorneys’ fees, investigation costs, settlements or awards in any claim or action for which indemnification is required.

Section 13. Insurance
Without limiting or diminishing the City’s obligation to indemnify or hold the County harmless, City shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverages during the term of this Agreement. As respects to the insurance section only, the City herein refers to the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.

A. Workers’ Compensation:

If the City has employees as defined by the State of California, the City shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. The City provides a self-insured program to twenty-five thousand dollars ($25,000). Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than one million dollars ($1,000,000) per person per accident. The policy shall be endorsed to waive subrogation in favor of the County of Riverside.

B. Commercial General Liability:

Commercial General Liability insurance coverage, including but not limited to, premises

Calimesa ALS First Response #EM-23-110
7 liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of City’s performance of its obligations hereunder. Policy shall name the County as Additional Insured. The City is a member of the California Intergovernmental Risk Authority’s (CIRA) selfinsured general liability program which provides one million dollars ($1,000,000) liability limits The City’s insurance coverage has no general aggregate limit and the Policy’s limit of liability shall not be less than three million dollars ($3,000,000) per occurrence combined single limit.

If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.

C. Professional Liability
City shall maintain Professional Liability Insurance, under the City’s General Liability coverage and separate Professional Liability is not provided for the City’s performance of work included within this Agreement, with a limit of liability of not less than two million dollars ($2,000,000) per occurrence and four million dollars ($4,000,000) annual aggregate. If City’s Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and City shall purchase at his sole expense either 1) an Extended Reporting Endorsement (also, known as Tail Coverage); or 2) Prior Dates Coverage from new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that City has maintained continuous coverage with the same or original insurer.

Coverage provided under items; 1), 2), or 3) will continue if the law allows.

Failure on the part of City to produce or maintain required insurance or the selfinsurance program shall constitute a material breach of this Agreement upon which County may immediately terminate or suspend this Agreement.

D. Cyber Liability
Provider shall procure and maintain for the duration of the Agreement insurance against claims for injuries to person or damages to property which may arise from or in connection with the performance of the work hereunder by Provider, its officers, agents, representatives, or employees. Provider shall procure and maintain for the duration of the Agreement insurance claims arising out of their services and including, but not limited to loss,

Calimesa ALS First Response #EM-23-110
8 damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data. Such Cyber Liability Insurance shall have limits of not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Provider in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

E. General Insurance Provisions - All lines:
1) The City is a member of the California Intergovernmental Risk Authority (CIRA) as a joint powers authority and is not subject to AM Best ratings. 2) The City must declare its insurance self-insured retention for each coverage required herein. The City provides a self-insured program to ten thousand dollars ($10,000). If any such self-insured retention exceeds five hundred thousand dollars($500,000) per occurrence each such retention shall have the prior written consent of the County Risk Manager before the commencement of operations under this Agreement. Upon notification of self-insured retention unacceptable to the County, and at the election of the County’s Risk Manager, City’s carriers shall either; 1) reduce or eliminate such self-insured retention as respects this Agreement with the County, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.
3) City shall cause City’s insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments

Calimesa ALS First Response #EM-23-110
9 thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. City shall not commence operations until the County has been furnished original Certificate(s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and all other attachments as required in this Section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance.
4) It is understood and agreed to by the parties hereto that the City’s insurance shall be construed as primary insurance, and the County’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.
5) If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of work; or, the term of this Agreement, including any extensions thereof, exceeds five (5) years; the County reserves the right to adjust the types of insurance and the monetary limits of liability required under this Agreement, if in the County Risk Manager's reasonable judgment, the amount or type of insurance carried by the City has become inadequate. 6) City shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.

Calimesa ALS First Response #EM-23-110
10 7) The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the County.
8) City agrees to notify County of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.

Section 14. Entire Agreement; Amendments
This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

Section 15. Governing Law
This Agreement shall be governed by the laws of the State of California. Venue shall be in a court of competent jurisdiction in Riverside County, and the parties waive any provision of law providing for a change of venue to another location.

Section 16. Successors and Assigns
This Agreement shall be binding on the successors and assigns of the parties.

Section 17. Assignment or Transfer
No party shall assign, hypothecate, subcontract or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the other party.

Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

Section 18. Construction, References and Captions
Since the parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to any party shall include all officials, officers, employees and agents of that party, except as otherwise specified in this Agreement. The

Calimesa ALS First Response #EM-23-110
11 captions of the various sections are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

Section 19. Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give any other party any contractual rights by custom, estoppel, or otherwise.

Section 20. No Third Party Beneficiaries
There are no third party beneficiaries of any right or obligation assumed by the parties.

Section 21. Invalidity and Severability
If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. In addition, if any portion of this Agreement is declared to be invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, or is otherwise deemed to be such by legal counsel for the parties to this Agreement, the parties shall use their reasonable best efforts to amend this Agreement to remove the inappropriate provision(s); provided, however, that if the amendment cannot be made in a manner which preserves all essential parts of the consideration for any party, such party may terminate this Agreement as soon as is reasonably practicable or as required by law.

Section 22. Authority to Execute Agreement
Each party warrants it has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party also warrants that the individuals who have signed this Agreement have the legal power to make this Agreement and bind each respective party hereto.

Section 23. Counterparts and Signatures
This Agreement may be executed in any number of counterparts, each of which will be an

Calimesa ALS First Response #EM-23-110
12 original, but all of which together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Civ. Code, §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time.

The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
(Signatures on next page)

Calimesa ALS First Response #EM-23-110
13 Approved:

COUNTY: CITY:

Signature: _________________________ Signature: _________________________ Print Name: __Kevin Jeffries _________ Print Name: _ Will Kolbow ___________ Title: Chair, Board of Supervisors ___ Title: _ City Manager_________________ Dated: ____________________________ Dated: ____________________________ ATTEST:

Kimberly Rector
Clerk of the Board
By:______________________________
Deputy
APPROVED AS TO FORM:

Minh C. Tran
County Counsel
By:______________________________
Melissa R. Cushman
Deputy County Counsel

Calimesa ALS First Response #EM-23-110
14 Exhibit A
Definitions

1. Advanced life support (ALS) - Shall mean special services designed to provide definitive prehospital emergency medical care including, but not limited to, cardiopulmonary resuscitation, cardiac monitoring, cardiac defibrillation, advanced airway management, intravenous therapy, administration of specified drugs, and other medicinal preparations, and other specified techniques and procedures administered by authorized personnel under the direct supervision of a base hospital or utilizing approved prehospital treatment protocols or standing orders as part of the local EMS system at the scene of an emergency, during transport to an acute care hospital or other approved facility, during inter-facility transfers, and while in the emergency department of an acute care hospital until responsibility is assumed by the emergency department or other medical staff of that hospital (Health & Safety Code).

2. ALS Emergency Ambulance Providers – Shall mean providers of ALS emergency ambulance services who have been authorized to operate within an area defined by the county EMS Plan.

3. Emergency Ambulance Services – Shall mean ambulance services at any REMSA-authorized level (ALS, LALS or BLS) provided in response to 9-1-1 and seven digit or ten-digit requests for emergency medical service through an authorized Public Safety Answering Point (PSAP) or emergency calls received directly by the City.

4. Emergency Ambulance – Shall mean an ambulance permitted pursuant to Riverside County Ambulance Ordinance No. 756 and operated by a REMSA-authorized EOA or Non-EOA emergency ambulance provider as identified in the County EMS Plan.

5. ALS First Responders – Shall mean non-ambulance fire department paramedic units that have been authorized by and meet REMSA policies to provide ALS services.

6. Emergency Medical Services (EMS) – Shall mean the services utilized in response to a medical emergency.

7. EMS Plan – Shall mean a plan for the delivery of emergency medical services consistent with state guidelines and approved by the EMS Authority pursuant to the California Code of Regulations, Title 22.

8. EMS Quality Improvement Program (EQIP) – Shall mean system-wide quality improvement planning and activities as stated in the plan submitted by REMSA and approved by the California EMS Authority pursuant to the California Code of Regulations, Title 22.

Calimesa ALS First Response #EM-23-110
15 9. County EMS System or EMS System - Shall mean the specifically organized system which provides for the personnel, facilities, and equipment for the effective and coordinated delivery of EMS services within the county.

10. EMS System Strategic Plan – Shall mean the strategic plan developed by REMSA with input from EMS system stakeholders. The plan is accessible at http://remsa.us/documents/plans/140923FINALEMSSystemStratPlan.pdf.

11. Exclusive Operating Area (EOA) – Shall mean an area or subarea defined by the County EMS Plan for which REMSA, upon recommendation of the County, restricts operations to one or more emergency ambulance services or providers of limited advanced life support (LALS) or advanced life support (ALS) pursuant to the Health and Safety Code, Division 2.5, 1797.224. a. Southwest EOA shall be the area as identified by the map attached as Exhibit D.

12. Calimesa Operating Area – Shall mean the area or subarea defined by the County EMS plan that has been designated by REMSA for the provision of ALS First Responder services by the City pursuant to the terms of this Agreement.
a. The Calimesa Operating Area shall be the area as identified by the map attached as Exhibit E.

Calimesa ALS First Response #EM-23-110
16 EXHIBIT B

OPERATIONAL REQUIREMENTS
City shall:

1. Annually provide County with a map which outlines the Calimesa Operating Area and provide County with notice of any changes to the Calimesa Operating Area and updated maps reflecting changes that have occurred.

2. Provide continuous twenty-four (24) hour per day Advanced Life Support (ALS) Emergency Ambulance Services for their designated service area as described in number 1 above, and as updated annually by mutual agreement.

3. Comply with County’s requirements for the implementation of Quality Improvement Program (QIP), including the designation of a qualified person to supervise the QIP.

4. Appoint City’s Fire Chief, or his/her designate, as ALS Program Coordinator to serve as a liaison with County and other County EMS system service providers, and to act on City’s behalf in the administration of this Agreement.

5. Comply with REMSA system protocols, policies, procedures and performance standards (the current version and future revised versions of the REMSA Policy Manual are available at:
http://www.remsa.us/policy/).

6. Notify County in a timely manner of significant or continuing service performance problems, including but not limited to: (1) base hospital complaints; (2) changes in the status of certified/accredited personnel (e.g., termination, classification, etc.); (3) changes in station location(s); (4) radio frequency interference which causes operational problems; (5) and local emergencies/disasters which causes operational problems.

7. Ensure all appropriate employees and agents hold necessary certification, licenses, or accreditation and maintain the records of such that they comply with all training requirements as required by applicable state and federal law, regulation, policy and protocol.

8. Meet the ALS Service Provider Standards as stipulated in Exhibit C of this document or as they may be subsequently established or modified from time to time by REMSA policy.

9. Strive to ensure a positive, communicative and effective working relationship with County and partner agencies.

Calimesa ALS First Response #EM-23-110
17 County shall:

1. Provide City with adopted protocols, policies and procedures relating to emergency medical care, and agrees to provide City with any revisions or additions following approval by the County;

2. Involve City in the County’s EMS Quality Improvement Program (EQIP).

3. Communicate as necessary with City’s Provider Medical Advisor, ALS Program Coordinator and/or Fire Chief.

4. Assign one or more base hospitals to City’s ALS program according to REMSA policies and procedures.

5. Schedule mutually acceptable periodic visits by County staff with City’s staff to ensure compliance with local polices and/or procedures related to the Agreement which fall within the jurisdiction of REMSA.

6. Strive to ensure a positive, communicative and effective working relationship with City.

7. Designate the City as an authorized ALS First Responder and emergency ambulance Provider in the County’s EMS Plan.

8. Notify the City of any proposed or required changes to the County EMS plan and provide the city an opportunity to provide input prior to submission; and

9. Subject to adequate available funding, provide the approved electronic patient care report (ePCR) software to the city.

Calimesa ALS First Response #EM-23-110
18 EXHIBIT C

ADVANCED LIFE SUPPORT (ALS) SERVICE PROVIDER STANDARDS

1. Medical Control
Overall medical control of Emergency Medical Service (EMS) provider personnel shall be according to the policies and procedures of the REMSA Medical Director. On-line medical direction shall be provided to EMS provider personnel by Base Hospital physicians or mobile intensive care nurses according to the policies and procedures of the Riverside County EMS Agency (REMSA) Medical Director. Retrospective medical control shall be provided according to the standards set for by the REMSA Medical Director through EMS Quality Improvement Programs (EQIP) – California Code of Regulations, Title 22, Section 100400), including continuing education programs, conducted cooperatively by the City, REMSA, and the Base Hospitals.

2. Training/Education/Certification/Accreditation/Reverification All paramedic personnel employed or utilized by City must be accredited by REMSA to practice within Riverside County.
a. Field Training Officers
City agrees to designate enough field training officers who shall function as trainers and perform other duties on behalf of City.
b. Continuing Education Records
The City agrees to maintain records of continuing education for its EMS employees for a minimum of four (4) years.
c. Field Care Audits
The city agrees to work cooperatively with the Hospitals and REMSA in identifying educational opportunities, assisting with field care audits, continuing education classes and programs.
d. Mandatory Education for Local Paramedic Accreditation and EMT Certification The city agrees to cooperate fully with REMSA to notify and ensure completion by paramedics and EMTs of mandatory education programs.
e. EMS Quality Improvement Program (EQIP) Specialty Education Programs.

The City agrees to ensure through its EQIP program that all personnel meet REMSA policy requirements for First Responder and Transportation Services. Competency and performance based continuing education/training shall be developed and implemented as identified by the City and REMSA (EQIP).

Calimesa ALS First Response #EM-23-110
19 3. Paramedic Interview by REMSA
City will cooperate fully with County in the coordination of any interviews of an employee of City by REMSA subject to applicable laws.

4. Paramedic Preceptors
City agrees to cooperate with REMSA and REMSA-approved paramedic training programs to participate in the preceptor program. The City’s preceptor program shall provide adequate, as determined by REMSA, paramedic field internship positions in support of REMSA approved programs. Preferential placement for paramedic field internship shall be provided to REMSA approved Community College Programs.

5. Preventative Health Care Immunizations
City agrees to make available to prehospital personnel, at no cost to the employee the following immunizations and communicable disease testing:
a. Tuberculosis PPD test semi-annually
b. Hepatitis B
c. Influenza immunizations annually
d. Measles Mumps and Rubella (MMR)
e. Varicella (Chickenpox)
f. Tetanus, Diphtheria and Pertussis (TDaP)

6. Infection Control
City agrees to have written infection control policies and procedures approved by the County Health Officer or his/her designee. Testing and counseling services shall be provided to employees at no cost for employees exposed to serious infectious diseases. The City agrees to report any known employee exposures to serious infectious diseases to the County Health Officer or his/her designee. The city is required to specify a Designated Officer who will be the point of contact for suspected exposures.

7. Key Personnel
City agrees to have key personnel in the following functions. Personnel assigned these functions shall be submitted in writing to REMSA within sixty (60) days of signing of Agreement. City is not required to have an employee solely dedicated to each function. Key job functions shall be the following:
a. ALS Program Coordinator - appoint an appropriate individual to serve as a liaison with REMSA and other County EMS system service providers and represent City in the administration of this Agreement.
b. Quality Improvement Plan (QIP) Coordinator/Officer- responsible for the QIP. This individual will ensure core values and standards of care are maintained by all ALS

Calimesa ALS First Response #EM-23-110
20 personnel. This individual will be responsible for investigating clinical issues per the approved QIP plan and the policies, procedures and protocols of REMSA as approved by the REMSA Medical Director.
c. Paramedic Education/Training Coordinator/Officer- City agrees to designate a paramedic who shall function as the trainer/evaluator as described in their approved EQIP plan. This individual will provide for all in-house primary and continuing education/training.
d. Infection Control Officer - City agrees to designate an individual as the point of contact to work cooperatively with the medical/health community to ensure appropriate follow-up and documentation of employee and patient exposures.

8. Patient Medical Records, EMS System Data Submission and Research The city willingly agrees to complete a patient care report for every EMS response utilizing the REMSA approved electronic patient care report (ePCR) that includes integration of Computer Aided Dispatch (CAD) data. The city also agrees to provide data as reasonably requested by REMSA for focused CQI audits and collaborate with REMSA on approved research projects.

9. System Wide Integrated Education Training
City agrees to work with REMSA, Base Hospitals, paramedic education/training programs and other ALS providers to develop and implement education/training initiatives designed to improve the continuity of patient care and interoperability amongst EMS system partners.

10. Confidentiality
City agrees to have a program for maintaining confidentiality of protected patient healthcare information consistent with the requirements of HIPAA and REMSA policy.

Calimesa ALS First Response #EM-23-110
21 EXHIBIT D

MAP OF SOUTHWEST EXCLUSIVE OPERATING AREA (EOA)

Calimesa ALS First Response #EM-23-110
22 EXHIBIT E

MAP OF CANYON LAKE OPERATING AREA

RESOLUTION NO. 2023-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA, CALIFORNIA, APPROVING AN AGREEMENT

BETWEEN THE CITY AND RIVERSIDE COUNTY EMERGENCY

MEDICAL SERVICES AUTHORITY ADVANCED LIFE SUPPORT

FIRST RESPONDER PROGRAM OPERATING AGREEMENT AND
RECINDING AND REPLACING RESOLUTION NO. 2022-63 IN ITS
ENTIRETY.

WHEREAS, the City of Calimesa is a California municipal corporation located in the County of Riverside, State of California; and WHEREAS, the City of Calimesa City Council directed Fire Department staff (Chief) to transition from a Basic Life Support (BLS) service provider to an Advanced Life Support (ALS) paramedic pre-hospital care provider.

WHEREAS, the City desires to enter into an Operating Agreement with Riverside County Emergency Medical Services Authority (REMSA) for the purposes of (ALS) program operating and governance requirements as stipulated and required by relevant State Codes and County Ordinances pertaining to ALS Paramedic Program services.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:

Section 1 The City Council of the City of Calimesa does hereby approve the following documents: (a). Advanced Life Support (ALS) First Responder Agreement by and Between the City of Calimesa and County of Riverside (b).

Exhibit A, Definitions (c). Exhibit B Operational Requirements (d). Exhibit C Advanced Life Support (ALS) Service Provider Standards (e). Exhibit D Map of Southwest Exclusive Operating Area (f). Exhibit E Map of City of Calimesa Operating Area.

Section 2 The City Manager for City of Calimesa is hereby authorized to execute the Agreement and other documents specified in Section 1 of this Resolution on behalf of the City of Calimesa.

PASSED, APPROVED, and ADOPTED this 5
th day of June 2023.
________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
___________________________

DARLENE GERDES, CITY CLERK
Attachment 5B

City Council Meeting
Agenda Report
Agenda Item No. 6
SUBJECT: RESOLUTION NO. 2023-27 OPPOSING ASSEMBLY BILL 742 MEETING DATE: June 5, 2023
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council approve Resolution No. 2023-27, A Resolution of the City Council of the City of Calimesa opposing Assembly Bill 742 which, if passed, would greatly restrict the ability of California law enforcement organizations to utilize police canines as a nonlethal force option.

BACKGROUND: Assembly Bill (AB) 742 (as amended on May 18, 2023) effectively defines the use of a police canine as deadly force; only when there is an imminent threat to death or serious bodily injury (although the language used in AB 742 is more narrow than existing law on deadly force).

Although the original draft simply banned all use of police canines, the current version of AB 742 represents almost a complete ban on the use of police canines, negating their significant role in deescalation and officer safety.

DISCUSSION: AB 742 restricts the use of canines in the following ways:

1. Prohibits the use of an unleashed canine for arrest or apprehension unless “the person is being pursued for a felony that threatened or resulted in the death of or serious bodily injury to another person and the person poses an imminent danger of death or serious bodily injury to the officer or to another person.”

2. Prohibits use for crowd control at any assembly, protest, or demonstration.

3. Prohibits canines from being used to bite in any circumstance unless there is “an imminent threat of death or serious bodily injury to the officer or another person by the person against whom the canine is used.”

4. AB 742 also specifies that any death or serious bodily injury caused by the canine shall be considered deadly force and be attributable to the canine’s handler.

5. Finally, AB 742 does allow the use of canines for search and rescue, explosive detection, and narcotics detection that do not involve biting.

There are several major concerns with AB 742 as currently drafted, including the following:

1. Statistics consistently show canine deployments result in compliance and/or surrender of a suspect in over 90% of cases, and multiple court decisions have argued against defining canines as deadly force, as they do not pose a substantial risk to death or serious bodily injury.

2. In restricting canines to deadly force situations, the bill effectively bans their use to de-escalate situations (since their only deployment would be when threats are imminent), or to search for suspects lying in wait to ambush an officer.

3. Under AB 742 an officer could not use a canine off the leash to search for a suspect if there is even a chance of a bite. As such, K9s could not be used against a suspect hiding in a warehouse, field, crawl space, attic, or in any situation where there is not an imminent threat.

4. AB 742 does not include the “reasonable officer” standard used in existing deadly force laws, and as such would allow any untrained person to surmise what was, or was not, an imminent threat.

5. AB 742 also does not include the fleeing felon exception from existing deadly force laws, and as such, restricts use against a fleeing felon unless the person poses an imminent threat, which is more restrictive than existing law governing the use of a firearm.

The City of Murrieta has requested that Riverside County cities oppose AB 742 for the reasons outlined. Additionally, the League of California has taken an opposition position on the bill. Although the City of Calimesa contracts with the Riverside County Sheriff’s Department, the Sherrif’s Department uses canines and the City has access to canine resources when needed.

For the reasons outlined above and in support of the law enforcement community, staff recommends the adoption of Resolution No. 2023-27. If approved by the City Council, a copy of the Resolution will be sent to Assemblymember Chris Holden, the chair of the Assembly Appropriations Committee, along with the City’s state legislative representatives.

FISCAL IMPACT: There is no fiscal impact associated with this Resolution.

ATTACHMENTS:

Attachment A: Resolution No. 2023-27

RESOLUTION NO. 2023-27

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA, CALIFORNIA OPPOSING ASSEMBLY BILL 742 WHICH, IF PASSED, WOULD

GREATLY RESTRICT THE ABILITY OF CALIFORNIA LAW ENFORCEMENT

ORGANIZATIONS TO UTILIZE POLICE CANINES AS A NON-LETHAL

FORCE OPTION
WHEREAS, on February 13, 2023, Assemblyman Corey Jackson (D-Moreno Valley) introduced California Assembly Bill 742 which, as amended on May 18, 2023 and if adopted, would greatly restrict the use of police canine units for apprehension and crowd control, as specified in the bill; and
WHEREAS, the City of Calimesa actively opposes California Assembly Bill 742 and considers the proposed bill an uninformed and counter-productive attempt to restrict a lawful, effective, and legitimate non-lethal force option throughout the State of California; and
WHEREAS, the City of Calimesa promotes an acute understanding of the importance of de-escalation techniques and advocates for effective de-escalation tools, including the use and presence of police canines in appropriate situations; and WHEREAS, the City of Calimesa advocates for and promotes the use of controlled and necessary non-lethal force options versus lethal force options when appropriate; and
WHEREAS, the City of Calimesa understands the incredible value of police canines and the invaluable non-lethal force option police canines provide for police officer’s in dangerous situations; and
WHEREAS, the City of Calimesa recognizes and declares that police canines are the only use of force that can be “re-called” or “called-off” after being deployed but prior to an apprehension if necessary.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS:

Section 1. Police canines provide an effective de-escalation tool and non-lethal force option for California law enforcement organizations.

Section 2. The City of Calimesa firmly opposes California Assembly Bill 742 and considers the proposed legislation irresponsible, counter-productive, and unnecessary.

Section 3. The City of Calimesa publicly voices said opposition to California Assembly Bill 742 and will work collaboratively with elected officials, the California Police Chief’s Association, the League of California Cities, and other like-minded organizations to advocate against the passage of California Assembly Bill 742.

Attachment 6A

PASSED, APPROVED AND ADOPTED this 5
th day of June, 2023.
_____________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________________

DARLENE GERDES, CITY CLERK

City Council Meeting
Agenda Report
Agenda Item No. 7
SUBJECT: PURCHASE OF ASPHALT MAINTENANCE TRAILER
MEETING DATE: June 5, 2023
PREPARED BY: Eric Williamson, Maintenance Supervisor
Margaret Monson, Director of Public Works
RECOMMENDATION: That the City Council approve the purchase of a 2.5-ton asphalt maintenance trailer from Concord Road Equipment, Inc. in the amount of $30,902.98.

DISCUSSION: Currently, the City of Calimesa Public Works Department services close to 43 miles of city streets. Staff has purchased various types of cold mix from multiple manufacturers to use for asphalt patching. While the manufacturers claim cold patching is a permanent fix, this has not been staff’s experience.

Larger patch jobs are done with hot mix. Staff purchases this product from a company in Fontana.

This material must be called in for pick up the day prior to the day of work and must be used in a timely manner. With the limited resources that the Public Works Department is already experiencing, this makes this task very difficult. Depending on the weather, staff has about two hours from pickup to use the material. After that, the material starts to harden and is no longer pliable unless it’s reheated. The City currently does not have the equipment needed to reheat.

In the time period of July 2022 through March 2023, the City purchased roughly $7,500.00 in cold mix product to meet the high demand of repairs in our streets. It averages $1,263.00 per one and a half tons of material where the hot mix averages $65.00 a ton. Also, staff is required to purchase liquid asphalt material to help the bonding process between the street and the new material staff is applying. Currently staff can only get this material in 5-gallon buckets as the City does not have the equipment to be able to dispense larger quantities from buying in bulk. It costs on average $106.00 for every 5 gallons of this liquid bonding agent.

Procuring this asphalt trailer will save the City a significant amount of money annually and allow staff to work more efficiently. This unit can be prepped the night before with material inside and be ready to handle multiple repairs the next morning. Also, when doing repairs around the city, this unit will keep the material to an adequate temperature to apply it at any time throughout the day if the unit continues to run. The trailer has a 35-gallon tack (liquid asphalt bonding agent) tank which staff will be able to apply to repairs through a spray wand.

Staff solicited quotes from 3 different suppliers, with the lowest quote received from Concord Road Equipment, Inc. in the amount of $30,902.98.

FISCAL IMPACT: The approved FY 2022-23 General Fund budget has a sufficient balance available for this purchase.

ATTACHMENTS:

Attachment A: Concord Trailer Quote
Attachment B: Craftco Quote
Attachment C: Falcon Quote

Quote
Part # Description Qty Price Ea Ext Price
Quote Valid for 30 Days
Submitted To:

CALIMESA, CITY OF
908 PARK AVE
CALIMESA, CA 92320
Phone: (909) 795-9801 Fax:

Terms: COD
76672
Date:

End User:
5/22/2023
Attention: ERIC WILLIAMSON
Delivery:

County:

Acct Mgr:

Asphalt maintenance trailer, 2.5 ton asphalt capacity; single axle NATM CERTIFIED low profile, wide track trailer with heavy duty DUMPING material hopper, heated center bin linear tube and bin floor; heated front/rear/side interior walls that are all sloped inwards to assist in directing materials to rear shovel shelf / patch gate door. Material bin is fully insulated with high temperature/density blanket type insulation including top hinged loading doors, rear sliding twin patch gate door, front and rear walls, hopper sides, and hopper floor. Trailer includes one 7,000 pound capacity axles with rubber torsional type suspension and is equipped with standard electric brakes, automotive style rims and tires, front adjustable pintle lunette eye, 7000 pound capacity electric trailer jack, double acting electric hydraulic power unit and underbody scissor style hoist for material hopper, safety tow chains, rear bumper, full length sloped fenders, LED type stoptail-turn light, LED marker and ICC lights, alternating red/white reflective tape system, and license plate holder. Entire unit primed and painted gloss black. Heating/control system(s) not included, see below for heating /control system type and additional included options and accessories
AMT-2.5TD 1 $22,405.26 $22,405.26
BASE UNIT: Heating System- Single diesel fired 105k btu burner system: Digital thermostatic controller with auto ignite & outfire control, 30 gallon DOT approved fuel tank with level gauge.

Requires 12 volt power source.

DF-105AI-TC 1 $4,759.77 $4,759.77
OPTION: Auxiliary cold tack tank, un-insulated with NO heating system provision, 35-gallon, curb side mount with draw-off molasses valve for filling pour pots
AMT-35-S 1 $1,341.81 $1,341.81
OPTION: Self-contained 12 volt power source - includes deep cycle battery in poly vented enclosure, and 120 volt AC to 12 volt DC overnight trickle charger in steel vented enclosure.

AH-120-12PS 1 $1,004.81 $1,004.81
OPTION: Tool/shovel rinse tank installed at front of asphalt hauler trailer.

AH-TRT 1 $893.33 $893.33
OPTION: Lute/shovel storage rack, holds two tools installed on asphalt hauler trailer tongue.

AH-LSR 1 $354.19 $354.19
OPTION: Fire extinguisher, 5 lb ABC w/ mounting bracket, installed
AH-FE-5-ABC 1 $143.81 $143.81
Quote Total Price $30,902.98
Authorized by ____________________________________________________________ All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from the above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents, or delays beyond our control. Owner is to carry fire, tornado and other necessary insurance. Our workers are fully covered by Worker's Compensation. A 3% surcharge will be added to above total when paying by credit card.

JOSHUA MCDANIEL
Attachment 7A

Attachment 7B

CONTRACT
0524174-FRM DATE:

No.

USA
A
QTY. COST TOTAL
$ 45,944.00
1 $ 1,120.00
1 $ 6,825.00
SUBTOTAL $ -
TAX $ -
TOTAL $ -

REJUVENATOR HEATED SPRAY SYSTEM
TIRES 16" LOAD RANGE E - 8 BOLTS
SMART* TEMPERATURE CONTROLLER
FUEL GAUGE* | 8" X 16" HOPPER STEP | 5 POSITION TOOL HOLDER DUMP BOX -12V. ELECTRIC OVER HYDRAULIC

LOCAL SERVICE PROVIDER CHARGE - DELIVERY, WALK AROUND & POST SALE 3K# HOIST HEAVY DUTY
VALID FOR 30 DAYS ONLY!
ORDERED BY: AUTORIZED BY:

NOTES:
---- TWO YEAR MACHINE WARRANTY AND LIFETIME FRAME WARRANTY Erick Williamson
Ref:
2275 MILES H/S W/RAMP-SHIPPING/TRANSPORT/DELIVERY SOURCEWELL FLAT CHARGE - $3/MILE [email protected]
ADDRESS:
909 809 8714

ELECTRIC BRAKES WITH SAFETY BREAKAWAY

SINGLE DIESEL BURNER SYSTEM

LED LIGHTING - RED STOP / TAIL / TURN / AMBER STROB
FUEL: DIESEL

CITY OF CALIMESA
Erick Williamson
[email protected]
908 Park Ave.

Calimesa, Ca 92320
INCLUDED ACCESSORIES:

STANDARD 16' FRAME
MI10257
---- OPERATIONS MANUAL, PARTS AND SERVICE
*30GAL TACK TANK / 10GAL FLUSH TANK

SOURCEWELL QUOTE
5/12/23
2312052
ITEM

FREDDY BENITEZ

DESCRIPTION
DELIVERY DATE:
30 Days Net
CONDITIONS:

P.O. Box 44 - Salinas CA. 93902
CONTACT:

CLIENT: (323) 864-3350
**** Estimated ---- 100 DAYS BUILT / 10 DAYS DELIVERY
www.hemiequipment.com
FALCON - 2 TON ASPHALT HOT BOX TRAILER UNIT - DIESEL
COLOR: FALCON RED

TRIPLE WALL CONSTRUCTION AND FULLY INSULATED

DIAMOND TREAD PLATE HOPPER ACCESS PLATFORM

TANDEM AXLE (REQUIRED)
12V. BATTERY SRM29 | VOLTAGE INDICATOR PROTECTOR*
24"X24" PLATE COMPACTOR BASKET
*HONDA MOTOR / VIKING HL32 PUMP / REAR REEL AND HOSE

LED DIRECTIONAL ARROW BOARD
12 VOLT DC/DC REDUCER | VOLTMETER*
BATTERY CHARGER | FLAMING RIVER DISCONNECT | SOLAR BATT MAINTAINER SPARE TIRE WITH 16" RIM AND BRACKET - MOUNTED
7 DAY TIMER* | HOUR METER* | TEMPERATURE GAUGE*
HE10257-D
HEMI EQUIPMENT LLC - www.hemiequipment.com - Tel. (323) 864 3350 Attachment 7C

City Council Meeting
Agenda Report
Agenda Item No. 8
SUBJECT: ON-CALL ASPHALT REPAIR SERVICES
MEETING DATE: June 5, 2023
PREPARED BY: Mari Shakir, Associate Engineer
RECOMMENDATION: That the City Council award a contract with B-81 Paving, Inc for on-call asphalt repair services with the annual not to exceed amount of $35,000.

BACKGROUND: The Public Works department is responsible for the maintenance of approximately 43 miles of City streets. With the current resources available, in-house staff are limited to filling potholes and sinkholes. These are temporary fixes, with full repair involving full depth asphalt removals, saw cuts, compaction and two layers of asphalt – a base course and an asphalt cap. For these repairs, the City is required to utilize the services of a contractor. Since any public works project over $5,000 is required to go out to bid, it saves staff time and resources to have an on-call contract for these services.

Staff released a Notice Inviting Bids using a bid schedule based on quantities from a previous repair to determine the lowest bidder. As an on-call contract, exact quantities could not be specified. Any requested work will be paid at the unit price amount. Bids were received from B-81 Paving, Inc., Hardy & Harper, Inc., and Onyx Paving Company, Inc, with the B-81 being the lowest bidder in the amount of $9,500. The contract annual not to exceed amount is set at $35,000 which equates to a potential 3 repairs per year.

FISCAL IMPACT: The proposed Fiscal Year 2023-24 Public Works Department budget has a sufficient balance of $35,000 available for use of these services.

ATTACHMENTS:

Attachment A: Agreement

CITY OF CALIMESA

STATE OF CALIFORNIA

CONTRACT DOCUMENTS
FOR

ON-CALL ASPHALT REPAIR SERVICES
BID NO. 2023-03
PREPARED BY: APPROVED BY:
____________________ __________________
Mari Shakir Margaret Monson
Associate Engineer Public Works Director
City of Calimesa City of Calimesa
908 Park Ave. 908 Park Ave.

Calimesa, CA 92320 Calimesa, CA 92320
(909) 795-9801
Attachment 8A

i

TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS 1
SCOPE OF WORK 1
LIQUIDATED DAMAGES 1
DEPARTMENT OF INDUSTRIAL RELATIONS 1
PREVAILING WAGES 1
PAYROLL RECORDS 2
INSURANCE REQUIREMENTS 2
RETENTION 2
GENERAL INSTRUCTIONS 2
INSTRUCTIONS TO BIDDERS 4
PROPOSAL FORMS 4
PROPOSAL GUARANTEE (BID BOND) 4
NON-COLLUSION AFFIDAVIT 4
PROPOSAL BID SHEET 4
DELIVERY OF PROPOSAL 5
WITHDRAWAL OF PROPOSALS 5
IRREGULAR PROPOSALS 5
TAXES 5
DISQUALIFICATION OF BIDDERS 5
INTERPRETATION OF PLANS AND DOCUMENTS 6
ADDENDA OR BULLETINS 6
LEGAL RESPONSIBILITIES 6
AWARD OF CONTRACT 6
LABOR CODE 7
WORKER’S COMPENSATION CERTIFICATE 8
DRUG FREE WORKPLACE 8
ATTORNEY FEES 8
WORK PERFORMANCE 8
CLAYTON ACT AND CARTWRIGHT ACT 9
SUBSTITUTION OF SECURITIES 9
SUBLETTING AND SUBCONTRACTING 9
LICENSES AND PERMITS 9
PROPOSAL FORM 10
PROPOSAL FORM – BID SCHEDULE 12
TIME FOR COMPLETION 12
LIQUIDATED DAMAGES 13
UNIT PRICE PROPOSAL 13

ii

TABLE OF CONTENTS
BIDDERS BOND 15
LIST OF SUBCONTRACTORS 16
REFERENCES 17
NON-COLLUSION AFFIDAVIT 18
SECTION I – GENERAL PROVISIONS 19
1-1. SCOPE OF WORK 19
1-2. TERM 21
1-3. LOCATION OF WORK 21
1-4. STANDARD SPECIFICATIONS 21
1-5. WAGE RATES AND LABOR CODE REQUIREMENTS 22
1-6. INSURANCE REQUIREMENTS 23
SECTION 2 – SPECIAL PROVISIONS 27
2-1. TIME OF COMPLETION AND LIQUIDATED DAMAGES 27
2-2. SPECIFICATIONS 28
2-3. WORK SCHEDULE 28
2-4. BUSINESS LICENSE 28
2-5. ADDITIONAL WORK AND EXTRA WORK 28
2-6. INCREASED OR DECREASED QUANTITIES 29
2-7. INVOICING 29
2-8. PAYMENT 29
2-9. WARRANTY 29
SECTION 3 – CONSTRUCTION MATERIALS AND METHODS 30
3-1. REMOVAL AND DISPOSAL 30
3-2. SITE DESCRIPTION 30
3-3. SITE WALK-THROUGH 30
3-4. DIFFERING CONDITIONS 30
3-5. PERFORMANCE OF CONTRACTOR 30
APPENDIX “A” – CONTRACT AGREEMENT DOCUMENTS 32

City of Calimesa

CITY OF CALIMESA

NOTICE INVITING SEALED BIDS
FOR

ON-CALL ASPHALT REPAIR SERVICES
BID NO. 2023-03
PUBLIC NOTICE IS HEREBY GIVEN that the City of Calimesa, as City, invites sealed bids for the above stated project and will receive such bids in the offices of the Public Works Department at 908 Park Avenue, Calimesa, California, 92320, up to the hour of 2:00 PM, on Tuesday, the 16th day of May 2023, at which time they will be publicly opened and read aloud. A bid summary will then be prepared and posted for three (3) days. Award of the Contract will be made during a subsequent meeting of the City Council. Bid packages are available at no cost at the City’s web page: www.cityofcalimesa.net. To access the bid documents, select the “RFPs/Bids” link. If you have any questions regarding this matter, please contact Mari Shakir at (909) 795-9801. You may contact any reproduction company to download these documents for reproduction purposes at your cost.

Scope of Work
The City of Calimesa is seeking the services of an experienced and qualified licensed contractor for On-Call Asphalt Maintenance and Repair Services with proven expertise in asphalt maintenance and repairs working throughout the City in a scheduled and professional manner.

The City-wide asphalt repair and maintenance requires professional knowledge of the full range of asphalt repair & maintenance. The asphalt maintenance and repair activities encompass patch work, pavement failure repairs and replacement, maintenance, as well as emergency repairs. The selected contractor will work closely with the Public Works Department. The complete list of the scope of services and the requirements can be found in the specifications section of this document.

Liquidated Damages
There will be a Five Hundred Dollars ($500.00) assessment for each calendar day that work remains incomplete beyond the time stated in the Proposal Form. Refer to the Proposal Form for specific details.

Department of Industrial Relations
For all bid proposals submitted, Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the Department of Industrial Relations (DIR) before bidding on or performing any public works contract. A contractor or subcontractor will need to be registered with the DIR in order to be qualified to bid on, be listed in a bid proposal as a subcontractor or engage in any component of the work for a public works contract. Proof of current registration with DIR for the prime contractor and all listed subcontractors must be included in the bid. Failure to provide proof of registration with the DIR may result in the bid being considered nonresponsive.

Prevailing Wages

City of Calimesa
In accordance with the provisions of Section 1770 et. seq., of the Labor Code, the Director of the Industrial Relations of the State of California has determined the general prevailing rate of wages applicable to the work to be done.

The Contractor will be required to pay to all workers on the project sums not less than the sums set forth in the documents entitled “General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1”.

A copy of said document(s) is on file and may be inspected in the office of the Public Works Director, located at 908 Park Avenue, Calimesa, California, 92320.

Attention is directed to the provisions of Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor. The Contractor and any subcontractor under the Contractor shall comply with the requirements of said sections in the employment of apprentices.

Information relative to apprenticeship standards and administration of the apprenticeship program may be obtained from the Director of Industrial Relations, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

Payroll Records
The Contractor’s attention is directed to Section 1776 of the Labor Code, relating to accurate payroll records, which impose responsibility upon the Contractor for the maintenance, certification and availability for inspection of such records for all persons employed by the Contractor or by the subcontractors in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code.

Insurance Requirements
The Contractor shall provide insurance in accordance with these Specifications. In addition, the Contractor shall guarantee all workmanship for a period of one (1) year from the date the work was completed and provide a 15-year NDL warranty from the manufacturer. The Contractor’s sureties for the “Performance Bond” shall be liable for any work that the Contractor fails to replace within a specified time.

Retention
The contract documents call for monthly payments based upon the engineer’s estimate for the work completed. The City of Calimesa will retain five percent (5%) of each progress payment as security for completion of the balance of the work. At the request and expense of the successful bidder, the City will pay the amounts so retained upon compliance with the requirements of Public Contract Code Section 22300 and the provisions of the contract documents pertaining to Substitution of Securities.

General Instructions

City of Calimesa
Bids must be prepared on the approved proposal forms in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside: ATTN. PUBLIC WORKS DEPARTMENT, SEALED BID FOR ON-CALL ASPHALT REPAIR SERVICES NO. 2023-03.

The City of Calimesa reserves the right to reject any or all bids, to award each item separately, and/or waive any informality on any bid. No bid may be withdrawn for sixty (60) days after the time set for the opening thereof.

Failure by the successful bidder to enter into a contract with the City, or to deliver goods and/or services in accordance with the bid may result in a declaration by the City that the bidder is not a responsible bidder and elimination from consideration in future bidding.

At the time of contract award, the prime contractor shall possess the appropriate contractor’s license and/or any combination of specialty contractor’s license(s) sufficient to perform the work.

Dated this 12th day of April, 2023.

By: ______________________________________________
Margaret Monson
Public Works Director
City of Calimesa
907 Park Avenue, Calimesa, California 92320
(909) 795-9801

City of Calimesa

CITY OF CALIMESA

INSTRUCTIONS TO BIDDERS
FOR

ON-CALL ASPHALT REPAIR SERVICES
BID NO. 2023-03
Proposal Forms
Bids shall be submitted in writing on the proposal forms provided by the City. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The City will not consider any proposal not meeting these requirements.

Proposal Guarantee (Bid Bond)
Proposals must be accompanied by a proposal guarantee consisting of a certified check or bid bond payable to the City of Calimesa in the amount of ten percent (10%) of the total amount bid. Any proposal not accompanied by such a guarantee will not be considered. If a bidder to whom a contract is awarded fails or refuses to execute the contract documents or furnish the required insurance policies and bonds as set forth in those documents, the proposal guarantee shall be forfeited to the City. The proposal guarantees of all bidders will be held until the successful bidder has properly executed all contract documents.

Non-Collusion Affidavit
Bidder shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no officer, agent, or employee of the City is personally interested, directly or indirectly, in the proposal; that the proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that the proposal is in all respects fair and without collusion or fraud.

The Non-Collusion Affidavit shall be executed and submitted with the proposal.

Proposal Bid Sheet
Bidders shall give unit prices for each, and all of the items set forth. No aggregate bids will be considered. The bidder shall set forth for each item of work, in clearly legible figures, a unit item price and a total for the item in the respective spaces provided for this purpose.

The quantities listed in the Bid sheets are solely for determining the lowest bidder.

As an on-call based contract, actual quantities are unknown. In case of a variation between the unit price and the totals shown by the bidder, the unit price will be considered to be the bid. “Notice Inviting Sealed Bids” may be required to provide for the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated. No Bidder may withdraw his/her proposal for a period of sixty (60) days after the time set for opening thereof. However, the City will return all proposal guarantees within ten (10) days after the award of the contract or

City of Calimesa
rejection of the bids, as the case may be, to the respective bidders whose proposals they accompany.

Delivery of Proposal
Proposals may be mailed or delivered by messenger. However, it is the bidder’s responsibility alone to ensure delivery of the proposal to the hands of the City’s designated official prior to the bid opening hour stipulated in the “Notice Inviting Sealed Bids”. Late proposals will not be considered. Proposals shall be enclosed in a sealed envelope plainly marked on the outside: ATTENTION: PUBLIC

WORKS DEPARTMENT, SEALED BID FOR ON-CALL ASPHALT REPAIR SERVICES NO. 2023-03.

Mailed bids should be addressed as follows:

City of Calimesa
Attn. Public Works Department
908 Park Avenue
Calimesa, CA 92320
RE: ON-CALL ASPHALT REPAIR SERVICES PROJECT NO. 2023-03 Plainly mark the proposal bid title in the upper left-hand corner with “Sealed Bid”, the name and address of the bidder, and the contract being bid.

Withdrawal of Proposals
A proposal may be withdrawn by a written request signed by the Bidder. Such requests must be delivered to the City’s designated official prior to the bid-opening hour stipulated in the “Notice inviting Sealed Bids”. The withdrawal of a proposal will not prejudice the right of the Bidder to submit a new proposal, providing there is time to do so. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee.

Irregular Proposals
Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered.

Taxes
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts’ bid will be deemed and held to include any such taxes, which may be applicable.

Disqualification of Bidders
In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the Bidder will be disqualified.

City of Calimesa
This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one Bidder and, while doing so, may also submit a formal proposal as a prime contractor.

No contract will be executed unless the Bidder is licensed in accordance with the provision of the State Business and Professions Code.

Interpretation of Plans and Documents
If any person contemplates submission of a bid for the proposed contract and is in doubt as to the true meaning of any part of the services to be performed, they may submit a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery.

Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to be delivered to each person receiving a set of such documents. The Director will not be responsible for any other explanation or interpretations of the proposed documents.

Addenda or Bulletins
All Bidders are advised as to the possibility of issuance of addenda affecting the items, scope or quantity of the work required for this project. Each Bidder shall be fully responsible for informing themselves as to whether or not any such addends have been issued. The effect of all addends to the Contract Documents shall be considered in the bid and said addends shall be made a part of the Contract Documents and shall be returned with them. Failure to cover in a bid any such addenda issued may render the bid irregular and may result in its rejection by the City.

Legal Responsibilities
All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same are expressly referred to herein or not. Any Bidder submitting a proposal shall by such action thereby agree to each and all terms, conditions, provisions and requirements set forth, contemplated and referred to in the Contract Documents and to full compliance therewith.

Award of Contract
Following a review of the bids, the City shall determine whether to award the contract or to reject all bids. The award of contract, if made, will be to the lowest responsible Bidder as determined solely by the City. Additionally, the City reserves the right to reject any or all proposals, to accept any bid or portion thereof, to waive any irregularity, and to take the bids under advisement for the period of time stated in the legal notice inviting sealed bids, as may be required to provide for the best interests of the City. The Contractor’s original signature on the Bid Proposal Form shall constitute a commitment on the part of the Bidder to furnish the items as set forth in the Bid Proposal Form, the Instructions to Bidders, the Plans, the Special Provisions and the Notice Inviting Sealed Bids. The Bidder to whom the contract is awarded shall be notified upon approval of the contract by the City Council. The

City of Calimesa
Notice Inviting Bids, the Instructions to Bidders, the Bid Proposal Form, the Plans, Special Provisions and Standard Specifications, together with any attachments, shall be considered as part of the contract between the City and the Contractor to whom a Purchase Order is issued. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Bidder to whom the award is contemplated.

No Bidder may withdraw his/her proposal for a period of sixty (60) days after the time set for opening thereof. However, the City will return all proposal guarantees within ten (10) days after the award of the contract and execution of the contract documents or rejection of the bids, in as the case may be, to the respective bidders whose proposals they accompany.

In order to demonstrate that the Contractor can properly fulfill all of the services and conditions of the specifications, the Contractor shall meet the following criteria:

1. The Contractor shall have satisfactorily performed other contracts of a similar nature and magnitude and shall have been in business at least five (5) years.

2. The Contractor shall have the requisite organization of skilled and experienced workers under its direct employment and supervision.

Labor Code
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California (herein referred to as Labor Code) the City has obtained the general provisions rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type or worker needed to execute the contract from the Director of the Department of Industrial Relations.

These rates are on file with the Clerk of the City.

Travel and subsistence payments to each worker needed to execute the work shall be made as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Section 1773.1 of the Labor Code.

The Contractor shall comply with the provisions of Section 1774 of the Labor Code.

Failure to comply with the subject section will subject the Contractor to penalty and forfeiture provisions of Section 1775 of the Labor Code. Pursuant to the provisions of Section 1770 of the Labor Code, the general prevailing rate of wages has been ascertained (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of worker concerned.

The City will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its bid, and will not, under any circumstances, be considered as the basis of a claim against the City on the contract. The Contractor and subcontractors shall comply with Section 1777.6 of the

City of Calimesa
Labor Code which stipulates that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age of such employee, except as provided in Section 3077 of the Labor Code.

Worker’s Compensation Certificate
Section 3700 of the Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self-insure from the State Director of Industrial Relations. In accordance with this section and with Section 1861 of the Labor Code, the Contractor shall sign a Compensation Insurance Certificate, which is included with the Contract Agreement, and submit the same to the City along with the other required contract documents, prior to performing any work. Reimbursement for this requirement shall be considered as included in the various items of work.

Drug Free Workplace
Contractor agrees to comply with the City’s Drug Free Workplace Policy.

Attorney Fees
In the event of any action between City and Contractor seeking enforcement of any of the terms and conditions of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, reasonable costs and expenses and reasonable attorney’s fees.

Arbitration
All claims, disputes, and other matters in question between the parties to this agreement arising out of, or relating to, this Agreement or the breach thereof, may be decided by arbitration if the parties mutually agree. No consolidation, joinder or in any other manner, any additional person not an arbitration arising out of, or relating to, this Agreement shall include, by party to this Agreement except by written consent containing a specific reference to this Agreement and signed by the Construction Manager, the owner and any other person sought to be joined. Any consent to arbitration involving an additional person or persons shall consent to arbitration of any dispute not described therein or with any person not named or described therein. This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this agreement shall be specifically enforceable.

Notice of request for arbitration shall be filed in writing with the other party to this Agreement, and a copy shall be filed with the Architect. The request shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceeding based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations.

Work Performance

City of Calimesa
All work shall be conducted and completed in accordance with all current, applicable state and federal laws, including, but not limited to Labor Code Sections 1770 et. seq. where applicable; local laws, ordinances and regulations; and all maps, plans and specifications on file with the City. Where any such construction has been partially completed prior to this Agreement, Contractor agrees to complete them in accordance with this paragraph.

Clayton Act and Cartwright Act
Section 4552 of the State Government Code specifies that in executing a public works contract with the City to supply goods, services or materials, the Contractor or Subcontractor offers and agrees to assign to the City all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to the contract or subcontract.

This assignment shall become effective when the City tenders final payment to the Contractor without further acknowledgment by the parties.

Substitution of Securities
In conformance with the State of California Public Contract Code Section 22300, the Contractor may substitute securities for any funds withheld by the City to ensure performance under the contract.

At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a State or Federally chartered bank as the escrow agent who shall pay such funds to the Contractor upon notification by the City of Contractor’s satisfactory completion of the contract. The type of securities deposited, and the method of release shall be approved by the City Attorney’s office.

Subletting and Subcontracting
Pursuant to the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the Public Contract Code), bidders are required to list in their proposal the name and location of place of business of each subcontractor who will perform work or labor or render services in or about the project of the work or improvement or a subcontractor who specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications in excess of ½ of 1% of this prime contractor’s total bid. Failure to list a subcontractor for a portion of the work means that the prime contractor will do that portion of the work. It is the Agency’s intent for the Subletting and Subcontracting Fair Practices Act to apply to all phases of the work.

Licenses and Permits
The Contractor shall have in full force and effect all licenses required by law for the performance of the services described in the scope of work for the entire duration of the project. The Contractor shall obtain a City Business license and any required building permits prior to the City issuing the notice to Proceed. The current annual fee for a Business License is Fifty-Two Dollars ($52.00).

City of Calimesa

CITY OF CALIMESA

PROPOSAL FORM
FOR

ON-CALL ASPHALT REPAIR SERVICES
BID NO. 2023-03
Bidder’s Name:
______________________________________________________________________ TO CITY OF CALIMESA, as CITY:

In accordance with City’s “Notice Inviting Sealed Bids,” the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor and incidentals required for the above stated project as set forth in the Contract Documents and to perform all work in the manner and time prescribed.

BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders and Contract Documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with the City at the unit and/or lump sum prices set forth in the following Proposal Bid Sheet. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of the Bid Bond accompanying this proposal.

BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.

BIDDER agrees and acknowledges that he/she is aware of the provisions of Section 3700 of the Labor Code which requires 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 that the BIDDER will comply with such provisions of that code before commencing the performance of this Contract if awarded it.

BIDDER certifies to be properly licensed by the State of California as a contractor to perform work of this specialty. The undersigned agrees to furnish the City satisfactory proof of ability to perform the work, as well as records of performance of similar jobs completed recently, if and when requested to do so by the Public Works Director.

BIDDER agrees that the insurance and bonding requirements set forth can and will be fulfilled.

BIDDER certifies that in all previous contracts and subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

City of Calimesa
BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent or employee of the City is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.

BIDDER certifies that affirmative action has been taken to seek out and consider disadvantaged business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been carefully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder.

Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.

City of Calimesa
Liquidated Damages
Time is of the essence on this contract, and should the Contractor fail to finish the work on or before the time stated above, the Contractor shall be charged by the City, as liquidated and ascertained damages, the sum of Five Hundred Dollars ($500.00) for each calendar day extension of time duly granted in the manner and for the causes specified in the Special Provisions) it being hereby expressly impracticable and extremely difficult to fix the actual damage which would or will be suffered in the event that the Contractor should fail fully to complete the work within the time specified, and it would be further agreed that the charges per day as aforementioned shall be reasonable and proper in premise. The amount so charged shall be deducted by the City from any monies which otherwise are, or become, payable to the Contractor.

Unit Prices Proposal
Unit prices in each and every case shall represent a true unit price used in preparing the bid schedule totals (PROPOSAL FORM). Unit prices listed herein shall include all material, installation and appurtenant work as is necessary to have the item complete and in place, meeting the full intent of plans and specifications. Unbalanced unit prices including additive alternates shall be sufficient cause for rejection of the bid. The purpose of the unit pricing is for bid evaluation and changes in the work during construction.

The undersigned hereby declares that the cost of all necessary items for completion of this project are included in the unit prices quoted, all incidentals have been taken into consideration even though said incidentals are not specifically listed in the specifications or shown on the plans. The undersigned is likewise aware of the fact that distances, quantities and other estimated figures appearing on the plans or mentioned in the specifications or on the Proposal Form are only approximate and declares that the unit prices shown above for the various items of work are based on distances and quantities calculated as the result of actual measures performed at the site project.

City of Calimesa

SPECIFICATIONS
SECTION 1 – GENERAL PROVISIONS
FOR

ON-CALL ASPHALT REPAIR SERVICES
BID NO. 2023-03
1-1. Scope of Work

1. A list of locations for repairs will be provided to the Contractor by the City with a minimum of one ton worth of hot asphalt mix.

2. Contractor must provide services within ten (10) days after being notified that asphalt repair services are needed.

3. Contractor shall provide all tools and equipment necessary to patch potholes including, but not limited to, shovels, rakes, leaf blowers, brooms, and hand tamps.

The contractor will be required to pick-up and haul materials to the job site.

4. The Contractor shall provide the bituminous tack coat material. The tack coat material shall be non-diluted, Grade SS1h in compliance with Section 94, “Asphaltic Emulsions,” of the Caltrans Standard Specification. The Contractor shall provide a certificate of compliance for this material upon request. Materials equal or better may be considered.

5. Contractor shall provide all tools, equipment and materials necessary to repair asphalt subsidence areas including, but not limited to, shovels, excavation equipment, leaf blowers, brooms and hand tamps. The contractor will be required to pick-up and haul all necessary materials to the job site.

6. The Contractor shall conduct these road repair operations in a manner that causes minimum obstruction and inconvenience to the Public. The Contractor’s traffic control shall be in compliance with the latest edition of the California Manual on Uniform Traffic Control Device (CA MUTCD) guidelines.
a. A traffic control plan shall be submitted and approved prior to commencing any repairs.

7. Asphalt pavement repair services include, but are not limited to addressing or conducting the following:
a. Pavement subsidence
i. Compaction reports showing 95% compaction achievement are to be provided for both subgrade and asphalt sections.

1. Compaction reports shall be required for replacement areas of 500 square feet or greater.

2. Over-excavation shall be on an as-needed basis.
b. Potholes
c. AC berm repair
d. Alligator cracking
i. Compaction reports showing 95% compaction achievement are to be provided for both subgrade and asphalt sections.

City of Calimesa

1. Compaction reports shall be required for replacement areas of 500 square feet or greater.

8. The Contractor shall keep a daily log of the repair operations including personnel names, hours worked at each location and the quantity of asphalt material used.

This information shall be provided to the City at the completion of each workday.

The Contractor shall also provide a name and phone number of a supervisor who can be reached at any time by the City. The Contractor's supervisor will be responsible for the completion of the daily log. The City will monitor the progress and perform daily inspections. Work will be evaluated for quality and consistency.

Any work not meeting the above-mentioned standards and specifications will be corrected at the Contractor’s expense.

9. The Contractor shall abide by all applicable local, state and federal laws and regulations for working in the road right of way and shall also comply with all related Cal/OSHA safety regulations and requirements.

10. Pavement distress repairs shall include removal of materials, hole preparation, labor, all other materials, tools and equipment necessary. Subgrade or base material is to be compacted to 95% before installation of new pavement. The Contractor shall remove all loose material prior to patching the potholes. The pothole areas shall be shaped evenly with sloping sides to the depth of the patch.

The bottom and sides shall be sprayed with the tack coat material (Grade SS1h) at a rate of 0.2 gal/yd2. All material shall be removed and disposed of by the Contractor. Disposal cost shall be included in the bid price.

11. Bid Price shall include per ton of material in place. All tonnage shall be confirmed per the tonnage slips from the asphalt plant. Asphalt shall be:
a. Asphalt Cap: Type III C-3 PG 64-10
b. Base Course: Type III B-2 PG 64-10

12. Replaced pavement sections are to match the existing.

13. Bid Price shall include removals, hauling and disposal fees.

14. Bid Price shall include the replacement of any striping and raised pavement markers that were removed in the repair areas. Such replacement materials shall be like-in-kind.

15. The Contractor shall compact the material and ensure finished patch shall have a minimum of 1/4-inch crown for anticipated settlement and to reduce the chances of water ponding.

City of Calimesa
1-2. Term
The term of the executed Agreement shall be from July 01, 2023, to June 30, 2026, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
1-3. Definitions
Whenever in the Standard Specifications, the following terms are used, they shall be understood to mean the following:

Agency: The City of Calimesa
Board: The Mayor and Council for the City of Calimesa
Director: The Public Works Director for the City of Calimesa.

Laboratory: The laboratory to be designated by the City of Calimesa to test materials and work involved in the contract.

Notice Advertising for Bids: Notice Inviting Bids.

Standard Specifications: Standard Specifications for Public Works Construction
Other terms appearing in the Standard Specifications and these Special Provisions, shall have the intent and meaning specified in Section 1-2, “Definitions”, in the Standard Specifications.
1-4. Location of Work
Within the Calimesa City limits.
1-5. Standard Specifications
The Standard Specifications of the Agency are contained in the most current edition of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, LATEST EDITION “GREENBOOK”, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher: Building News, Incorporated, P.O. Box 3031 Terminal Annex, Los Angeles, California 90051. Phone: 213-202-7775.

The Standard Specifications set forth above will control the general provisions for this Contract except as amended by the Plans, Special Provisions, or other contract documents.

The Section Numbers of the following Special Provisions coincide with those of the said Standard Specifications. Only those Sections requiring amendment or elaboration or specifying options are called out. In case of conflict between the Standard Specifications and the Special Provisions, the

City of Calimesa
Special Provisions shall take precedence over, and be used in lieu of, such conflicting portions.

References in the Special Provisions to Standard Plans shall mean the Standard Plans for the City of Calimesa or another governing agency as specified. Applicable Standard Plans for this project are contained in Appendix A of these Specifications.

Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place and that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Contract.
1-6. Wage Rates and Labor Code Requirements
Wage Rates
The Contractor and all Subcontractors shall be required to adhere to the general prevailing rate of per diem wages as determined and published by the State Director of the Department of Industrial Relations, pursuant to Sections 1770, 1773 and 1773.2 of the California Labor Code. Copies of these rates and the latest revisions thereto are on file in the Office of the Clerk of the Agency and are available for review upon request.

Attention is directed to the provisions of Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the State Labor Code. Sections 1774 and 1775 require the Contractor and all Subcontractors to pay not less than the prevailing wage rates to all workers employed in the execution of the Contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and Subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location.

Apprentices
Section 1777.5 requires the Contractor or Subcontractor(s) employing tradesmen in any apprentice able occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project and which administers the apprenticeship program if Contractor employees registered apprentices or journeypersons in any apprentice able trade and if other contractors on the public works site are making such contributions.

Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards.

Clayton Act and Cartwright Act

City of Calimesa
Section 4552 of the State Government Code specifies that in executing a public works contract with the Agency to supply goods, services or materials, the Contractor or Subcontractor(s) offers and agrees to assign to the Agency all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C., Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from the purchase of goods, services or materials pursuant to the contract or subcontract. This assignment shall become effective when the Agency tenders final payment to the Contractor without further acknowledgment by the parties.
1-7. Insurance and Indemnification Requirements
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 work hereunder by the Contractor, his agents, representatives, employees or subcontractors.

Indemnification
The Contractor shall indemnify and save harmless the City of Calimesa, from all claims or suite for damages arising from the performance of the contract work, as more fully described in the Section titled “Contractor’s Liability and Indemnification.” The Contractor agrees to protect, defend and indemnify the City of Calimesa against loss, damage or expense by reason of any suit claims, demands, judgments and causes of action caused by the Contractor, its employees, agents or any subcontractor, or by any third party arising out of, or in consequence of, the performance of all, or any, operations covered by the Certificate of Insurance. The Contractor, at its option, may include such coverage under Public Liability coverage.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage [Occurrence Form CG 00 01].

2. Insurance Services Office Form Number CA 0001 [Ed. 1/87] covering Automobile Liability, Code 1 [any auto].

3. Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance.

4. Professional Liability (if Design/Build).

5. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards).

Minimum Limits of Insurance

City of Calimesa
Contractor shall maintain limits no less than:

1. General Liability: $2,000,000 per occurrence for products and completed operations, property damage, bodily injury and personal & advertising injury. If Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

4. Professional Liability: $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

5. Contractors’ Pollution Legal Liability: $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as insured’s with respect to liability arising out of automobiles owned, leased, hired or borrowed by, or on behalf of, the Contractor; and with respect to liability arising out of work or operations performed by, or on behalf of, the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance, or as a separate owner’s policy.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

City of Calimesa

4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

Course of construction policies shall contain the following provisions:

1. The City shall be named as loss payee.

2. The insurer shall waive all rights of subrogation against the City.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-VIII.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City’s forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor.

All coverage for subcontractors shall be subject to all the requirements stated herein.

Contractor’s Liability and Indemnification
The City of Calimesa, the City Council or the Engineer shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workmen or the public; or for damage to any person or persons, either workmen or the public; or for damage to adjoining property from any cause which might have been prevented by the Contractor, or his workmen, or any one employed by him; against all of which injuries or damages to persons and property the Contractor, having control over such work, must properly guard. The Contractor shall be responsible for any damage to any person or property resulting from defects or obstructions or any time before its completion and final acceptance.

To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors,

City of Calimesa
assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, actions challenging the award of this contract, stop notices, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for all legal expenses and costs incurred by Indemnitees in connection therewith The City may retain any money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City may be retained by the City until disposition has been made of such suits or claims for damages aforesaid.

The Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of the Contractor in the performance of the Contract. If the Contractor fails to obtain such indemnity obligations, the Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of the Contractor’s Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that the Contractor’s Subcontractor shall bear the legal liability thereof) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

If, in the opinion of the Director, the precautions taken by the Contractor are not safe or adequate at any time during the life of the Contract, the Director may order the Contractor to take further precautions, and if the Contractor shall fail to do so, the Engineer may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any monies due or becoming due the Contractor. Failure of the Director to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety.

City of Calimesa

CITY OF CALIMESA SPECIFICATIONS
SECTION 2 – SPECIAL PROVISIONS
FOR

ON-CALL ASPHALT REPAIR SERVICES
BID NO. 2023-03
2-1. Time of Completion and Liquidated Damages
Time of Completion
Contractor shall perform the Asphalt Maintenance and Repair Services expeditiously, within the term of this Contract, and in accordance with the schedule set forth by the City. Contractor shall be required to commence work within TEN (10) days of receiving notification from the City. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with each Schedule, the City shall respond to Contractor’s submittals in a timely manner. Upon the City request, Contractor shall provide a more detailed schedule of anticipated performance to meet the relevant Schedule of Services. All work shall be subject to the approval of The City.

In case all the work called for is not completed in all parts and requirements within the time specified, the City shall have the right to grant or deny an extension of time for completion, as may seem best to serve the interest of the City. The Contractor will not be assessed with liquidated damages during the delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State, fire not due to acts of Contractors or Subcontractors, floods, epidemics, quarantine, restrictions, strikes, freight embargo or unusually severe weather or delays of Subcontractors due to such causes provided that the Contractor shall, within ten (10) calendar days from the beginning of such delay, notify the City, in writing, of the cause of the delay. The City will ascertain the facts and the extent of the delay, and the findings thereon shall be final and conclusive.

Liquidated Damages
Time is of the essence on this Contract and should the Contractor fail to finish the work on or before the time stated above, the Contractor shall be charged by the City, as liquidated and ascertained damages, the sum of Five Hundred Dollars ($500.00) for each working day that the work remains incomplete beyond the date(s) specified (subject, however, to extension of time duly granted in the manner and for the causes specified above) it being hereby expressly impracticable and extremely difficult to fix the actual damage which would or will be suffered in the event that the Contractor should fail fully to complete the work within the time specified and it would be further agreed that the charges per day as aforementioned shall be reasonable and proper in premise. The amount so charged shall be deducted by the City from any monies which may otherwise be or become payable to the Contractor.

City of Calimesa
2-2. Specifications
The specifications showing character of the work and details of construction are on file at the office of the Public Works Director, located at 908 Park Ave., Calimesa, California 92320.

Estimates of quantities appearing in these specifications, Notice to Bidders and Proposal Form are merely entered for the convenience of the Contractor’s bidding on this project and as a check of the independent estimates that are required by the Contractor’s to be made in the field before bids are submitted. It must be understood that payment to the successful Contractor will be made based on the unit prices for the various items of work and on the actual quantities of work done as measured in the field by the Public Works Director.

Copies of the Plans and Specifications and Proposal Form may be inspected and obtained at the office of the Public Works Director.

Contractors wishing to obtain the most current edition of the book “Standard Specifications for Public Works Construction” may purchase the copies directly from the Publisher, Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034. There is no charge or deposit for the other items listed above.
2-3. Work Schedule
a) Normal Work Schedule: The Contractor shall accomplish all work between the hours of 7:30 AM AND 5:30 PM, Monday through Friday. b) The successful Contractor will submit a work schedule to the Project Manager at least one week prior to the planned work start date. c) Once the work schedule is agreed upon, any proposed changes will be immediately coordinated with the Project Manager, but not less than 24 hours in advance of the performance of work. Work shall not commence without prior coordination with the Project Manager.
d) During performance of work, the Contractor will brief the Project Manager or other Calimesa City staff (designated by the Project Manager) on the planned activities for the next day.
2-4. Business License
The Contractor shall obtain a City of Calimesa Business License prior to the City issuing the Notice to Proceed. The current annual fee for the Business License is Fifty-One Dollars ($52.00).
2-5. Additional Work and Extra Work
The City reserves the right to order additional works over and above the quantities listed in the Proposal Form. In the event that additional work is required and is so ordered by the Public Works Director, payment to the Contractor will be based on the actual quantity of additional work ordered and measured in the field by the Public Works Director and will be paid for at the lump sum price bid by the Contractor. Likewise, the City reserves the right to order extra work not shown on the plans and not listed in the Proposal Form.

Any extra work done shall conform to the provisions of Section 3.3, “Extra

City of Calimesa
Work”, of the Standard Specifications, subject to the restrictions of Section 20452 and 20455 of the Public Contract Code. However, equipment rental rates and labor rates shall conform to State of California Business and Transportation Agency, Department of Transportation, Division of Construction, “LABOR AND EQUIPMENT RENTAL RATES”, latest edition, unless the extra work is done for a negotiated price.
2-6. Quantities
The Estimated Quantities included on the bid form are approximate and are only included in the bid form as a basis for comparison of Bids. The City does not, expressly or by implication, represent or agree that the actual amount of work shall equal the approximate Estimated Quantities. Payment shall be made for the actual quantity of Work performed in accordance with the Contract based on the unit prices provided in the bid form. The City reserves the right to increase or decrease the amount of any class or portion of the Work, or to omit portions of the Work, as may be deemed necessary or advisable in the sole discretion of the City.
2-7. Invoicing
Contractor will submit monthly invoices to:

Public Works Department
Attn: Mari Shakir
908 Park Avenue, Calimesa, CA 92320
Invoices will include a description of service(s) performed, the number of staff and labor hours, description of parts, and quantity and cost of parts, if any. 2-8. Payment
Upon completion of the assigned work by the Contractor and acceptance of the work by the Public Works Director, the Contractor shall submit an invoice for said work based on mutually agreed quantities. The payment will be made on the basis of the amount of mutually agreed work completed, less five percent (5%) retention. The final payment will be made approximately thirtyfive (35) days after acceptance of the work by the City Council. The Public Works Director may release portions of the retention prior to City Council acceptance.
2-9. Warranty
The Contractor shall warranty and repair all defective materials and workmanship for a period of 2 years. This warranty period shall start on the date the work was accepted by the City. In addition, the Contractor shall warranty the work against all latent and patent defects for a period of 10 years.

City of Calimesa

SPECIFICATIONS
SECTION 3 – CONSTRUCTION MATERIALS AND METHODS
FOR

ON-CALL ASPHALT REPAIR SERVICES
BID NO. 2023-03
3-1. Removal and Disposal of Materials
All materials removed must be hauled away from the project site on the same working day and legally disposed of and/or recycled at a site location designated by the City. The Contractor shall recycle materials whenever possible. If the Contractor recycles materials in accordance with the requirements of AB 939, the City shall be provided documentation as to the weight of the material. The cost for this item will be included in all other items of work and no additional compensation will be paid.
3-2. Site Description
A list of locations for repairs will be provided to the Contractor by the City with various locations within the City of Calimesa City limits. 3-3. Differing Conditions
If the Contractor believes that any condition that is uncovered is of such nature as to require a change in the scope of services or is of unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in roof restoration, then the Contractor shall immediately notify the Project Manager in writing about such condition. Contractor shall not perform any work in connection therewith until receipt of written order to do so.

After receipt of written notice, the Project Manager will promptly review the pertinent condition, and advise the Contractor in writing of City’s findings and conclusions.
3-4. Performance of Contractor
General: Skilled and competent workers shall perform all work in a timely, neat, and orderly manner. City may refuse to accept work or workers who do not meet these standards. Contractor shall be responsible for any damage caused by its operations and shall repair or replace, as directed by the City, said damage within a reasonable time.

City's Right to Inspect and Require Work: The City of Calimesa reserves the right to make such inspections whenever necessary to ascertain that the requirements of this agreement are being fulfilled. Deficiencies noted shall be promptly corrected at Contractor's expense.

City of Calimesa
If Contractor fails to perform the work required by the terms of this agreement in a diligent and satisfactory manner, the City may, after 15 days' written notice to Contractor, perform or cause to be performed, all or any part of the work required hereunder. Contractor agrees that it will reimburse the City, and the City may deduct the amount from any sum owed Contractor. The waiver by the City of a breach of any provision of this agreement by Contractor shall not operate or be construed as a waiver of any subsequent breach by Contractor.

City of Calimesa

APPENDIX A

CONTRACT AGREEMENT DOCUMENTS

City of Calimesa

CITY OF CALIMESA

AGREEMENT FOR

ON-CALL ASPHALT REPAIR SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this day of , 20___, by and between the City of Calimesa, a municipal organization organized under the laws of the State of California with its principal place of business at 908 Park Avenue, Calimesa, California 92320 ("City") and [INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; CORPORATION; LIMITED LIABILITY COMPANY; ETC.], with its principal place of business at [INSERT ADDRESS] ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of professional On-Call Asphalt Repair Contractor services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is licensed in the State of California and is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services for the On-Call Asphalt Repair Services ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional On-Call Asphalt Repair Services necessary for the Project ("Services"). All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

The contract documents for the Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications and appendices; together with this Agreement and all required bonds, indemnity, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner (collectively, the “Contract Documents”). The Contract Documents are made a part hereof as though fully set forth herein.

3.1.2 Term. The term of this Agreement shall be from July 01, 2023, to June 30, 2026, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor shall complete,

City of Calimesa
execute, and submit to City a Request for Taxpayer Identification Number and Certification (IRS Form W9) prior to commencement of any Services under this Agreement. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in the contract documents and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work performed by Contractor shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Contractor at the request of the City. The key personnel for performance of this Agreement are as follows: [INSERT NAME(S)].

3.2.5 City's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Public Works Director, or his or her designee, as the City's contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.

3.2.6 Contractor's Representative. Contractor hereby designates [INSERT NAME OR TITLE], or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services.

Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of

City of Calimesa
care provided for herein. Any employee of the Contractor or its sub-Contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance.

3.2.10.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Contractor in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so. (a) Commercial General Liability: Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
(c) Contractors Pollution Liability: and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
(d) Professional Liability: (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. (e) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

City of Calimesa

3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(A) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability and (c) Contractor's Pollution Liability shall be endorsed to provide the following:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the Agreement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium. (B) The policy or policies of insurance required by Section 3.2.10.2 (b) Automobile Liability and (d) Professional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium. (C) The policy or policies of insurance required by Section 3.2.10.2 (e) Workers' Compensation shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium.

3.2.10.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

3.2.10.6 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.10.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall

City of Calimesa
be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.10.8 Failure to Maintain Coverage. Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Agreement.

In the event that the Contractor's operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.

3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.10.10 Insurance for Subcontractors. All Subcontractors shall be included as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing Subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subcontractor's policies.

3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.12 Business License. Contractor shall procure a City of Calimesa Business License and renew it annually during the term of the Agreement.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in the proposal form and incorporated herein by reference. The total annual compensation shall not exceed THIRTY-FIVE THOUSAND DOLLARS ($35,000) (“Total Compensation”) without written approval of City's City Manager.

In the event that this Agreement is renewed pursuant to Section 3.1.2, the “shall not exceed” amount may be subject to change based on available funding. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor 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. Contractor shall not perform, nor be compensated

City of Calimesa
for, Extra Work without written authorization from the City. The City Manager may approve Extra Work, provided the cost of the Extra Work, does not exceed ten percent (10%) of the Total Compensation as set forth in Section 3.3.1, for a total increase of $3,500. Any Extra Work in excess of this amount shall be approved by the City Council.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section

3.1.2, the rates set forth in the proposal form may be adjusted each year at the time of renewal in accordance with the March Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties up to a maximum percentage of five percent.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement.

Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

City of Calimesa
[INSERT NAME, ADDRESS & CONTACT PERSON]
City:

City of Calimesa
908 Park Avenue
Calimesa, CA 92320
Attn: Mari Shakir, Associate Engineer
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.3.3 Confidential Information. The City shall refrain from releasing Contractor’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Contractor of its intention to release Proprietary Information. Contractor shall have five (5) working days after receipt of the Release Notice to give City written notice of Contractor's objection to the City's release of Proprietary Information. Contractor shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Contractor fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.6 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

City of Calimesa

3.5.7 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.5.8 Indemnification.

3.5.7.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, Contractors or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

3.5.8.2 Additional Indemnity Obligations. Contractor shall defend, with Counsel of City's choosing and at Contractor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.7.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.5.9 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.10 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

3.5.11 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.12 City's Right to Employ Other Contractors. City reserves right to employ other Contractors in connection with this Project.

3.5.13 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.14 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.15 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents,

City of Calimesa
and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.16 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.17 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.5.18 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.19 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.20 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Further, Contractor warrants that it has not promised or paid to any city employee or official, any rebates, kickbacks, or other unlawful considerations 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.

3.5.21 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 nondiscrimination 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.

3.5.22 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California 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 agrees to comply with such provisions before commencing the performance of the Services.

3.5.23 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 bind each respective Party.

3.5.24 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]

City of Calimesa
IN WITNESS WHEREOF, the parties have executed this instrument on this ____ day of __________, 202__.

CITY OF CALIMESA [INSERT NAME OF CONTRACTOR]
By: By:_____________________________
Will Kolbow
City Manager Name:___________________________
Title:____________________________
Attest:
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND

CORPORATE SEAL OF CONTRACTOR
REQUIRED]
By:

Darlene Gerdes By:_____________________________
City Clerk
Name:___________________________
Approved as to Form: Title:____________________________

RICHARDS WATSON GERSHON
By:

Quinn Barrow
City Attorney

City of Calimesa
CONTRACTOR’S PAYMENT BOND
Public Contract
KNOW ALL BY THESE PRESENTS: That
As Principal (herein called “Principal”) and
As Surety (herein called “Surety”)
are held and firmly bound unto the City of Calimesa, a Municipal Corporation of the State of California (herein called “Oblige”), in just and full sum of ($______________________), lawful money of the United States of America, (said sum being equal to 100% of the estimated amount payable by the terms hereinafter described Contract) for the payment of which, well and truly to be made, we hereby bind ourselves and our, and each of our, heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, Principal has been awarded a Contract for the following described work of improvement and is required by Obligee to give this bond in connection with the execution of the written Contract therefore, NOW, THEREFORE, if Principal or his subcontractors shall fail to pay for any materials, provisions, provender or other supplies, or teams, 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 Act with respect to such work or labor, the Surety will pay for the same, in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney’s fee to be fixed by the court. This bond shall insure to the benefit of all persons entitled to file claims under the Civil Code so as to give a right of action to them or their assigns in any suit brought upon the bond.

No extension of time granted to the principal and no change or alteration in any of the terms of the Contract or the Contract documents or the work to be performed hereunder, whether made after notice of not, shall release or otherwise affect the obligations of the Surety hereunder, and the Surety waives notice of any such extension, change, or alteration. The Surety, by the execution of this bond, represents and warrants that this bond has also been duly executed by the principal with proper authority, and the Surety hereby waives any defense, which it might have by reason of any failure of the principal to execute or properly execute this bond.

In the event suit is brought upon this bond by the Oblige and judgment is recovered by the Oblige, court costs, including reasonable attorney’s fees, shall be an additional obligation of this bond for which Principal and Surety shall be liable.

Signed and sealed this ____________________ day of ___________________, 2023,

PRINCIPAL
APPROVED AS TO FORM:

SURETY
NOTE TO SURETY COMPANY:

The following form of acknowledgment should be
used. If any other form of acknowledgment is used,
there must be submitted a certified copy of unrevoked
resolution of authority for the attorney-in-fact.

By:

Date:
(SURETY CO. ATTORNEY-IN-FACT)

ATTACH APPROPRIATE JURAT (S)

City of Calimesa

PERFORMANCE BOND
Public Contract
KNOW ALL BY THESE PRESENTS: That
As Principal (herein called “Principal”) and
As Surety (herein called “Surety”)
are held and firmly bound unto the City of Calimesa, a municipal corporation of the State of California (herein called “Oblige”), in just and full sum of ($_____________________), lawful money of the United States of America, (said sum being equal to 100% of the estimated amount payable by the terms of the hereinafter described Contract) for the payment of which, well and truly to be made, we hereby bind ourselves and our, and each of our, heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, Principal has been awarded a Contract for the following described work of improvement and is required by Oblige to give this bond in connection with the execution of the written Contract therefor, NOW, THEREFORE, if Principal shall well and truly do and perform each and all of the covenants, conditions, and agreements of said Contract on the Principal’s part to be done and performed, and any and all alterations thereof made herein provided, at the time and in the manner therein specified, and shall indemnify and save harmless the Oblige, its officers, agents, and employees, as therein stipulated, then this obligation shall be null and void, otherwise it shall remain in full force and effect.

No extension of time granted to the principal and no change or alteration in any of the terms of the Contract or the Contract Documents or the work to be performed there under, whether made after notice or not, shall release or otherwise affect the obligation of the Surety hereunder, and the Surety waives notice of any such extension, change, or alteration. The Surety, by the execution of this bond, represents and warrants that this bond has also been duly executed by the principal with proper authority, and the Surety hereby waives any defense, which it might have by reason of any failure of the Principal to execute or properly execute this bond.

In the event suit is brought upon this bond by the Obligee and judgment is recovered by the Obligee, court costs, including reasonable attorney’s fees, shall be an additional obligation of this bond for which Principal and Surety shall be liable.

Signed and Sealed this ____________________ day of ___________________, 2023.

PRINCIPAL
APPROVED AS TO FORM:

SURETY
NOTE TO SURETY COMPANY:

The following form of acknowledgment should be
used. If any other form of acknowledgment is used,
there must be submitted a certified copy of unrevoked
resolution of authority for the attorney-in-fact.

By:

Date:
(SURETY CO. ATTORNEY-IN-FACT)

ATTACH APPROPRIATE JURAT (S)

1.

City of Calimesa

CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:

Named Insured
(Contractor)
Companies Affording
Coverage:

Address: A
.

B
.

C
.

Policy
Number
Compan
y
A,B,C
Coverage Expiratio
n Date
B.I. Limits
P.D.

Aggregate
Automobile Liability
General Liability
Product / Completed
Operation
Blanket Contractual
Contractor’s Protective
Personal Injury
Other
Excess Liability
Worker’s
Compensation
It is hereby understood, and agreed, that the City of Calimesa, its City Council and each member thereof and every officer and employee of the City shall be named as a joint and several assureds with respect to claims arising out of the following project:

It is further agreed that the following indemnity agreement between the City of Calimesa and the named insured is covered under the Policy. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, actions challenging the award of this contract, stop notices, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.

The Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of the Contractor in the performance of the Contract. If the Contractor fails to

City of Calimesa
obtain such indemnity obligations, the Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of the Contractor’s Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that the Contractor’s Subcontractor shall bear the legal liability thereof) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company’s liability and that insurer waives any right on contribution with insurance which may be available to City of Calimesa. In the event of cancellation or material change in the above coverage, the company will give forty-five (45) days written notice of cancellation or material change to the certificate holder.

Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all terms, exclusions and conditions of such policies.

Date: By:

Agency: Title:

Address:

City of Calimesa

CERTIFICATE OF INSURANCE
Worker’s Compensation
WHEREAS, the City of Calimesa has required certain insurance to be provided by:

NOW, THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time.

1. This certificate is issued to: City of Calimesa, City Hall, 908 Park Avenue, Calimesa, CA 92320.

2. The insureds under such policy or policies are:

3. Worker’s Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds, as follows:

Policy Number Effective Date Expiration Date

4. Said policy or policies shall not be canceled, nor shall there be any reduction in coverage or limits or liability, unless and until thirty (30) days written notice thereof has been served upon the City Clerk of the City of Calimesa.

APPROVED AS TO FORM:

City Attorney
Date:

City Council Meeting
Agenda Report
Joint Meeting Agenda Item No. 1
SUBJECT: JOINT MEETING FOR ADOPTION OF THE BUDGET FOR FISCAL YEAR 2023-24 FOR THE CITY OF CALIMESA AND THE

CALIMESA SUCCESSOR AGENCY
MEETING DATE: June 5, 2023
PREPARED BY: Will Kolbow, City Manager
Celeste Reid, Finance Director & Treasurer
RECOMMENDATION: That the City Council adopt Resolution No. 2023-28, a Resolution of the City Council of the City of Calimesa, California, establishing the Fiscal Year 2023-24 Appropriation Limit; and that the City Council adopt Resolution No. 2023-29, a Resolution of the City Council of the City of Calimesa, adopting the FY 2023-24 General Fund Operating Budget, Special Revenue Funds Budgets, Capital Improvement Program and Cost Allocation Plan, and Amending the FY2022-23 Approved Budget; and that the Successor Agency adopt CSA Resolution No. 2023-01 of the Board of Directors of the Successor Agency to the Calimesa Redevelopment Agency adopting the Proposed Calimesa Successor Agency Budget for FY 2023-24.

DISCUSSION:

Fiscal Year 2023-24 Proposed Budget
Staff presented on May 2, 2023, the Proposed Budget to the Finance Committee and on May 22, 2023, the City Council held a Special Budget Workshop to review the FY 2023-24 Proposed Budget.

During the workshop, staff presented comprehensive detailed information of the Proposed Budget.

This report will provide a summary of the information provided at the workshop.

The General Fund proposed budget for Fiscal Year 2023-24 provides for a balanced budget, including a structural surplus, meaning that ongoing revenues exceed ongoing expenditures. It also includes a transfer of $2.2 million in transfers out to other funds to be used for one-time capital project spending, including $1 million for pavement management, as well as funding of reserves related to vehicle and information technology replacement. The City Council continues to maintain a strong fiscal policy which results in a 79% total reserve for the year ending June 30, 2024.

The specifics of the FY2023-24 proposed General Fund budget are detailed below:

Ongoing One-time Total
Revenues $ 9,540,600 $ 531,000 $ 10,071,600
Expenditures 8,907,474 359,225 9,266,699
Operating Surplus 633,126 171,775 804,901
Transfers Out 2,208,900 - 2,208,900
Net Change 633,126 (2,037,125) (1,403,999)
Beginning Fund Balance 8,045,355
Ending Fund Balance $ 6,641,356
General Fund Summary
General Fund Revenues
The chart below depicts overall estimated General Fund revenue and, by percentage, each category’s respective share of the overall revenue base.

When compared to the FY2022-23 projected actuals, FY2023-24 revenues will be lower by about $2.1 million. However, the primary reason for this difference is due to several significant one-time revenues received in FY2022-23, including Development Agreement Fees ($1.7 million), Recycle Deposit ($392,000) and additional plan check fee activity ($278,000). Several recurring revenue categories are expected to increase, including property taxes ($83,000) and Public Services CFD contributions ($125,000).

General Fund Expenditures
The chart below depicts overall proposed General Fund expenditures and each department’s respective share of the overall expenditure base.

Expenditures are projected to decrease by approximately $2.7 million in FY2023-24 compared to FY2022-23. This decrease is primarily due to one-time expenditures incurred in FY2022-23, including a transfer out for pavement management ($1 million) and the purchase of a new ladder truck ($2.2 million). Significant one-time expenditures included in the FY2023-24 budget are additional fire prevention and building and safety services related to expected development activity ($234,725) and the purchase of new turnouts for the Fire Department ($80,000). New recurring expenditures in FY2023-24 include a 5% citywide, with the exception of the City Manager, cost-ofliving adjustment ($125,000), an increase in the City’s cafeteria plan benefit contributions ($11,000), range adjustments for two existing positions ($11,288), additional staff, including a new Senior Accountant, Planning Technician, Battalion Chief, and three Apparatus Engineers ($368,679), and eight new Flock cameras for the Police Department ($24,000).

Reserves
Based on the proposed budget, total reserves, including Capital Projects, Vehicle Replacement, and Information Technology funds, at June 30, 2024 are projected to be $7,289,290, or 79% of total General Fund expenditures and 82% of General Fund recurring expenditures. The reserves consist of the following:

Reserve
Projected
Balance at
6/30/2024
General Fund Contingency Reserve (35% of General Fund Expenditures) $ 3,243,344 General Fund Parks and Trails 75,000
General Fund Unreserved Fund Balance 3,323,011
Capital Projects Fund Balance (Fund 16) 57,935
Vehicle Replacement Fund Balance (Fund 75) 435,000
Information Technology Reserve Fund Balance (Fund 76) 155,000 TOTAL RESERVES $ 7,289,290
Included in the reserves is a new reserve dedicated to parks and trails. This set-aside expresses the City Council’s commitment to investing in the community to provide spaces for residents to enjoy Calimesa’s natural beauty.

Appropriations Limit
California's state appropriations limit (SAL) was originally put in place by Proposition 4 in 1979 which established Article XIII B of the State Constitution. The SAL places an "upper bound" each year on the amount of monies that can be spent from state tax proceeds. The SAL itself grows annually by a population and cost-of-living factor. The California Revenue and Taxation Code, Section 2227, mandates the Department of Finance (DOF) to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction uses their percentage change in population factor in conjunction with a change in the cost of living, or price factor, to calculate their annual appropriations limit. Exhibits A through D to the proposed Resolution 2023-XX provide the calculations and data from the DOF website for the 2023-24 appropriations limit. The population percentage change data excludes federal and state institutionalized populations and military populations.

The Appropriations Limit for Fiscal Year 2023-24 is $10,640,616. As shown in the attachments, the Estimated Proceeds from Taxes is $7,535,208. Therefore, the City is well below the Appropriations limit.

FISCAL IMPACT: The fiscal impact of the proposed adopted budget for the General Fund budget are revenues of $10,071,600, expenditures of $9,266,699 and transfers out of $2,208,900. The overall budget is balanced based on recurring revenues and recurring expenditures. Special Revenue Funds, Capital Improvement Funds, Community Facility District Funds and the Successor Agency funds are presented in the budget summary with total expenditures of $18,346,354.

ATTACHMENTS:

Attachment A: City Council Resolution No. 2023-28 Adopting Appropriations Limit Attachment B: City Council Resolution No. 2023-29 Adopting FY 2023-24 Budget Attachment C: Calimesa Successor Agency Resolution No. CSA 2023-01 Attachment D: Fiscal Year 2023-24 Proposed Budget (from the May 22nd Workshop)

RESOLUTION NO. 2023-28

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA, CALIFORNIA ESTABLISHING THE
APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2023-24
WHEREAS, California Revenue and Taxation Code requires the City to establish annual appropriations limits based on percentages of per capita income change and City population change, and
WHEREAS, the FY 2023-24 Appropriation Limit has been calculated according to data received from the California Department of Finance, and WHEREAS, the Department of Finance data and the Appropriation Limit Calculation are attached as Exhibit “A”, Appropriations Limit Calculation, Exhibit “B” Appropriation Limitation Schedule, Exhibit C “Schedule of Estimated Proceeds and Non-Proceeds of Taxes” and Exhibit “D” Department of Finance Letter.

THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALIMESA, that the Appropriation Limit for the Fiscal Year 2023-24 is established at $10,640,616
PASSED, APPROVED AND ADOPTED this 5
th day of June 2023.
________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
________________________________

DARLENE GERDES, CITY CLERK
Attachment JM1A

Appropriations Limit for Fiscal Year 2022-23 $ 10,153,735 Price Change:

Per Capita Personal Income 4.44%
Population Change :

Calimesa January 1, 2023 0.11%
Riverside County January 1, 2023 0.34%
GREATER OF TWO OPTIONS 0.34%
Calculation Factor :

Price Change Factor 1.0444
Population Change Factor 1.0034
Total (Price X Population) 1.0479510
Appropriations Limit for FY 2023-24 $ 10,640,616
(June 30, 2023 Limit X Total Calculation Factor)
City of Calimesa Exhibit A
Appropriations Limitation Calculation

City of Calimesa Exhibit B
Gann Historical Appropriation Limit Calculations
FY2013-14 FY2014-15 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 Prior Year Limit: $ 4,992,065 $ 5,294,887 $ 5,370,930 $ 5,663,087 $ 6,078,185 $ 6,497,216 $ 6,978,821 $ 7,332,302 $ 8,035,524 $ 9,133,156 $ 10,153,735 Adjustments:

Population 0.90 1.67 1.56 1.86 3.09 3.61 0.87 5.65 7.50 3.37 0.34 Inflation 5.12 -0.23 3.82 5.37 3.69 3.67 3.85 3.73 5.73 7.55 4.44 Conversion Factors:

Population Factor 1.009 1.0167 1.0382 1.0186 1.0309 1.0361 1.0117 1.0565 1.0750 1.0337 1.0034 Price Change Factor 1.0512 0.9977 1.0156 1.0537 1.0369 1.0367 1.0385 1.0373 1.0573 1.0755 1.0444 Adjustment Factor 1.0606608 1.01436159 1.0543959 1.0732988 1.0689402 1.0741249 1.0506505 1.0959075 1.1365975 1.1117444 1.0479510 Total Annual Adjustment 302,823 76,043 292,157 415,098 419,031 481,605 353,480 703,222 1,097,632 1,020,579 486,881 Current Year Limit $ 5,294,887 $ 5,370,930 $ 5,663,087 $ 6,078,185 $ 6,497,216 $ 6,978,821 $ 7,332,302 $ 8,035,524 $ 9,133,156 $10,153,735 $ 10,640,616

City of Calimesa Exhibit C
Schedule of Estimated Revenues
Proceeds and Non-Proceeds of Taxes
Based on the 2023-24 Proposed Budget
Non -
Proceeds Proceeds
of Taxes of Taxes Total
General Fund
Taxes
Property Taxes $ 4,238,800 $ - $ 4,238,800
Sales & Use Taxes 1,659,000 - 1,659,000
Other taxes 117,000 - 117,000
Franchise Fees - 557,000 557,000
Licenses & Permits - 46,350 46,350
Fines & Forfeitures - 25,150 25,150
Use of Money & Property 37,408 55,042 92,450
Intergovernmental Revenue
Property Tax in Lieu of VLF 1,483,000 - 1,483,000
Other - 29,800 29,800
Charges for Current Services - Comm Dev. - 1,823,050 1,823,050 Miscellaneous Revenue - - -
Total Proceeds of Taxes $ 7,535,208
Total Non Proceeds of Taxes $ 2,536,392
Total General Fund Revenue $ 10,071,600

May 2023
Dear Fiscal Officer:

Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance (Finance) to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2023, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2023-24. Attachment A provides the change in California’s per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2023-24 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.

Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit.

Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website: http://leginfo.legislature.ca.gov/faces/codes.xhtml.

Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.

Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2023.

Please Note: The prior year’s city population estimates may be revised. The per capita personal income change is based on historical data.

If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.

JOE SPEPHENSHAW
Director
By:

Erika Li
Chief Deputy Director
Attachment
Exhibit D

May 2023
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2023-24 appropriation limit is:

Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2023-24 4.44
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2023-24 appropriation limit.
2023-24:

Per Capita Cost of Living Change = 4.44 percent
Population Change = -0.35 percent
Per Capita Cost of Living converted to a ratio: 4.44 + 100 = 1.0444 100
Population converted to a ratio: -0.35 + 100 = 0.9965
100
Calculation of factor for FY 2023-24: 1.0444 x 0.9965 = 1.0407 Exhibit D

Fiscal Year 2023-24
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2022 to January 1, 2023 and Total Population, January 1, 2023 Total
County Percent Change --- Population Minus Exclusions --- Population City 2022-2023 1-1-22 1-1-23 1-1-2023
Riverside
Banning 1.28 30,856 31,250 31,250
Beaumont 4.12 54,349 56,590 56,590
Blythe -0.43 12,662 12,607 17,265
Calimesa 0.11 10,950 10,962 10,962
Canyon Lake -0.49 11,003 10,949 10,949
Cathedral City -0.37 51,590 51,400 51,433
Coachella 1.26 41,935 42,462 42,462
Corona -0.09 157,139 157,005 157,005
Desert Hot Springs 0.68 32,389 32,608 32,608
Eastvale -0.66 69,978 69,514 69,514
Hemet 0.84 89,170 89,918 89,918
Indian Wells -0.23 4,785 4,774 4,774
Indio 1.17 89,789 90,837 90,837
Jurupa Valley -0.16 105,154 104,983 104,983
Lake Elsinore -0.02 71,844 71,828 71,973
La Quinta 1.11 37,562 37,979 37,979
Menifee 2.44 107,411 110,034 110,034
Moreno Valley -0.01 208,302 208,289 208,289
Murrieta -0.54 110,592 109,998 109,998
Norco -0.52 22,345 22,228 25,037
Palm Desert -0.02 50,626 50,615 50,615
Palm Springs -0.17 44,165 44,092 44,092
Perris 0.60 78,474 78,948 78,948
Rancho Mirage 0.94 16,854 17,012 17,012
Riverside -0.36 314,759 313,617 313,676
San Jacinto -0.37 54,303 54,103 54,103
Temecula -0.52 109,468 108,899 108,899
Wildomar -0.28 36,438 36,336 36,336
Unincorporated 0.83 398,128 401,433 401,693
County Total 0.34 2,423,020 2,431,270 2,439,234
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.

Exhibit D

RESOLUTION 2023-29

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA CALIFORNIA, ADOPTING THE PROPOSED FISCAL
YEAR 2023-24 GENERAL FUND OPERATING BUDGET,

SPECIAL REVENUE FUNDS BUDGETS, CAPITAL
IMPROVEMENT PROGRAM AND COST ALLOCATION PLAN;
AND AMENDING THE FISCAL YEAR 2022-23 BUDGET
WHEREAS, the City Council has reviewed the proposed Fiscal Year 2023-24 Budget during a public meeting (budget workshop) held on May 22, 2023, regarding the adoption of the budget; and
WHEREAS, the City Council also intends to amend the Fiscal Year 2022-23 Budget to incorporate the most recent projected operating results as reflected in the proposed Fiscal Year 2023-24 Budget document (column labeled FY 2022-23 Projected Actuals).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:

Section 1: The General Fund Budget for FY 2023-24 shall be as follows:

City Council $ 77,955
City Manager 390,509
City Clerk 480,261
City Attorney 185,000
Finance 409,631
IT 217,032
Comm Dev Planning, Bldg. & Safety, Code 884,490
Engineering 85,964
Citizens Patrol 4,850
Police 2,504,012
Animal Control 61,000
Fire Department 3,158,861
Community Services 160,493
Public Works 484,811
Non-Departmental 161,830
Total Calimesa General Fund Budget $9,266,699
In addition, the General Fund Projected revenues of $10,071,600 as presented in the Proposed Budget for Fiscal Year 2023-24, are hereby adopted.

Section 3: The FY 2022-23 Budget is hereby amended to reflect the FY 2022-23 Projected Actuals as shown in the FY 2023-24 Proposed Budget Document and amended by Attachment 1 to this Resolution.

Section 4: At the end of FY 2022-23, certain purchase commitments or contracts may exist representing contractual obligations of previously budgeted funds. In addition, certain amounts related to one-time allocations for specific projects and services may remain unspent. This is common in the Capital Improvement Program (CIP) wherein Attachment JM1B

projects frequently cross fiscal years. At the City Manager’s discretion, these amounts will be deemed to be rebudgeted as an addition to the budget amounts approved in this resolution so long as these amounts do not cause total expenditures in FY 2022-23 to exceed projected actuals as shown in the FY 2023-24 Proposed Budget.

PASSED, APPROVED, and ADOPTED this 5
th day of June 2023.
________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________

DARLENE GERDES, CITY CLERK

CSA RESOLUTION 2023-01

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

SUCCESSOR AGENCY TO THE CALIMESA REDEVELOPMENT

AGENCY, ADOPTING THE PROPOSED CALIMESA SUCCESSOR
AGENCY FY 2023-24 BUDGET
WHEREAS, the Calimesa Successor Agency Board of Directors have reviewed the proposed Fiscal Year 2023-24 Budget at a public meeting regarding the adoption of the budget as listed below:

Revenue
Other Governmental Revenue $ 209,070
Expenditures
Professional Services – Fin/Audit/Trust 7,500
Overhead Allocation 4,500
Debt Service 197,070
Total Expenditures $ 209,070

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR

AGENCY TO THE CALIMESA REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:

Section 1. The Successor Agency to the Calimesa Redevelopment Agency, Fiscal Year 2023-24 Budget, as submitted, is hereby adopted.

PASSED, APPROVED, and ADOPTED this 5
th day of June, 2023
_____________________________________

WILLIAM DAVIS, CHAIRPERSON
ATTEST:
___________________________________________

DARLENE GERDES, AGENCY SECRETARY
Attachment JM1C

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Cover Created By:

Leilani Powell
YHS AIM Pathway
Y U C A I P A H I G H S C H O O l
R A
NI S T

M E D I A P A T H W A Y
Attachment JM1D

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Table of Contents
City Vision & Values Statements 1
Council & Staff Listing 3
City Manager’s Budget Message 9
General Fund
General Fund Revenue & Appropriations Summaries Adoption 18 Revenue Sources by Type – General Fund 19
History of Expenditures by Department 22
City Council 24
City Manager 28
City Clerk/Human Resources & Risk Management 32
City Clerk General Operations and Mobile Home Rent 33
City Attorney 40
Finance 44
Information Technology 48
Community Development 51
Engineering 56
Citizens on Patrol 60
Police 64
Animal Control 68
Fire Department 71
Community Services – Senior Center 78
Public Works/Building Maintenance/Refuse 81
Landscape Maintenance Program 85
Non-Departmental 94
Special Funds
Special Funds - Expenditure Summary 102
Special Deposits 103
Insurance 104
Supplemental Law Enforcement Safety Fund 105
Capital Projects Including American Rescue Plan Act 106 Planning Grants 107
Library 108
Capital Projects - ADA CIP Projects 109
Air Quality Management District 110
Road Maintenance & Rehabilitation Account 112
Gas Tax 113
Measure A Fund 115

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HOME State Housing Rehab Grant 116
HOME CDBG Federal Housing Rehab Grant 118
Landscape Lighting Maintenance District 119
Fire Facilities 121
Flood Control Drainage Fees 122
Administrative Facilities 123
Library Facilities 124
Law Enforcement Facilities 125
Traffic Improvement Fees 126
Park Improvement Fees 127
Multi-Species Habitat Conservation Program (MSHCP) 128
CFD 2018-1 Facilities IA1 Summerwind Ranch 129
CFD Mesa Verde 130
CFD No 2012-1 Facilities IA2 Singleton Heights 131
CFD Public Services 1 132
CFD 2013-1 Facilities IA1 JP Ranch 133
CFD 2012-1 Facilities IA1 Singleton Heights 134
CFD 2013-1 Facilities IA-3 JP Ranch 136
CFD 2012-1B Maintenance Singleton Heights 137
CFD 2013-1B Maintenance JP Ranch 139
CFD 2018-1 Maintenance Summerwind Ranch 141
CFD Heritage Oaks 143
CFD 2013-1 Facilities IA2 JP Ranch 144
Successor Agency 145
California Recycling Grant 146
Vehicle Fund 147
Information Technology Fund 148
Authorized Positions & Salary Schedule

AUAutho
Authorized Positions 152
Salary Schedule 153
Capital Improvement Program
Capital Improvement Program 160
Cost Allocation Plan
Cost Allocation Plan 190
City and Agency Resolutions Adopting the Budget
(To be included with final budget)

1 VISION STATEMENT
The City of Calimesa is dedicated to remaining a community that honors its beautiful natural setting through open space preservation, wildlife corridors, and extensive trail systems, as well as enriching the quality of life for Calimesa through sensitive planning that creates increased business activity, local jobs, new parks, and schools.

2 VALUES STATEMENT
The City of Calimesa incorporated December of 1990. It has developed its own unique zoning codes and standards and sought to retain its open space characteristics. The City’s General Plan provides for neighborhoods and businesses
that reflect that concept. The City is governed by a fivemember City Council and a form of government small enough to respond to citizen concerns yet experienced enough to maintain the unique Calimesa lifestyle.

3 As a businessman and property owner Bill Davis has spent over 36 years living and working in Calimesa. He has served on the Planning Commission, and four terms on the City Council working hard serving the needs of the Community. He is a CSU graduate with a degree in Civil and Environmental Engineering. With his combined education and experience, he brings a working knowledge of land development, infrastructure improvements, open space preservation and fiscal responsibility.

Jeff Cervantez previously served as a member of the Calimesa Parks, Trails and Community Services Commission and was appointed in 2019 and 2022 as a member of the City Council. He has the desire to help lead the City into the future by thinking carefully about growth and development. As a family man with three school aged children, he is personally invested in Calimesa. He believes that a fresh perspective, new ideas and healthy communication between City Officials and the community will help the City flourish as it moves forward. His experience with local education has always been centered on working with others to solve problems in a respectful, collaborative way, with character and with a good dose of common sense.

CITY COUNCIL MEMBERS
Mayor
William “Bill” Davis
Mayor Pro Tem
Wendy Hewitt
Jeff Cervantez
Wendy Hewitt has lived in Calimesa since 1991. As a mother of three and active volunteer in the Calimesa Chamber of Commerce, she has witnessed the dedication necessary to help a community come together and thrive. Her experience on a state executive committee of a political party has given her valuable knowledge in parliamentary procedure and persuasive skills. She has strong principles when it comes to the role of government, and believes as a City, it can be limited while accomplishing the services the community demands.

4 John Manly understands the importance of maintaining a safe community for Calimesa families to thrive, as he has 16 years of local law enforcement experience. Public safety will be one of his top priorities. He will work diligently to improve the quality of life for all citizens. He is a husband and a father, and he will seek more opportunities for young families. He grew up locally and graduated from Yucaipa High School. He believes in and will consistently strive to maintain the values of this community by preserving open spaces. He will seek thoughtful growth that will not compromise the integrity of this established community. He previously served on the Parks, Trails, and Community Services Commission and was appointed in 2020. He has a bachelor’s degree in criminal justice.

Linda Molina was elected to the City Council in 2016 and re-elected in 2020. She has lived in Calimesa since 2006, raised three granddaughters.

Her 18 years of employment with the Housing Authority for the City of Los Angles, President of the Rosemead Elementary School District and many certifications has provided her with valuable experience. She has served on the Calimesa Planning Commission, Mobile Home Rent Stabilization Board, Citizen’s on Patrol, Habitat for Humanity and the Boy’s & Girls Club.

Linda Molina
John Manly

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6 CITY STAFF
City Manager
City Attorney
Deputy City Manager /
City Clerk
Finance Director /
City Treasurer
Public Works Director
City Engineer
Planning Director
Police Chief (Sheriff’s
Captain)
Fire Chief
Will Kolbow
Quinn Barrow
Darlene Gerdes
Celeste Reid
Margaret Monson
Mike Thornton
Kelly Lucia
Tim Salas
Tim O’Connell

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8 City Council
City Manager
City Attorney
Dept. City Manager
City Clerk/HR
Building & Safety
Planning
Director
Finance Director
Public Safety
Public Works City Engineer
Code Enforcement
Associate
Planner
Planning
Technician
Associate
Engineer
Maintenance
Supervisor
Lead
Maintenance
Worker
Maintenance
Worker (2)
Police
Chief
Administrative
Assistant
Dept. Fire
Marshal
Battalion
Chief (3)
Captain (3)
Apparatus
Engineer (3)
Firefighter
Paramedic
Firefighter
EMT (3)
Reserve
Firefighter
(6)
Senior
Accountant

Accountant Executive Asst.

Dept. City Clerk
Admin.

Asst. (2)
Fire
Chief
Voters
Organizational
Structure
FY 2023-2024

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City of Calimesa
908 Park Avenue, Calimesa, California 92320
Telephone 909.795.9801 Facsimile 909.795.4399
www.cityofcalimesa.net
“Preserving and enhancing the open space atmosphere and quality of life in Calimesa” June 5, 2023
Honorable Mayor Davis and Members of the City Council:

I am pleased to submit for your consideration the Fiscal Year 2023-24 Budget and Capital Improvement Plan for the City of Calimesa. This letter provides an introduction and overview of the budget which serves as a tool to communicate the City’s financial strategy and status for the upcoming fiscal year. As you will note throughout the budget document, a great deal of detail is being provided. This approach continues to promote fiscal accountability and transparency; two key elements of the City Council’s leadership philosophy.

The City Council and City Management Team have managed several years of budgets and improvements throughout the City with a disciplined fiscal policy. This includes several years of accumulating increased reserve balances to support the City Council priorities as established in the February 2020 goal setting workshop. This approach and method of fiscal management has served the City well and as a result, the City has a Fiscal Year 2023-24 estimated General Fund reserve of approximately $6.6 million or, as calculated as a ratio, 72% of budgeted expenditures for the year ending June 30, 2024.

The proposed budget for Fiscal Year 2023-24 includes expenditures that meet the City Council priorities from the goal setting workshop as identified below:

1. Quality of Life

2. Economic Development

3. Infrastructure (Internal & External)

4. Community Engagement

5. Financial Stability & Resources
Starting in FY2020-21 and through FY2022-23, the City experienced a significant increase in property and sales tax revenue related to new housing and retail developments. For example, the Marketplace at Calimesa retail center has contributed over $200,000 in new sales tax revenue in calendar year 2022 alone, and a total of $322,000 in 2022. This growth has also led to an increased demand for services, and because of the fiscal discipline shown by this and past City Councils, we are in a solid position to be able to grow as a city to meet that demand. The proposed Fiscal Year 2023-24 budget includes significant investments in our community, including over $2.5 million for pavement management, $3.3 million for new park space, as well as new investment in public safety and staffing resources to provide better service to the community.

The General Fund proposed budget for Fiscal Year 2023-24 provides for a balanced budget, including a structural surplus, meaning that ongoing revenues exceed ongoing expenditures. It also includes a transfer of $2.2 million in transfers out to other funds to be used for one-time capital project spending, including $1 million for pavement management, as well as funding of reserves related to vehicle and information technology replacement. As noted earlier, the City Council continues to maintain a strong fiscal policy which results in a 79% total reserve for the year ending June 30, 2024.

The specifics of the FY2023-24 proposed General Fund budget are detailed below:

Ongoing One-time Total
Revenues $ 9,540,600 $ 531,000 $ 10,071,600
Expenditures 8,907,474 359,225 9,266,699
Operating Surplus 633,126 171,775 804,901
Transfers Out 2,208,900 - 2,208,900
Net Change 633,126 (2,037,125) (1,403,999)
Beginning Fund Balance 8,045,355
Ending Fund Balance $ 6,641,356
General Fund Summary
General Fund Revenues
The chart below depicts overall estimated General Fund revenue and, by percentage, each category’s respective share of the overall revenue base.

When compared to the FY2022-23 projected actuals, FY2023-24 revenues will be lower by about $2.1 million. However, the primary reason for this difference is due to several significant one-time revenues received in FY2022-23, including Development Agreement Fees ($1.7 million), Recycle Deposit ($392,000) and additional plan check fee activity ($278,000). Several recurring revenue categories are expected to increase, including property taxes ($83,000) and Public Services CFD contributions ($125,000).

General Fund Expenditures
The chart below depicts overall proposed General Fund expenditures and each department’s respective share of the overall expenditure base.

Expenditures are projected to decrease by approximately $2.7 million in FY2023-24 compared to FY2022-23. This decrease is primarily due to one-time expenditures incurred in FY2022-23, including a transfer out for pavement management ($1 million) and the purchase of a new ladder truck ($2.2 million). Significant one-time expenditures included in the FY2023-24 budget are additional fire prevention and building and safety services related to expected development activity ($234,725) and the purchase of new turnouts for the Fire Department ($80,000). New recurring expenditures in FY2023-24 include a 5% citywide, with the exception of the City Manager, cost-of-living adjustment ($125,000), an increase in the City’s cafeteria plan benefit contributions ($11,000), range adjustments for two existing positions ($11,288), additional staff, including a new Senior Accountant, Planning Technician, Battalion Chief, and three Apparatus Engineers ($368,679), and eight new Flock cameras for the Police Department ($24,000).

Five-Year Capital Improvement Plan
The proposed budget continues to make much needed investments in our infrastructure, both in the rehabilitation of existing infrastructure as well as building new infrastructure.

The Capital Improvement Plan (CIP) identifies 21 projects proposed over the five-year planning period. For the upcoming fiscal year, there are 10 new projects and continued investment in 11 previously approved projects. With these proposed projects, the City Council will be investing $13.4 million in the upcoming fiscal year and $94.7 million over the five-year CIP. As in years past, funding for the CIP comes from a variety of sources, including Measure A, American Rescue Plan Act funds, SB1 Road Maintenance and Rehabilitation, development impact fees, developer contributions, Transportation Uniform Mitigation Fee funds, and state and federal grants. Additionally, the City’s General Fund will contribute $1.5 million for capital projects in FY2023-24. The following are highlights of the FY2023-24 CIP:
• New Library
• Phase 2 of 4th Street Community Park
• Cherry Valley Interchange
• Singleton Road Phase 1 Improvements
• Sandalwood Interchange
• County Line Road and Calimesa Boulevard Intersection Improvements • Calimesa Creek and Storm Drain Improvements
• Commitment of $2.5 million toward the City’s Pavement Management Program Reserves
Based on the proposed budget, total reserves, including Capital Projects, Vehicle Replacement, and Information Technology funds, at June 30, 2024 are projected to be $7,289,290, or 79% of total General Fund expenditures and 82% of General Fund recurring expenditures. The reserves consist of the following:

Reserve
Projected
Balance at
6/30/2024
General Fund Contingency Reserve (35% of General Fund Expenditures) $ 3,243,344 General Fund Parks and Trails 75,000
General Fund Unreserved Fund Balance 3,323,011
Capital Projects Fund Balance (Fund 16) 57,935
Vehicle Replacement Fund Balance (Fund 75) 435,000
Information Technology Reserve Fund Balance (Fund 76) 155,000 TOTAL RESERVES $ 7,289,290
Included in the reserves is a new reserve dedicated to parks and trails. This set-aside expresses the City Council’s commitment to investing in the community to provide spaces for residents to enjoy Calimesa’s natural beauty.

Looking Forward
Although growth has slowed down for the time being as entitled projects work to gear up for future development, the City always has an eye on the future and what those new developments will bring. Currently, there are approved entitlements for over 7,000 new residential units throughout the City, in addition to approved retail and commercial development. The proposed budget takes steps to keep up with recent growth and will set the City up to take on the new growth that is to come. While speculation of an economic recession has not come to fruition at this point, the City's budget, with its healthy surplus and reserves, will help the City weather economic challenges without significant impacts to City services. This has been accomplished in large part due to the City Council's fiscal discipline and focus on living within its recurring revenue.

Acknowledgements
Undoubtedly, the preparation of this budget would not be possible without the dedication and commitment of the City's leadership team. To each of them, I extend my thanks and appreciation for their hard work, dedication, and "can do" approach as we developed this budget. Special thanks also go to our Finance Director, Celeste Reid, who worked tirelessly to prepare all the schedules in this document and kept us on track to deliver the budget on time. My thanks also go out to Alannah Figueroa, our multi-talented Accounting Technician, who did the design work for this document which, in my humble opinion, turned out amazing. I continue to be impressed every day by Team Calimesa.

I would also like to extend a special "thank you" to the members of the Finance Committee, consisting of Mayor Bill Davis and Councilmember Jeff Cervantez. Their input, support, and guidance were invaluable during the budget preparation process.

Finally, I would like to express my appreciation to all the members of the City Council for your confidence in, and unwavering support of, the City team as well as your policy direction in this budget process. This document reflects the direction and suggestions you offered, as well as the sincere compassion you have for this community.

Sincerely,
7/,;4'�
Will Kolbow
City Manager

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16 General Fund
Revenue
& Appropriations
Summaries
Adoption

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18 City of Calimesa
Actuals
Fiscal Year
2020-21
Actuals
Fiscal Year
2021-22
Amended
Budget Fiscal
Year 2022-23
Projected
Actuals Fiscal
Year 2022-23
Proposed
Fiscal Year
2023-24
Revenue
Taxes $ 4,679,146 $ 5,497,214 $ 5,583,000 $ 5,925,000 $ 6,014,800 Franchise Fees 500,737 521,780 521,000 559,333 557,000
Intergovernmental Revenues 1,266,493 1,435,249 1,542,230 1,551,400 1,512,800 Fines & Forfeitures 12,188 24,294 25,650 41,850 25,150
Building & Safety 957,858 404,276 348,100 244,100 449,500 Use of Money & Property 91,702 82,830 78,176 142,876 92,450 Charges for Services - Planning & Engineering 275,606 224,458 659,400 657,100 246,050 Charges for Services 863,047 972,066 2,602,815 2,598,815 1,127,500 Licenses & Permits 66,030 55,633 431,102 432,802 46,350 Other Revenue 256,564 30,000 8,000 - -
Total Revenue 8,969,371 9,247,801 11,799,473 12,153,276 10,071,600 Expenditures
City Council 55,178 60,429 79,370 71,870 77,955
City Manager 302,942 313,968 772,727 771,327 390,509
City Clerk - General Operations 120,320 99,312 108,699 99,821 158,699 City Clerk - Mobile Home Rent Control 10,117 10,627 23,387 13,387 24,255 City Clerk - Human Resources 72,462 73,210 89,053 89,053 78,906 City Clerk - Risk Management 169,533 193,865 225,500 205,357 218,401 City Attorney 110,413 159,613 185,000 215,000 185,000
Finance 174,081 273,860 385,736 385,711 409,631
Information Technology 142,183 201,505 245,463 222,823 217,032 Comm Dev - Planning, Building & Safety, Code 831,952 705,994 1,137,936 1,085,536 884,490 Engineering 52,649 41,850 107,281 82,281 85,964
Citizens On Patrol 463 1,029 4,850 4,850 4,850
Police Department 1,955,695 2,314,205 2,456,219 2,456,219 2,504,012 Animal Control 40,000 48,289 48,289 48,289 61,000
Fire Department - Operations 2,086,104 2,261,475 3,012,195 3,012,195 3,158,861 Fire Department - Capital (Fire Truck & FD Pavement) - - 2,300,000 2,300,000 - Community Services - Senior Center 154,586 112,482 164,175 161,250 160,493 Public Works Department 427,234 395,278 639,132 619,555 484,811 Non-Departmental 274,410 127,312 149,283 149,283 161,830 Total Expenditures 6,980,322 7,394,303 12,134,295 11,993,807 9,266,699 $ 1,989,048 $ 1,853,497 $ (334,822) $ 159,469 $ 804,901 5,412,894 7,237,942 8,999,591 8,999,591 8,045,354
Capital Projects Fund (16) - - 1,000,000 1,000,000 1,175,000 Capital Projects Fund ADA Improvements (20) 5,000 5,000 5,000 5,000 5,000 Other Funds 94,000 1,849 23,705 23,705 -
Landscape, Lighting & Maintenance District (28) 65,000 85,000 85,000 85,000 85,000 Vehicles - New and Replacement (75) - - - - 750,000
Information Technology - New and Replacement (76) - - - - 193,900 Total 164,000 91,849 1,113,705 1,113,705 2,208,900
7,237,942 8,999,591 7,551,064 8,045,354 6,641,356
2,500,513 2,562,823 3,197,578 3,392,832 3,243,344
Reserve for Pavement Management - 1,000,000 - - -
Reserve for Parks and Trails - - - - 75,000
Reserve for Compensated Absences - 160,000 160,000 - -
Net Unreseved Fund Balance $ 4,737,429 $ 5,276,768 $ 4,193,486 $ 4,652,522 $ 3,323,011 Council Approved Reserves
Ending Fund Balance
General Fund Summary
Net Change in Fund Balance Before Transfers
Beginning Fund Balance
Transfers Out (One-Time)

19 Revenue
Actuals
Fiscal Year
2020-21
Actuals
Fiscal Year
2021-22
Amended
Budget Fiscal
Year 2022-23
Projected
Actuals Fiscal
Year 2022-23
Proposed
Fiscal Year
2023-24
Taxes
Property Tax $ 1,042,437 $ 1,196,379 $ 1,316,000 $ 1,316,000 $ 1,342,000 Property Transfer Tax 144,423 131,105 35,000 35,000 32,000 Transient Occupancy Tax 86,990 95,675 72,000 72,000 85,000 Sales Tax 1,173,073 1,491,164 1,320,000 1,662,000 1,659,000 Fire District Property Tax 2,232,223 2,582,891 2,840,000 2,840,000 2,896,800 Total Taxes 4,679,146 5,497,214 5,583,000 5,925,000 6,014,800 Franchise Fees
So Cal Edison 91,599 104,643 105,000 129,571 129,000
Gas Company 29,503 36,013 31,000 41,762 40,000
CR&R Sanitation 269,809 268,286 280,000 280,000 280,000 Charter Communications 89,086 96,101 92,000 95,000 95,000 Verizon/Frontier 20,740 16,737 13,000 13,000 13,000
Total Franchise Fees 500,737 521,780 521,000 559,333 557,000 Intergovernmental Revenues
Waste Management 1,793 1,688 1,800 1,800 1,800
Other Govtl Revenues 6,512 91,276 66,430 70,000 8,000
Beaumont Bldg Permit 5,500 29,400 20,000 25,600 20,000
Vehicle License Fees (VLF) 1,137,502 1,312,885 1,454,000 1,454,000 1,483,000 CARES Act. COVID Grant 115,186 - - - -
Total Intergovernmental 1,266,493 1,435,249 1,542,230 1,551,400 1,512,800 Fines & Forfeitures
Parking/Registration 4,693 11,904 8,000 11,000 7,000
Admin Citations 4,620 9,840 8,000 8,000 8,000
Vehicle Impound Cost Recovery 2,375 2,250 2,500 2,500 2,500 EMSA Penalties - - 7,000 20,200 7,500
Building Abatement 500 300 150 150 150
Abandoned Vehicle Fees - - - - -
Total Fines & Forfeitures 12,188 24,294 25,650 41,850 25,150 Building & Safety
Building Permits 899,220 357,658 325,000 225,000 437,000 Building Permit Admin Fee 45,938 27,839 17,500 13,500 7,200 (pass thru) Green Fee 270 99 600 600 300
Weed Abatement 12,430 18,680 5,000 5,000 5,000
Total Building & Safety $ 957,858 404,276 $ 348,100 $ 244,100 $ 449,500 Use of Money & Property
T-Mobile Rent $ 34,187 35,555 $ 36,976 $ 36,976 $ 38,450 Facility Rental 2,400 2,400 2,400 2,400 1,200
Microfilming Fees 11,353 3,485 2,000 2,000 2,000
Passport Applications - 2,766 - - -
Sales of Copies 1,351 1,557 800 1,500 800
Interest Income 42,411 37,066 36,000 100,000 50,000
Total Use of Money & Property 91,702 $ 82,830 78,176 142,876 92,450 City of Calimesa
Revenue Summary - General Fund
Fiscal Year 2023-24

20 Revenue
Actuals
Fiscal Year
2020-21
Actuals
Fiscal Year
2021-22
Amended
Budget Fiscal
Year 2022-23
Projected
Actuals Fiscal
Year 2022-23
Proposed
Fiscal Year
2023-24
City of Calimesa
Revenue Summary - General Fund
Fiscal Year 2023-24
Charges for Services - Planning & Engineering
Encroachment Permits 12,714 12,214 12,000 6,000 6,000
Mitigation Fees 294 148 800 1,000 250
Planning Fees 955 245 - - -
Plan Check Fees 50,588 86,389 400,000 400,000 121,700
Development Plan Review 8,825 5,810 7,000 15,000 5,000
Second Unit - 830 - - -
Grading Fees 6,785 2,400 3,000 3,000 2,500
Temporary Use Permit - 1,655 100 100 100
General Plan Maintenance Fee 72,660 26,261 22,000 16,000 15,000 Zoning Review - 1,225 - - -
Technology Surcharge 21,951 7,936 5,000 3,000 3,000
Fire Prevention Fees 70,664 47,229 180,000 180,000 63,000 Mobile Home Registration Fee 30,170 32,116 29,500 33,000 29,500 Total Planning & Engineering Charges 275,606 224,458 659,400 657,100 246,050 Charges for Services
Public Services CFD cost contribution 315,000 650,000 700,000 700,000 975,000 Administrative Fee (projects, applications) 68,137 63,933 40,000 40,000 40,000 Miscellaneous 78,689 15,908 50,000 46,000 15,000
Development Agreement Fee 392,301 234,133 1,805,315 1,805,315 90,000 Credit Card Fees 8,920 8,092 7,500 7,500 7,500
863,047 972,066 2,602,815 2,598,815 1,127,500
Licenses & Permits
Business License 25,559 30,895 23,000 23,000 21,000
Business License - New - Inspections 3,387 2,464 2,800 2,800 5,000 Business License - New Application Review 3,360 2,560 2,400 2,400 2,400 Business License - Annual Fire Inspection 10,010 10,934 8,500 8,500 13,000 Home Occupation Permits 3,078 2,394 1,200 1,900 1,200
Wide Load Permits 346 538 202 202 250
Recycle Deposit 17,735 1,238 392,000 392,000 2,000
Sign Applications 2,555 4,611 1,000 2,000 1,500
Total Licenses & Permits 66,030 55,633 431,102 432,802 46,350 Other Revenue
Reimbursements 77,564 - - - -
Community Benefit Charge 179,000 30,000 8,000 - -
Total for Misc Revenue 256,564 30,000 8,000 - -
GENERAL FUND TOTAL $ 8,969,371 $ 9,247,801 $ 11,799,473 $ 12,153,276 $ 10,071,600 Total Charges for Services

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21

22 Actuals
Fiscal
Year
2020-21
Actuals
Fiscal
Year
2021-22
Amended
Budget
Fiscal
Year
2022-23
Projected
Actuals
Fiscal
Year
2022-23
Proposed
Fiscal
Year
2023-24
1100 City Council $ 55,178 $ 60,429 $ 79,370 $ 71,870 $ 77,955 1200 City Manager 302,942 313,968 772,727 771,327 390,509 1300 City Clerk - General Operations 120,320 99,312 108,699 99,821 158,699 1310 City Clerk - Mobile Home Rent Control 10,117 10,627 23,387 13,387 24,255 1320 City Clerk - Human Resources 72,462 73,210 89,053 89,053 78,906 1330 City Clerk - Risk Management 169,533 193,865 225,500 205,357 218,401 1400 City Attorney 110,413 159,613 185,000 215,000 185,000 2000 Finance 174,081 273,860 385,736 385,711 409,631
2100 Information Technology 142,183 201,505 245,463 222,823 217,032 3000 Comm Dev-Planning, Build. & Safety,Code 831,952 705,994 1,137,936 1,085,536 884,490 3300 Engineering 52,649 41,850 107,281 82,281 85,964
4000 Citizens On Patrol 463 1,029 4,850 4,850 4,850
4100 Police 1,955,695 2,314,205 2,456,219 2,456,219 2,504,012 4200 Animal Control 40,000 48,289 48,289 48,289 61,000
4300 Fire Department 2,086,104 2,261,475 5,312,195 5,312,195 3,158,861 4900 Community Services - Senior Center 154,586 112,482 164,175 161,250 160,493 5100 Public Works Department 427,234 395,278 639,132 619,555 484,811 8100 Non-Departmental 274,410 127,312 149,283 149,283 161,830 Total Operating and Maintenance $ 6,980,322 $ 7,394,303 $ 12,134,295 $ 11,993,807 Total Transfers Out $ 164,000 $ 91,849 $ 1,113,705 $ 1,113,705 Total General Fund $ 7,144,322 $ 7,486,152 $ 13,248,000 $ 13,107,512 $ 11,475,599 $ 2,208,900
$ 9,266,699
City of Calimesa
Expenditures by Department
Fiscal Year 2023-24

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24 City Council
Program Overview
Program Description and Purpose
The City Council serves as the primary policy-making and legislative body of the City. The Council meets every first and third Monday of the month. Special study sessions may be scheduled periodically, and additional meetings are called when necessary. The City Council reviews and discusses proposed recommendations, which result in the implementation of the Council’s adopted strategies and the City’s Mission Statement. The Council holds public hearings to solicit public comment, petitions and complaints. The City Council appoints commission and committee members and establishes ad hoc committees as needed. The City Council adopts the City’s annual operating budget and capital improvement program. In 2020, the City Council adopted its first five-year Strategic Plan. The Strategic Plan helps guide staff on City Council priorities. The policies and directives of the City Council are implemented by the City Manager through the City Staff.

This division accounts for the general legislative expenditures for the City Council. Primary expenditures include five Council Member salaries for attendance at City meetings. Additional expenditures include federal lobbyist contract, attendance at conferences and governmental organization memberships.

The City Council also serves as theSuccessorAgency Board to the former Calimesa Redevelopment Agency.

25 City of Calimesa
City Council
Fiscal Year 2023-24
Actuals
Fiscal
Year
2020-21
Actuals
Fiscal
Year
2021-22
Amended
Budget
Fiscal
Year
2022-23
Projected
Actuals
Fiscal
Year
2022-23
Proposed
Fiscal
Year
2023-24
Fund 01 - General Fund
Dept 1100

PERSONNEL COSTS
6010 Salaries $ 17,850 $ 18,000 $ 18,000 $ 18,000 $ 18,000 6220 Insurance Benefits - - 7,500 - 5,000
6400 Benefits 1,719 2,075 1,670 1,670 2,205
19,569 20,075 27,170 19,670 25,205

OPERATIONS & MAINTENANCE
7210 Professional Services 20,000 20,000 20,800 20,800 20,800 7420 Communications 2,814 2,773 3,500 3,500 3,500
7585 Travel/Training & Conferences 2,125 1,326 7,700 7,700 10,700 7590 Meeting & Mileage Reimb. 15 33 3,550 3,550 550
7650 Dues & Memberships 10,655 16,222 16,650 16,650 17,200 35,609 40,354 52,200 52,200 52,750
Total City Council $ 55,178 $ 60,429 $ 79,370 $ 71,870 $ 77,955

26 Fund 01 - General Fund
Dept 1100
7210 Professional Services
Turch & Associates - Federal Lobbyist $ 20,000
Council Portrait 800
20,800
7420 Communication
Cell Phone 55/mo @ 5 3,300
Misc Phone/accessories 200
3,500
7585 Travel & Training
$2,140 @ 5 Council Members 10,700
7590 Meeting/Mileage Reimbursement
Pass Area Mayors/Managers Monthly Breakfast 300
T-Now lunch - host 2 per year 250
550
7650 Dues and Memberships
Riverside County - LAFCO 2,000
League of Ca. Cities - Riverside 100
League of Ca. Cities - State 6,550
WRCOG - Clean Cities 1,850
WRCOG - Membership dues 1,450
WRCOG - Solid Waste 3,050
SCAG 1,450
San Gorgonio Pass Water Task Alliance 750
17,200
Totals $ 52,750
City of Calimesa
City Council
Fiscal Year 2023-24

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27

28 City Manager
Program Overview
Program Description and Purpose
The City Manager is appointed by the City Council to be the administrative head of the municipal government operations. As the administrative head, he supervises and coordinates the activities of the various City departments. The five primary responsibilities of the City Manager include:

1. Identifying problems/issues in key areas of interest relating to the City.

2. Formulating appropriate solutions and making policy recommendations to the City Council.

3. Encouraging responsible public and employee participation in the governmental process.

4. Represent the City at the local, regional, State and national level through membership and participation in a variety of organizations.

5. Serve as Director of Emergency Services during times of declared emergencies and Emergency Operation Center (EOC) activities and activations.

FY 2023-2024 Goals and Objectives
• Work with Oak Valley Partners to attract quality retail tenants to the planned Oak Valley Town Center.
• Work with the City Council to continue implementation of City’s strategic plan goals. • Engage the public with various communication strategies, including social media, workshops, and podcasts.
• Work with Engineering, Public Works, and Finance to establish a comprehensive five-year Capital Improvement Program, including planning for facility improvements and vehicle replacement.
• Update the City’s Reserve Policy to establish policy limits for the newly established Capital Projects Fund, Vehicle Replacement Fund, and Information Technology Replacement Fund.
• Collaborate with other agencies to establish recreational programs within the City.

29 City of Calimesa
City Manager
Fiscal Year 2023-24
Actuals
Fiscal
Year
2020-21
Actuals
Fiscal
Year
2021-22
Amended
Budget
Fiscal
Year
2022-23
Projected
Actuals
Fiscal
Year
2022-23
Proposed
Fiscal
Year
2023-24
Fund 01 - General Fund
Dept 1200

PERSONNEL COSTS
6010 Salaries $ 176,591 $ 186,925 $ 559,798 $ 559,798 $ 274,180 6221 Management Incentive Pay 11,087 9,216 9,171 9,171 14,560 6400 Benefits 47,374 52,986 102,618 102,618 96,629
235,052 249,127 671,587 671,587 385,369

OPERATIONS & MAINTENANCE
7210 Professional Services 66,000 63,250 96,000 96,000 - 7420 Communications 490 486 1,240 1,240 600
7585 Travel/Training & Conferences - (430) 2,000 1,000 2,640 7590 Meeting & Mileage Reimb. - 25 500 100 500
7650 Dues & Memberships 1,400 1,510 1,400 1,400 1,400
67,890 64,841 101,140 99,740 5,140
Total City Manager $ 302,942 $ 313,968 $ 772,727 $ 771,327 $ 390,509 Staff Allocations:

City Manager 1.00
Deputy City Manager/City Clerk 0.10
Exec Asst/Deputy City Clerk 0.20
Administrative Assistant I 0.20
Administrative Assistant I 0.20
Total FTE 1.70

30 Fund 01 - General Fund
Dept 1200
7210 Professional Services $ -
7420 Communication
Cell Phone $50 per month 600
600
7585 Travel & Training
League of CA Cities Conference 880
League of CA Cities City Managers Conference 880
League of CA Cities City Managers Exec. Committee 880
2,640
7590 Meeting/Mileage Reimbursement
League of CA Cities 400
Other Meetings 100
500
7650 Dues and Memberships 1,400
Totals $ 5,140
City of Calimesa
City Manager
Fiscal Year 2023-24

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32 City Clerk/Human Resources
& Risk Management
Program Overview
Program Description and Purpose
The City Clerk is an appointed position whose primary responsibility is the management of all official City records. Responsibilities include all municipal records, records management, Council agendas and minutes, Commission minutes and agendas, municipal elections, legal public notices, maintenance of the Municipal Code and administrative policy manual, Fair Political Practices Commission filings, Conflict of Interests review, Ethics Training, supplying records and providing information to City Council, departments and the public, passports, bingo license and Mobile Home Rent Stabilization. The Clerk also serves as Secretary for the City’s Successor Agency to the Calimesa Redevelopment Agency.

The City Clerk has oversight roles for the Human Resources and Risk Management Functions and is responsible for employee retention, training, recruitment, benefits (health related insurances and vacation/medical leaves), grievances, and maintenance of personnel policies and procedures.

Furthermore, for the Risk Management functions, the City Clerk is responsible for Workers Compensation, Liability, and Property Insurances.

FY 2023-2024 Goals and Objectives
• Update the City-Wide Records Retention Schedule from the 1999 adopted version. • Perform the first ever destruction of city records pursuant to the City’s records retention schedule.
• Implement Supplement No. 11 of the Calimesa Municipal Code. • Complete updated policies, procedures, forms and processes for the Fire Department with APTriton.(Grant monies from CIRA).
• Implement electronic FPPC required filings with Granicus for elected officials, staff, and City Commissioners.

FY 2022-2023 Accomplishments
• Implemented Supplement No. 10 of the Calimesa Municipal Code. • Completed the required Bi-Annual review of the City’s Conflict of Interest Code in October 2022.
• Successfully held a General Municipal City Council election consolidating with the Riverside County Registrar of Voters in November 2022 for two City Council Seats. • Successfully held a swearing in and outgoing Council and Commissioner Appreciation Ceremony at a City Council meeting in December 2022.
• Participated as a designated vote-by-mail ballot drop off location with a ballot box provided by the County of Riverside Registrar of Voters for the November General Election. • Participated as a designated Voting Assistance Center location with services provided for 4 days by the County of Riverside Registrar of Voters for the November General Election. • Maintained Compliance of the required AB1234 Ethics Training. • Maintained Compliance of the required Sexual harassment Training.

33 City of Calimesa
City Clerk General Operations and Mobile Home Rent
Fiscal Year 2023-24
Actuals
Fiscal
Year
2020-21
Actuals
Fiscal
Year
2021-22
Amended
Budget
Fiscal
Year
2022-23
Projected
Actuals
Fiscal
Year
2022-23
Proposed
Fiscal
Year
2023-24
City Clerk - General Ops/Functions
Fund 01 - General Fund
Dept 1300

PERSONNEL COSTS
6010 Salaries $ 74,859 $ 78,493 $ 58,947 $ 58,947 $ 94,447 6400 Benefits 22,024 23,463 20,871 20,871 35,372
96,883 101,956 79,818 79,818 129,819

OPERATIONS & MAINTENANCE
7210 Professional Services 1,334 1,525 3,880 3,880 4,150 7230 Other Contract Services 5,492 5,408 7,500 7,500 28,990 7550 Advertising 4,466 5,831 5,000 5,000 5,000
7585 Travel & Training 704 146 3,800 3,800 2,500
7590 Meeting & Mileage Reimb. - - 150 150 150
7650 Dues & Memberships 265 575 375 375 385
7725 Minor Equipment 7,039 843 2,000 2,300 1,000
7735 Special Supplies 1,543 772 500 1,240 500
7760 Elections 15,484 - 12,200 2,282 -
7770 Miscellaneous - 54 - - -
36,327 15,154 35,405 26,527 42,675
Total General Functions 133,210 117,110 115,223 106,345 172,494 7100 Less: Cost Allocation 12,890 17,798 6,524 6,524 13,795 Net General Functions 120,320$ $ 99,312 108,699$ $ 99,821 158,699$ Staff Allocations:

Deputy City Manager/City Clerk 0.27
Exec Asst/Deputy City Clerk 0.39
Administrative Assistant 1 (2) 0.40
Total FTE 1.06
Mobile Home Rent Control
Fund 01 - General Fund
Dept 1310

PERSONNEL COSTS
6010 Salaries $ 7,601 $ 7,999 $ 9,697 $ 9,697 $ 10,146
6400 Benefits 2,516 2,628 3,690 3,690 4,109
10,117 10,627 13,387 13,387 14,255

OPERATIONS & MAINTENANCE
7215 Legal Services - - 10,000 - 10,000
- - 10,000 - 10,000
Total Mobile Home Rent Control $ 10,117 $ 10,627 $ 23,387 $ 13,387 $ 24,255 Staff Allocations:

Deputy City Manager/City Clerk 0.03
Exec Asst/Deputy City Clerk 0.02
Administrative Assistant I (2) 0.08
Total FTE 0.13

34 Fund 01 - General Fund
Dept 1300 - General Operations
7210 Professional Services
Adobe Pro $ -
Muni Code Web Host 650
Muni Code Update 3,500
4,150
7230 Other Contract Services
Annual Records Storage & Destruction Costs 20,000
Granicus FPPC Electronic Filing 3,500
Restream Inc. 490
Archive Social - Social Media Records Mgmt. 5,000
28,990
7550 Advertising
News Mirror/Press Enterprise - Citywide 5,000
7585 Travel & Training
Clerks Conference/Annual Election Law 2,500
7590 Meeting/Mileage Reimbursement
SoCal Clerks Association Meetings 150
7650 Dues & Memberships
CA City Clerk Assoc. Membership 200
International Institute Municipal Clerk 185
385
7725 Minor Equipment
Audio and Streaming Incidentals 1,000
7735 Special Supplies
Plaques/Proclamation Supplies 500
7760 Elections -
Totals $ 42,675
Fund 01 - General Fund
Dept 1310 - Mobile Home Rent Control
7215 Legal Services
Mobile Home Rent Stabilization 10,000
Totals $ 10,000
City of Calimesa
Fiscal Year 2023-24
City Clerk General Operations and Mobile Home Rent

35 City of Calimesa
City Clerk Human Resources and Risk Management
Fiscal Year 2023-24
Actuals
Fiscal
Year
2020-21
Actuals
Fiscal
Year
2021-22
Amended
Budget
Fiscal
Year
2022-23
Projected
Actuals
Fiscal
Year
2022-23
Proposed
Fiscal
Year
2023-24
Human Resources
Fund 01 - General Fund
Dept 1320

PERSONNEL COSTS
6010 Salaries $ 51,713 $ 54,179 $ 58,902 $ 58,902 $ 49,941 6400 Benefits 15,427 16,385 19,525 19,525 19,159
67,140 70,564 78,427 78,427 69,100

OPERATIONS & MAINTENANCE
6215 PERS Retiree Health 699 - - - -
7210 Professional Services 7,513 7,273 8,700 8,700 8,700 7585 Travel & Training 200 74 1,000 1,000 500
7590 Meeting & Mileage Reimb. - - 100 100 100
7650 Dues and Memberships 330 111 400 400 400
7770 Miscellaneous 2,887 3,738 5,000 5,000 5,000
11,629 11,196 15,200 15,200 14,700
Total Human Resources 78,769 81,760 93,627 93,627 83,800 7100 Less: Cost Allocation 6,307 8,550 4,574 4,574 4,894 Net Human Resources $ 72,462 $ 73,210 $ 89,053 $ 89,053 $ 78,906 Staff Allocations:

Deputy City Manager/City Clerk 0.20
Sr. Administrative Assistant 0.09
Administrative Assistant I (2) 0.20
Total FTE 0.49
Risk Management
Fund: 01 - General Fund
Dept: 1330

PERSONNEL COSTS
6010 Salaries $ 41,370 $ 43,502 $ 48,225 $ 48,225 $ 50,741 6400 Benefits 12,674 13,421 16,433 16,433 19,409
54,044 56,923 64,658 64,658 70,150

OPERATIONS & MAINTENANCE
7210 Professional Services 942 5,166 7,000 7,000 7,000
7510 Workers Compensation 30,854 35,197 34,935 30,200 33,000 7511 Property Insurance Premium 14,035 14,266 15,000 14,450 15,000 7513 Fidelity Bond/Crime Insurance 827 - 5,987 5,100 6,047 7514 Liability Insurance 79,491 85,035 103,271 93,700 95,000 7516 Pollution Coverage 107 339 610 510 610
7585 Travel/Training - 386 5,300 1,000 5,300
126,256 140,389 172,103 151,960 161,957
Total Risk Management 180,300 197,312 236,761 216,618 232,107 7100 Less: Cost Allocation 10,767 3,447 11,261 11,261 13,706 Net Risk Management $ 169,533 $ 193,865 $ 225,500 $ 205,357 $ 218,401 Staff Allocations:

Deputy City Manager/City Clerk 0.20
Exec Asst/Deputy City Clerk 0.10
Administrative Assistant I (2) 0.20
Total FTE 0.50

36 Fund 01 - General Fund
Dept 1320 - Human Resources
7210 ERISA and COBRA annual compliance and reporting $ 1,500 Employee Assistance Program 7,200
8,700
7585 Travel & Training 500
7590 Meetings/Mileage Reimbusrement 100
7650 Dues and Memberships 400
7770 Miscellaneous
Recruitments costs, Advertising 5,000
Totals $ 14,700
Fund 01 - General Fund
Dept 1330 - Risk Management
7210 Professional Services
Liebert, Cassidy, Whitmore - Legal Consulting 4,000
Exam Professionals - Pre Employment Physicals, etc. 3,000 7,000
7510 Workers Compensation
Workers Compensation Insurance 33,000
7511 Property Insurance
City Property Insurance 15,000
7513 Crime Insurance
Cyber Liability 5,058
Deadly Weapons 60
Crime Bond Premium 929
6,047
7514 Liability Insurance
Liability Premium 88,000
Termination Benefit Premium 7,000
95,000
7516 Pollution Insurance 610
7585 Travel & Training
Target Solutions - CIRA & Other 3,800
EOC and Public Information Officer training 1,500
5,300
Totals $ 161,957
City of Calimesa
City Clerk Human Resources and Risk Management
Fiscal Year 2023-24

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37

38 City of Calimesa
City Clerk Summary
Fiscal Year 2023-24
Actuals
Fiscal
Year
2020-21
Actuals
Fiscal
Year
2021-22
Amended
Budget
Fiscal
Year
2022-23
Projected
Actuals
Fiscal
Year
2022-23
Proposed
Fiscal
Year
2023-24
Summary - All City Clerk Departments
Fund 01 - General Fund
Dept 1300-1330

PERSONNEL COSTS
6010 Salaries $ 175,543 $ 184,173 $ 175,771 $ 175,771 $ 205,276 6400 Benefits 52,641 55,897 60,519 60,519 78,048
228,184 240,070 236,290 236,290 283,324

OPERATIONS & MAINTENANCE
6215 PERS Retiree Health 699 - - - -
7210 Professional Services 9,789 13,964 19,580 19,580 19,850 7215 Legal Services - - 10,000 - 10,000
7230 Other Contract Services 5,492 5,408 7,500 7,500 28,990 7510 Workers Compensation 30,854 35,197 34,935 30,200 33,000 7511 Property Insurance Premium 14,035 14,266 15,000 14,450 15,000 7513 Fidelity Bond/Crime Insurance 827 - 5,987 5,100 6,047 7514 Liability Insurance 79,491 85,035 103,271 93,700 95,000 7516 Pollution Insurance 107 339 610 510 610
7550 Advertising 4,466 5,831 5,000 5,000 5,000
7585 Travel/Training 904 606 10,100 5,800 8,300
7590 Meeting & Mileage Reimb. - - 250 250 250
7650 Dues & Memberships 595 686 775 775 785
7725 Minor Equipment 7,039 843 2,000 2,000 1,000
7735 Special Supplies 1,543 772 500 500 500
7760 Elections 15,484 - 12,200 12,200 -
7770 Miscellaneous 2,887 3,792 5,000 5,000 5,000
174,212 166,739 232,708 202,565 229,332
Total City Clerk 402,396 406,809 468,998 438,855 512,656 7100 Less: Cost Allocation 29,964 29,795 29,630 29,630 32,395 Net City Clerk $ 372,432 $ 377,014 $ 439,368 $ 409,225 $ 480,261 Staff Allocations:

Deputy City Manager/City Clerk 0.70
Exec Asst/Deputy City Clerk 0.60
Administrative Assistant I (2) 0.88
Total FTE 2.18

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40 City Attorney
Program Overview
Program Description and Purpose
The City Attorney’s office represents the City Council and City staff in matters of law pertaining to their offices, and represents and appears on behalf of the City and its officers in all civil actions and proceedings. In addition to attending all regular City Council meetings, Successor Agency meetings, and other meetings as required, the City Attorney prepares and/or reviews necessary legal documents such as contracts, deeds, ordinances, and resolutions, and performs legal research and prepares opinions. The City Attorney for the City is appointed by the City Council on a contractual basis.

FY 2023-2024 Goals and Objectives
• Continue to provide effective legal services to all City officers, departments, agencies, boards and commissions.
• Continue to reduce liability exposure through timely advice. • Continue code enforcement efforts.
• Review all resolutions/ordinances.
• Respond to typical inquiries within 24 hours.
• Attend all City Council and Successor Agency meetings.

41 City of Calimesa
City Attorney
Fiscal Year 2023-24
Actuals
Fiscal
Year
2020-21
Actuals
Fiscal
Year
2021-22
Amended
Budget
Fiscal
Year
2022-23
Projected
Actuals
Fiscal
Year
2022-23
Proposed
Fiscal
Year
2023-24
Fund 01 - General Fund
Dept 1400

PERSONNEL COSTS
6010 Salaries $ - $ - $ - $ - $ -
6400 Benefits - - - - -
- - - - -

OPERATIONS & MAINTENANCE
7215 Legal Services - General 110,413 154,539 125,000 155,000 125,000 7216 Legal Services - Special - - 20,000 20,000 20,000
7217 Legal Services - Litigation - 5,074 40,000 40,000 40,000 110,413 159,613 185,000 215,000 185,000
Total City Attorney $ 110,413 $ 159,613 $ 185,000 $ 215,000 $ 185,000

42 Fund 01 - General Fund
Dept 1400
7215 Legal Services - General $ 125,000
7216 Legal Services - Special 20,000
7217 Legal Services - Litigation 40,000
Totals $ 185,000
City of Calimesa
City Attorney
Fiscal Year 2023-24

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44 Finance Department
Program Overview
Program Description and Purpose
The Finance Department is responsible for the City of Calimesa’s financial management. Financial management includes financial accounting, financial planning, cash management and forecasting, budgeting, payroll processing, capital project accounting, grant accounting and reporting, revenue recognition, expenditure reporting, purchasing, accounts payable, and debt administration. The Finance Department supports reasonable accounting procedures and internal controls to ensure financial information is reliable and safeguarding of the City’s assets. The Finance Department provides financial reports and information to the public and completes required filings with several governmental agencies. The financial reports include the Annual City Budget, Mid-Year Budget Review, Monthly Treasurer’s Report, Annual Report of Financial Transactions to the State Controller, Annual Report of Street and Road Expenditures, Annual Audit Report and Financial Statements, and Reports of Agreed Upon Procedures for Measure A and MSHCP funds. The Finance Department is responsible for payroll tax filings including quarterly and annual payroll tax reports, annual W2 forms and 1099 tax filing forms. The Finance Department oversees the City’s decentralized purchasing system, reviews purchase requisitions, and provides training to departmental staff on the proper methods of purchasing goods and service in accordance with the City’s purchasing ordinance and related policies. The Finance Department provides the City Council and City management with information necessary to make sound financial decisions.

FY 2023-2024 Goals and Objectives
• Engage and work with consultant for the Cost Allocation Plan and User Fee Study • Automate and streamline Payroll Time and Attendance reporting • Implement Accounts Receivable software module to enhance efficiency and reporting • Hire Senior Accountant position and ensure comprehensive cross training of financial management FY 2022-2023 Accomplishments
• Implemented accounting software modules for Business Licenses and Purchase Orders to enhance efficiency and reporting.
• Updated the City’s Investment Policy and monthly Treasurer’s Report to support the best practice methods of reporting and meet all regulatory and legal requirements. • Implemented a Procurement Card management system and written policy to support enhanced internal controls.
• Updated fee agreements with the City’s banking institution for credit card services and bank fees for reduced and favorable rates.
• Completed requests for proposals and selections of Professional Services for a Cost Allocation Plan and User Fee Study Services and Professional Audit Services.

45 City of Calimesa
Finance
Fiscal Year 2023-24
Actuals
Fiscal
Year
2020-21
Actuals
Fiscal
Year
2021-22
Amended
Budget
Fiscal
Year
2022-23
Projected
Actuals
Fiscal
Year
2022-23
Proposed
Fiscal
Year
2023-24
Fund 01 - General Fund
Dept 2000

PERSONNEL COSTS
6010 Salaries $ 104,514 $ 195,775 $ 214,800 $ 214,800 $ 306,717 6221 Management Incentive Pay 652 1,317 1,310 1,310 -
6400 Benefits 39,096 59,247 64,050 64,050 86,856
144,262 256,339 280,160 280,160 393,573

OPERATIONS & MAINTENANCE
7210 Professional Services 78,576 68,970 118,160 118,160 58,300 7230 Other Contract Services 4,444 4,649 14,538 14,498 9,750 7420 Communications - 434 420 420 540
7585 Travel/Training & Conferences 550 1,824 3,000 3,000 4,000 7650 Dues & Memberships 110 397 395 410 445
7725 Minor Equipment - - 350 350 500
7735 Special Supplies 705 - 825 825 950
84,385 76,274 137,688 137,663 74,485
Total Finance 228,647 332,613 417,848 417,823 468,058
7100 Less: Cost Allocation 54,566 58,753 32,112 32,112 58,427 Net Finance $ 174,081 $ 273,860 $ 385,736 $ 385,711 $ 409,631 Staff Allocations:

Finance Director 1.00
Senior Accountant 1.00
Accountant 0.85
Exec Asst/Deputy City Clerk 0.10
Administrative Assistant I (2) 0.32
Total FTE 3.27

46 Fund 01 - General Fund
Dept 2000
7210 Professional Services
HDL-Sales Tax $ 7,000
HDL-Property Tax 10,300
Contract Financial Services -
Annual Audit 40,000
GASB CalPERS Report 1,000
58,300
7230 Other Contract Services
Adobe Pro - 2 @ $400 800
Software for Design Documents 250
ADP Time & Attendance Module 1,700
FundBalance Annual Maintenance 7,000
9,750
7420 Communications
Cell phone $45 @ 12 months 540
7585 Travel & Training 4,000
7650 Dues and Memberships
CSMFO 120
CMTA 100
GFOA 225
445
7725 Minor Equipment
Office Equipment 500
7735 Special Supplies
Budget Supplies/Storage Boxes 200
Annual Tax Forms 150
Check & Business License Stock 600
950
Total $ 74,485
City of Calimesa
Finance
Fiscal Year 2023-24

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48 Information Technology
Program Overview
Program Description and Purpose
The Information Technology Department is responsible for the effective utilization of information technology throughout the City and for implementation of information systems planning consistent with the City’s business needs. Functional areas of responsibility include all computer systems, midrange and microcomputers, electronic communications, and computer training for City employees.

FY 2023-2024 Goals and Objectives
• Replacement of Server Switches for City’s Main Network Servers. • Completion of the new server room for the City’s Main Network Servers. • Replacement of Server for City’s Main Network.
• Installation of Wi-Fi and network connections in Senior Center.

FY 2022-2023 Accomplishments
• Creation and implementation of the new City website was completed by Civic Plus. • Creation and implementation of the new City logo was completed by CivicPlus. • Completion of the Installation of cabling, cameras and computer software for Council meeting streaming capabilities with VMix Software.

49 City of Calimesa
Information Technology
Fiscal Year 2023-24
Actuals
Fiscal
Year
2020-21
Actuals
Fiscal
Year
2021-22
Amended
Budget
Fiscal
Year
2022-23
Projected
Actuals
Fiscal
Year
2022-23
Proposed
Fiscal
Year
2023-24
Fund 01 - General Fund
Dept 2100

PERSONNEL COSTS
6010 Salaries $ 6,305 $ 11,676 $ 41,515 $ 41,515 $ 44,353 6400 Benefits 2,549 3,631 13,089 13,089 16,193
8,854 15,307 54,604 54,604 60,546

OPERATIONS & MAINTENANCE
7210 Professional Services 21,796 26,722 25,050 25,050 30,175 7230 Other Contract Services 93,702 121,036 103,800 103,800 117,200 7420 Communications 19,765 24,531 25,050 25,050 26,050
7430 Repairs/Maintenance 206 10 500 500 500
7625 Computer Supplies 220 - 350 350 350
7720 Supplies - Equipment 10,802 8,698 37,000 37,000 12,000 7725 Minor Equipment - 4,000 4,000 4,000 -
8100 Equipment - 13,057 38,900 16,260 -
146,491 198,054 234,650 212,010 186,275
Total Information Technology 155,345 213,361 289,254 266,614 246,821 7100 Less: Cost Allocation 13,162 11,856 43,791 43,791 29,789 Net Information Technology $ 142,183 $ 201,505 $ 245,463 $ 222,823 $ 217,032 Staff Allocations:

Deputy City Manager/City Clerk 0.20
Accountant 0.15
Total FTE 0.35

50 Fund 01 - General Fund
Dept 2100
7210 Professional Services
Sonic Wall - Website virus protection - Western NRG $ 1,000 Sonic Wall - 5 VPN Licenses for remote users 500
Social Media Software Subscription $10.00 per month 120 Website Domain Host 110
Laserfiche Cloud Support Maintenance 6,075
Annual Server Warranty 1,200
Malware/Virus Protec. BIT Defender - 60 WS @ $22 1,320
Offsite Backup - Server Image Licensing 1,000
MS Office Suite 55 $ $300 16,500
Zoom Annual Subscriptions 3 @ $150 450
Readerboard Maintenance Agreement 1,900
30,175
7230 Other Contract Services
Annual Contract - Acorn Technologies $3,950 monthly 47,400 Outsource Labor - Acorn Technologies 8,000
GIS - Geoviewer - Nobel Enterprises 35,000
GIS - workorder application 10,000
GIS - Updates Unlimited 6,800
Website Support/Maintenance/Hosting 10,000
117,200
7420 Communication
Frontier FAX 550
Spectrum Internet and WiFi 18,300
8 x 8 Cloud Phone System 7,200
26,050
7430 Repair & Maintenance Equipment 500
7625 Computer Supplies
IT Incidentals (screen protectors, anti-glare, cleaning) 350 7720 Supplies - Equipment
Computers/Monitors (5) 8,500
WIFI Access Improvements 3,000
Replacement phone (8 x 8) 500
12,000
7725 Minor Equipment -
8100 Equipment -
Totals $ 186,275
City of Calimesa
Information Technology
Fiscal Year 2023-24

51 Community Development
Program Overview
The Community Development Department consists of the following three City Divisions: 1) Planning, 2) Building and Safety, and 3) Code Enforcement. These Divisions are aimed at serving residents and the general public and the public health, safety, and welfare by ensuring that development is in accordance with the City’s adopted General Plan, Zoning Code, Health and Safety Code, and the Uniform Building and Fire Codes.

Planning Division
The Planning Division is responsible for enforcing the City’s development standards as identified in the City of Calimesa Municipal Code Chapter 18 Zoning Ordinance, and for ensuring that all existing and future development is consistent with the City’s General Plan, which identifies the City’s long-range plans. As new development is proposed, the Planning Division coordinates the review of land use entitlement applications with all applicable City departments/divisions and outside agencies. Relevant land use entitlement applications include General Plan Amendments, Development Plan Reviews, Conditional Use Permits, Specific Plans, Development Agreements, Tentative Tract/Parcel Maps, Variances, and Temporary Use Permits. The Planning Division also ensures that the planning process complies with all State and Federal environmental review requirements and provides general zoning information to the public.

The Planning Director and Associate Planner present project-related reports to the Planning Commission and City Council. The City’s Executive Assistant/Deputy City Clerk serves as the secretary to the Planning Commission.

Building and Safety Division
The Building & Safety Division is responsible for reviewing plans, issuing permits and conducting field inspection for all construction activities in the City to ensure compliance with the adopted California Building Codes including but not limited to; Electrical, Plumbing, Energy, Green, Disabled Access and Fire Codes. The Building and Safety Division conducts pre- and post-construction inspections, issues Notices of Violation for building code violations, and reviews building plans for compliance with State building codes prior to issuing permits. Building Division also serves as the coordinator of the plan review process, ensuring that all pertinent departments and agencies are included in the review and permitting process. The Building Division is guided by the standards of the State’s Building Code.

Code Enforcement Division
The Code Enforcement Division is responsible for abating violations of the Calimesa Municipal Code to protect the public’s health, safety, and general welfare, as well as overseeing the registration of vacant and abandoned properties. Major tasks include the abatement of zoning code violations, enforcement of business license violations, maintenance of the code enforcement database,

52 Community Development
Program Overview (continued)
monthly monitoring of vacant and abandoned properties, implementation of the abandoned vehicle program and the weed abatement program. This division issues citations and works closely with the Community Development Department Staff and City Attorney’s office to make sure violations are brought into compliance.

FY 2022-2023 Accomplishments
• Processed Specific Plan Area 1 – Amendment 3 for the Summerwind Ranch at Oak Valley Specific Plan, including development plan review and conditional use permit applications for the Birtcher Oak Valley Commerce Center. • Continued processing implementing plans for the Summerwind Commons, an approximately 75,000 square foot commercial/retail shopping center within the Summerwind Ranch at Oak Valley Specific Plan.
• Issued a certificate of occupancy for a diesel fuel canopy project located at County Line Road/ County Line Lane.
• Continued entitlement review of a commercial subdivision to include a truck stop/travel center immediately east of 7th Street.
• Entitlement approval was granted for Tentative Tract Map 37802, a proposed 179 residential lot subdivision on Desert Lawn Drive.
• Issued the final certificates of occupancy for the phase 1 residential portion of the Summerwind Ranch at Oak Valley Specific Plan.
• Coordinated with several potential developers about housing, retail, and commercial development within the City of Calimesa. • Worked with the City’s CEQA consultants to draft and circulate Initial Study/Mitigated Negative Declarations (IS/ MND) for various Capital Improvement Plan projects such as the Stage 3 Calimesa Creek storm drain project and Calimesa Boulevard/County Line Road intersection improvement project.
• Circulated a Draft Environmental Impact Report for the Residential Infill Priority Area Overlay Zone project.
• Continued coordinating with the State of California Department of Housing and Community Development regarding the City’s 6th Cycle Housing Element.

53 City of Calimesa
Community Development Planning Build. & Safety Code
Fiscal Year 2023-24
Actuals
Fiscal
Year
2020-21
Actuals
Fiscal
Year
2021-22
Amended
Budget
Fiscal
Year
2022-23
Projected
Actuals
Fiscal
Year
2022-23
Proposed
Fiscal
Year
2023-24
Fund 01 - General Fund
Dept 3000

PERSONNEL COSTS
6010 Salaries $ 134,732 $ 154,584 $ 180,551 $ 180,551 $ 270,392 6011 Allocated to Projects (33,728) (74,170) (40,000) (55,000) (50,000) 6400 Benefits 43,374 45,756 53,940 53,940 79,174
144,378 126,170 194,491 179,491 299,565

OPERATIONS & MAINTENANCE
7210 Professional Services
Contract Code Enforcement 64,790 60,282 60,000 60,000 60,000 Planning Consultant 5,250 827 98,000 60,000 -
Consultants - CEQA 3,767 33,851 49,000 49,000 50,000
Fire Prevention 82,840 58,698 40,000 148,000 65,250
Housing Element Update - 110,044 78,145 78,145 -
7225 Building & Safety 527,014 314,419 602,500 494,500 396,475 7230 Other Contract Services 2,783 199 5,100 5,100 2,500 7420 Communications 490 574 650 650 650
7585 Travel/Training & Conferences 250 338 7,000 7,000 7,000 7735 Supplies - Special - 592 1,900 2,500 1,900
7650 Dues and Memberships 390 - 1,150 1,150 1,150
687,574 579,824 943,445 906,045 584,925
Total Community Development $ 831,952 $ 705,994 $ 1,137,936 $ 1,085,536 $ 884,490 Staff Allocations:

Planning Director 1.00
Associate Planner 1.00
Planning Technician 1.00
Exec Asst/Deputy City Clerk 0.05
Total FTE 3.05

54 Fund 01 - General Fund
Dept 3000
7210 Professional Services
CEQA Consultant $ 50,000
Fire Prevention 65,250
Planning Consultant -
Code Enforcement - 20 hrs/wk 60,000
Housing Element Update -
175,250
7225 Building official
Building & Safety Staffing
(includes Counter Tech 16 hrs/wk @ $55 x 51) 396,475
7230 Other Contract Services
Drop Box Professional (for large documents via email) 200 Adobe Pro 2 @$400 800
Blue Beam (electronic Plan Review) 1,500
2,500
7420 Communications Cell Phone for Planning Director 650 7585 Travel/Training & Conferences
7,000
7735 Special Supplies - Legislative Update Publications 400 Office Furniture Associate Planner 1,500
1,900
7650 Dues and Memberships
Association of Environmental Professionals 250
American Planning Association 900
1,150
Totals $ 584,925
City of Calimesa
Fiscal Year 2023-24
Community Development Planning Building and Safety
AEP workshops, legislative updates, APA annual conference, Planning Commission training

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56 Engineering
Program Overview
Program Description and Purpose
The Engineering Division is responsible for planning, design and contract administration of Street, Traffic, and Drainage projects. This Division works closely with the City’s Public Works Director and is an integral part of the City’s Development Team. The Engineering Division coordinates and reviews private development projects and related construction in the public rights-of-way and ensures compliance with City Codes, policies, and standards of work.

FY 2023-2024 Goals and Objectives
• Continue to promote the Capital Improvement Program (CIP) projects and prepare plans and specifications.
• Collaborate with other agencies in the Calimesa area including but not limited to the Cities of Yucaipa and Beaumont, Yucaipa Valley Water District, Riverside County Flood Control and Water Conservation District, South Mesa Water Company, and the County of Riverside. • Seek grants opportunities for City projects.
• Provide customer service as needed.
• Continue to provide assistance to other departments and the public at large. • Update and recommend for adoption a 5-year Capital Improvement Plan. • Review private land development (tracts, houses, commercial properties, etc.) projects by performing plan checks, reviewing drainage, traffic, soils studies, coordination with other departments as necessary, and ensuring inspection is per the approved plans.

FY 2022-2023 Accomplishments
• Continued to coordinate the Calimesa Creek project with Riverside County Flood Control. • Continued the process with Riverside County for the approval with Caltrans for the Cherry Valley interchange. Completed the Project Study Report and launched the Project Approval and Environmental Documents phase.
• Continued to work with developers pertaining to residential and commercial developments. • Continued to work with the City of Yucaipa regarding the County Line Road Corridor Improvement Project.
• Worked with the City’s federal lobbyist to submit infrastructure projects for possible federal funding through a variety of programs including the recently reinstated federal earmarks process.

57 City of Calimesa
Engineering
Fiscal Year 2023-24
Actuals
Fiscal
Year
2020-21
Actuals
Fiscal
Year
2021-22
Amended
Budget
Fiscal
Year
2022-23
Projected
Actuals
Fiscal
Year
2022-23
Proposed
Fiscal
Year
2023-24
Fund 01 - General Fund
Dept 3300

PERSONNEL COSTS
6010 Salaries $ - $ - $ - $ - $ -
6400 Benefits - - - - -

OPERATIONS & MAINTENANCE
7220 Prof Svcs - Engineering 66,829 57,015 115,000 90,000 90,000 66,829 57,015 115,000 90,000 90,000
Total Engineering 66,829 57,015 115,000 90,000 90,000
7100 Less: Cost Allocation 14,180 15,165 7,719 7,719 4,036 Net Engineering $ 52,649 $ 41,850 $ 107,281 $ 82,281 $ 85,964

58 Fund 01 - General Fund
Dept 3300
7220 Engineering - Professional Services $ 90,000
Consultant - General Services
Total $ 90,000
City of Calimesa
Engineering
Fiscal Year 2023-24

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60 Citizens on Patrol
Program Overview
Program Description and Purpose
The Calimesa Citizens on Patrol program was established to bring the citizens and the police department together for a common goal to improve the quality of life by reducing crime. The Citizens on Patrol program is designed to provide a means for citizens to organize volunteer patrol groups for the purpose of reducing crime in our community through their high visibility patrols. These volunteers are the additional eyes and ears to assist the police department and community efforts to ensure the City of Calimesa is a safe place to live and work.

FY 2023-2024 Goals and Objectives
• Manage membership of the program with focus on seeking additional volunteers. • Create a strategic plan for the Citizens on Patrol program including analysis of program results. • Provide an effective method of discouraging neighborhood crimes through high visibility patrol. • Promote a friendly and safe neighborhood environment while respecting the privacy and rights of the community.
• Encourage awareness and provide improved communication among neighbors. • Upgrade the quality of life and property values in Calimesa. • Continue to enhance safety measures for schools and businesses located in the city of Calimesa.
• Continue efforts to enhance relationships with members of the community through Neighborhood Watch Programs and other outreach events.

FY 2022-2023 Accomplishments
• Assisted and coordinated parking and traffic control for the City of Calimesa Christmas Parade.

61 City of Calimesa
Citizens on Patrol
Fiscal Year 2023-24
Actuals
Fiscal
Year
2020-21
Actuals
Fiscal
Year
2021-22
Amended
Budget
Fiscal
Year
2022-23
Projected
Actuals
Fiscal
Year
2022-23
Proposed
Fiscal
Year
2023-24
Fund 01 - General Fund
Dept 4000

PERSONNEL COSTS
6010 Salaries $ - $ - $ - $ - $ -
6400 Benefits - - - - -
- - - - -

OPERATIONS & MAINTENANCE
7210 Professional Services - - 500 500 500
7243 Radio - - 500 500 500
7420 Communications 112 50 450 450 450
7432 Repairs & Maint. - Vehicles 117 304 1,000 1,000 1,000 7725 Minor Equipment - - 600 600 600
7735 Special Supplies - - 800 800 800
7740 Fuel & Oil 234 675 1,000 1,000 1,000
463 1,029 4,850 4,850 4,850
Total Citizens on Patrol $ 463 $ 1,029 $ 4,850 $ 4,850 $ 4,850

62 Fund 01 - General Fund
Dept 4000
7210 Professional Services
Prescreen volunteers - 5 @ $100 $ 500
7243 Radio
Replacement - Radios & Batteries 500
7420 Communication
Phone 300
Cell Phone 150
450
7432 Repair & Maintenance - Vehicle
Repairs & routine maintenance 1,000
7725 Minor Equipment
First Aid Equipment 100
Reflective Vest 500
600
7735 Special Supplies
Uniforms 500
Christmas Lunch 300
800
7740 Fuel & Oil 1,000
Totals $ 4,850
City of Calimesa
Fiscal Year 2023-24
Citizens on Patrol