Calimesa City Council
July 17, 2023

Regular Meeting of the Calimesa City Council & Successor Agency to the Calimesa Redevelopment Agency Monday, July 17, 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 CAPTAIN PETERSON.

PLEDGE OF ALLEGIANCE
PRESENTATIONS – Southern California Edison Wildfire Mitigation Plan Update – Aileen Flores, Government Relations Manager

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.. 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.

Regular Meeting of the Calimesa City Council & Successor Agency to the Calimesa Redevelopment Agency
Meeting Agenda
Monday, July 17, 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, July 17, 2023

APPROVAL OF THE AGENDA, CONSENT CALENDAR 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; such as removal of an agenda item, rearrangement of the agenda, postponement of an agenda item or continuance of an item to a future meeting. This is also the time for the City Council to remove items from the Consent Calendar for individual consideration. 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 and consent calendar Motion________________________ Second_______________________ Vote___________________________ CONSENT CALENDAR (Items 1 – 13)
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.

1. APPROVAL OF CITY COUNCIL ACTION MINUTES.
a) City Council action minutes of a regular meeting of June 19, 2023.

2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
a) Planning Commission action minutes of a regular meeting of May 8, 2023.

3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $2,754,364.35(Check Nos. 40497 to 40632) b) June 22, 2023 Payroll of $99,166.96
July 1, 2023 Council Payroll of $1,683.75
July 6, 2023 Payroll of $88,586.34

4. COUNCIL TRAVEL EXPENSES.

RECOMMENDATION: That the City Council move to approve the Council Travel Training and Meeting/Mileage Expenses Report through June 30, 2023.

5. TREASURER’S REPORT FOR THE MONTH ENDED MAY 31, 2023.

RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended May 31, 2023

6. CONTRACT AWARD FOR CITYWIDE STREET SWEEPING SERVICES.

RECOMMENDATION: That the City Council award a contract to CMAX Commercial Maintenance, Inc. to provide Citywide Street Sweeping services in the annual amount of $42,142.80.

7. PURCHASE OF A FIRE DEPARTMENT COMMAND VEHICLE AND AUTHORIZATION FOR

THE CITY MANAGER TO ISSUE A PURCHASE ORDER AND WAIVER OF FORMAL BIDDING FOR THE SPECIFIED REQUIRED VEHICLE.

RECOMMENDATION: That the City Council grant the City Manager authority to issue a purchase order for the acquisition of the following specified vehicle; a Pick-up Truck or SUV, up to a ¾ Ton, 4x4, Crew Cab,6’ cargo bed, interior Front Seat, 20/40/20 bench seating, bench rear seating, camper shell (non-SUV), stock red or white paint. To be used and equipped for use as a, Fire Command Vehicle and Adopt Resolution 2023-43 allowing staff to order from available dealer stock and or special order, waiving the formal biding requirements as provided by the City’s Municipal Code in connection with the purchase of this vehicle.

Regular Meeting of the Calimesa City Council & Successor Agency to the Calimesa Redevelopment Agency Monday, July 17, 2023

8. PURCHASE OF PUBLIC WORKS VEHICLE FOR THE CITY MANAGER AND AUTHORIZATION TO SURPLUS EXISTING 2001 FORD EXPLORER CITIZEN’S PATROL VEHICLE.

RECOMMENDATION: That the City Council:

1. Approve the purchase of a Public Works service vehicle necessary for the replacement of the City Manager vehicle; and

2. Approving the surplus of the existing 2001 beige Ford Explorer Citizens Patrol vehicle.

9. PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1 ANNUAL LEVY OF SPECIAL TAXES.

RECOMMENDATION: That the City Council adopt Resolution No. 2023-35, A Resolution Of The City Council Of The City Of Calimesa Acting As The Legislative Body Of Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic And Park Maintenance Services) Authorizing The Annual Levy Of Special Taxes For Fiscal Year 2023/2024.

10. COMMUNITY FACILITIES DISTRICT NO. 2012-1(SINGLETON HEIGHTS) ANNUAL LEVY OF SPECIAL TAXES.

RECOMMENDATION: That the City Council Adopt Resolution No. 2023-36 A Resolution Of The City Council Of The City Of Calimesa Acting As The Legislative Body Of The Community Facilities District No. 2012-1 (Singleton Heights), Authorizing The Annual Levy Of Special Taxes For Fiscal Year 2023/2024.

11. COMMUNITY FACILITIES DISTRICT NO. 2013-1(JP RANCH) ANNUAL LEVY OF SPECIAL TAXES.

RECOMMENDATION: That the City Council Adopt Resolution No. 2023-37, A Resolution of Community Facilities District No. 2013-1 (JP Ranch) Authorizing the Annual Levy of Special Taxes for Fiscal Year 2023/2024.

12. COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SUMMERWIND TRAILS) ANNUAL LEVY OF SPECIAL TAXES.

RECOMMENDATION: That the City Council Adopt Resolution No. 2023-38 A Resolution of Community Facilities District No. 2018-1 (Summerwind Trails) Authorizing the Annual Levy of Special Taxes for Fiscal Year 2023/2024.

13. NOTICE OF THREE-YEAR URBAN QUALIFICATION FOR CDBG, HOME AND ESG PROGRAMS.

RECOMMENDATION: That the City Council approve Resolution No. 2023-39, a Resolution of the City Council of the City of Calimesa Authorizing Participation in the County of Riverside’s Urban County Program for Fiscal Years 2024-2025, 2025-2026, and 2026-2027.

CHAMBER OF COMMERCE REPORTS

SHERIFF CAPTAIN COMMENTS & REPORTS

FIRE CHIEF COMMENTS & REPORTS

Regular Meeting of the Calimesa City Council & Successor Agency to the Calimesa Redevelopment Agency Monday, July 17, 2023

PUBLIC HEARINGS
The order of business for the Public Hearing shall be:

Open Public Hearing
Staff Presentation
Applicant/Representative Presentation
Public Testimony
Applicant Rebuttal (if necessary)
Public Testimony Closed
. Close Public Hearing
Council Discussion
Council Motion and Vote
Speakers are encouraged to be brief and remain within the established time limit of three (3) minutes per speaker. Once the public hearing has been closed, no further testimony will be taken.

14. PUBLIC HEARING: SPECIAL ASSESSMENTS OF DELINQUENT REFUSE FEES.

RECOMMENDATION: That the City Council:

1. Open the Public Hearing and take public testimony of the proposed special assessments of delinquent refuse fees; and

2. Adopt Resolution 2023-40, A Resolution of the City Council of the City of Calimesa, California, confirming the report of charges to be placed as special assessments for delinquent refuse fees.

15. PUBLIC HEARING: SPECIAL ASSESSMENTS FOR WEED ABATEMENT CHARGES.

RECOMMENDATION: That the City Council open the public hearing, take public testimony and adopt Resolution No. 2023-41, A Resolution of the City Council of the City of Calimesa, California, confirming the report of charges to be placed as special assessments for weed abatement for 2023-2024.

16. PUBLIC HEARING: APPROVAL OF THE FINAL ANNUAL ENGINEERS REPORT FOR THE

CITY OF CALIMESA CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 91-1
RECOMMENDATION: That the City Council open the public hearing, take public testimony and adopt Resolution No. 2023-42, Resolution of the City Council of the City of Calimesa to Approve the Final Engineer’s Report for Landscaping and Lighting Maintenance District No. 91-1 for fiscal Year 2023/2024.

BUSINESS ITEMS

17. INSTALLATION AND ANNUAL SUBSCRIPTION FOR FLOCK CAMERAS.

RECOMMENDATION: That the City Council approve the Order Form and Master Services Agreement with Flock Group, Inc. for the annual subscription and installation of eight Flock cameras throughout the City and authorize the Mayor to execute the Order Form and Agreement:

CONVENE JOINT CITY COUNCIL AND SUCCESSOR AGENCY TO THE CALIMESA

REDEVELOPMENT AGENCY MEETING

Regular Meeting of the Calimesa City Council & Successor Agency to the Calimesa Redevelopment Agency Monday, July 17, 2023

CALL TO ORDER
ROLL CALL: AGENCY CHAIR CERVANTEZ, AGENCY VICE-CHAIR HEWITT, AGENCY MEMBER DAVIS, AGENCY MEMBER MANLY AND AGENCY MEMBER MOLINA.

JOINT CC-CSA CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and non-controversial. The Council/Agency will act upon them at one time without discussion. Any Council/Agency Member or staff member may request removal of an item from the Consent Calendar for discussion.

JM1. THIRD AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT FOR LEGAL SERVICES.

RECOMMENDATION: That the City Council and Agency Board of Directors approve the Third Amendment to the Amended and Restated Agreement for Legal Services with Richards, Watson & Gershon.

ADJOURN THE SUCCESSOR AGENCY TO THE CALIMESA REDEVELOPMENT AGENCY AND

RECONVENE CITY COUNCIL

MAYOR & COUNCIL MEMBER REPORTING OF COUNTY & REGIONAL MEETINGS/CONFERENCES This is the time for 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

ADJOURNMENT
Adjourn to the Regular Meeting of the City Council on August 7, 2023 at 6:00 p.m.

City Council Meeting
Agenda Report
Agenda Item No. 1
SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES
MEETING DATE: July 17, 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 June 19, 2023.

ATTACHMENTS:

Attachment A: City Council action minutes of June 19, 2023 regular meeting.

City Council Meeting
Agenda Report
Agenda Item No. 2
SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES
MEETING DATE: July 17, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the Planning Commission regular meeting of May 8, 2023.

ATTACHMENTS:

Attachment A: Planning Commission action minutes of regular meeting of May 8, 2023.

City Council Meeting
Agenda Report
Agenda Item No. 3
SUBJECT: APPROVAL OF WARRANT REGISTER
MEETING DATE: July 17, 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 $2,754,364.35 (Check Nos. 40497-40632) b) June 22, 2023 Payroll of $99,166.96
July 1, 2023 Council Payroll of $1,683.75
July 6, 2023 Payroll of $88,586.34

City Council Meeting
Agenda Report
Agenda Item No. 4
SUBJECT: COUNCIL TRAVEL, TRAINING AND MEETING/MILEAGE

EXPENSES
MEETING DATE: July 17, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the Council Travel, Training and Meeting/Mileage Expenses Report through June 30, 2023.

ATTACHMENTS:

Attachment A: Council Travel, Training and Meeting/Mileage Expenses Report through June 30 2023.

FISCAL YEAR 2022-23

COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
ATTACHMENT 4A
MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
15-Dec LOCC New Mayors/Council Academy $ 625.00 August 18th Yucaipa State of the City $ 55.00 1/31-2/2/23Hotel for New Mayors/Council $ 693.68
1/31-2/2/23 LOCC Travel/parking/food costs $ 209.86
3/29-3/31/23LOCC Planning Academy Cancel Fee $ 75.00
$200 transferred from Bdavis 2-2023
to clear negative balance
TOTAL TRAVEL/TRAINING $ 1,603.54 TOTAL MEETING/MILEAGE $ 55.00 REMAINING BALANCE $ 46.46 REMAINING BALANCE $ 545.00
MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
August 18th Yucaipa State of the City $ 55.00
8-Dec Riverside State of County $ 50.00
25-May Chamber Scholarship Award Tea $ 30.00
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ 135.00 REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 465.00

JEFF CERVANTEZ TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585

WENDY HEWITT TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585

FISCAL YEAR 2022-23

COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
ATTACHMENT 4A
MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
22-Feb transfer of funds to Cervantez $ 200.00 31-Mar transfer of funds to Manly $ 500.00 22-Feb transfer of funds to Manly $ 800.00
22-Feb transfer of funds to Molina $ 500.00
31-Mar-23 transfer of funds to Manly $ 400.00
TOTAL TRAVEL/TRAINING $ 1,900.00 TOTAL MEETING/MILEAGE $ 500.00 REMAINING BALANCE $ - REMAINING BALANCE $ 100.00
MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
7-9 Sep LOCC Conference Hotel Residence Inn $ 608.16 August 18th Yucaipa State of the City $ 55.00 9-Sep LOCC Conf. Division Lunch $ 50.00 24-Sep Beaumont State of the City $ 65.00 14-Nov LOCC Riverside County Div. Dinner $ 50.00 16-Mar Banning Chamber Installation $ 82.00 30-Nov Flight to Monterey LOCC Meeting $ 468.20 13-Mar LOCC Riverside Division Meeting $ 50.00 $500 transferred from Bdavis 2-2023
to provide additonal funds for travel
TOTAL TRAVEL/TRAINING $ 1,176.36 TOTAL MEETING/MILEAGE $ 252.00 REMAINING BALANCE $ 773.64 REMAINING BALANCE $ 348.00

LINDA MOLINA TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585

BILL DAVIS TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585

FISCAL YEAR 2022-23

COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
ATTACHMENT 4A
MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
7-9 Sep LOCC Conference Hotel Westin $ 605.42 18-Aug Yucaipa State of the City $ 55.00 15-Dec LOCC Mayor/Council Academy $625.00 7-9 Sep LOCC Conference Parking $ 15.00 1/31/-2/2/23Hotel for LOCC Academy $ 693.68 7-9 Sep LOCC Conference Vehicle Fuel $ 31.21 3/29-3/31/23LOCC Planning Academy Conf. Fee $ 675.00 24-Sep Beaumont State of the City $ 65.00 3/29/3/31/23LOCC Planning Academy Hotel $ 538.08 1/31/-2/2/23 LOCC Academy reimb. Meals/mileage $ 155.38 29-Mar LOCC Planning Conf Meal $ 20.64
$800 transferred from Bdavis 2-2023
$900 transferred from bdavis 3-2023
TOTAL TRAVEL/TRAINING $ 3,137.18 TOTAL MEETING/MILEAGE $ 342.23 REMAINING BALANCE $ 12.82 REMAINING BALANCE $ 257.77

JOHN MANLY - WYNONA DUVALL TRAVEL - MEETING/MILEAGE EXPENSES TRAVEL/TRAINING 01-1100-7585

City Council Meeting
Agenda Report
Agenda Item No. 5
SUBJECT: TREASURER’S REPORT FOR THE MONTH ENDED
MAY 31, 2023
MEETING DATE: July 17, 2023
PREPARED BY: Celeste Reid, Finance Director and Treasurer RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended May 31, 2023.

BACKGROUND: Pursuant to Council Resolution No. 2022-61 approved on November 7, 2022, the monthly Treasurer’s Report is hereby submitted. The report complies with the aforementioned Council resolution, as well as Government Code Section 53646.

DISCUSSION: The investment report provides information in accordance with the Investment Policy approved by Council Resolution No. 2022-61. Information includes the reporting of realized and unrealized gain and loss activity for the respective month of reporting. Generally, unrealized gains and losses are the day-to-day increases or decreases in an assets value. Until an investment is sold for cash, the gains or losses remain unrealized. Realized gains and losses reflect the results of selling of investments and are the difference between the cost basis and the market value as of the transaction date of sale. The City will continually have reportable changes of unrealized gain and loss activity between cost basis and market value as underlying investments are subject to the variability of market conditions. Staff evaluates investment options on an ongoing basis to ensure reasonable access to funds and reserves are set aside to maintain availability of cash position for general operations and capital assets.

Significant transactions during the month include a transfer on May 8, 2023 of $750,000 from the LAIF Investment Fund to General Checking account.

FISCAL IMPACT: Revenue was recognized for interest and dividend earnings of $8,061 for CFD and Successor Agency funds.

ATTACHMENTS:

Attachment A: Treasurer’s Report for the month ended May 31, 2023.

City Council Meeting
Agenda Report
Agenda Item No. 6
SUBJECT: CONTRACT AWARD FOR CITYWIDE STREET SWEEPING

SERVICES
MEETING DATE: July 17, 2023
PREPARED BY: Mari Shakir, Associate Engineer
RECOMMENDATION: That the City Council award a contract to CMAX Commercial Maintenance, Inc. to provide Citywide Street Sweeping services in the annual amount of $42,142.80.

BACKGROUND: The contract extension with CR&R, Inc, the City’s current street sweeping provider ends on July 31, 2023. DIR Public Works Case No. 2005-007, City of Santa Clarita (June 1, 2005/Feb. 7, 2006) determined that street sweeping services do not constitute public works and are not subject to prevailing wage requirements. Using this determination, the City did not require CR&R to pay prevailing wage when the original contract was executed in July of 2021. Recently, CR&R had brought to staff’s attention that there was a new determination, Public Works Case No. 2020-005 that states that these services are subject to prevailing wage. CR&R declared that they would not be paying their workers prevailing wage, so the contract will not be extended for an additional term.

DISCUSSION: On May 19, 2023, the City publicly advertised Bid No. 2023-04 for annual Citywide Street Sweeping Services, including additional services for sweeping the priority commercial areas with storm drain catch basins, twice per month. The City received 3 bids prior to the bid opening time of 2:00 p.m. on June 20, 2023:

CMAX Commercial Maintenance was the low bidder for Citywide Street Sweeping Services. Staff checked their references and are satisfied they can provide the service required.

The term of the agreement is three years and allows the City Manager to authorize up to three one-year extensions.

Company Bid Amount (Annual)
CMAX Commercial Maint. $ 42,142.80
ASAP Construction $ 50,794.80
SCA of CA $ 59,472.24

FISCAL IMPACT: The approved Fiscal Year 2023-24 Gas Tax, CFD 2012-1, and CFD 2018-1 budgets have sufficient balances for use of these services.

ATTACHMENTS:

Attachment A: Agreement for Street Sweeping Services
Attachment B: Bidder’s Listing

CITY OF CALIMESA

CONTRACT DOCUMENTS
FOR

STREET SWEEPING SERVICES
BID NO. 2023-04
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 6A
i

TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS 1
SCOPE OF WORK 1
LIQUIDATED DAMAGES 1
DEPARTMENT OF INDUSTRIAL RELATIONS 1
PREVAILING WAGES 2
PAYROLL RECORDS 2
INSURANCE REQUIREMENTS 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
ARBITRATION 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. LOCATION OF WORK 19
1-3. TRAFFIC REQUIREMENTS 19
1-4. WAGE RATES AND LABOR CODE REQUIREMENTS 19
1-5. INSURANCE REQUIREMENTS 20
SECTION 2 – SPECIAL PROVISIONS 25
2-1. SCOPE OF WORK 25
2-2. REGULAR SWEEPING 26
2-3. EXTENDED SWEEPING 26
2-4. SPECIAL SWEEPING 27
2-5. WORK SCHEDULE 27
2-6. HOLIDAYS AND INCLEMENT WEATHER 27
2-7. ADDITIONAL WORK 27
2-8. QUALITY OF WORK 28
2-9. TERM OF THE AGREEMENT 28
2-10. PERSONNEL 28
2-11. MONTHLY REPORTS 29
2-12. SUPERVISION OF WORK 29
2-13. CONTRACTOR NOT AN AGENT 29
2-14. MINOR MODIFICATION 29
2-15. FAILURE TO PERFORM SATISFACTORILY 29
2-16. SIGNS 30
2-17. COMPLAINTS 30
2-18. TERMINATION OF CONTRACT 30
2-19. PAYMENT WITHHELD 30
2-20. DISPUTED INVOICES 30
APPENDIX “A” – CONTRACT AGREEMENT DOCUMENTS 32
APPENDIX “B” – LIST OF STREETS TO BE SWEPT 48

City of Calimesa
1 CITY OF CALIMESA

NOTICE INVITING SEALED BIDS
FOR

STREET SWEEPING SERVICES
BID NO. 2023-04
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 20th day of June 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
In general terms, the contract work for this project shall consist of items of work to be completed at various locations within the City of Calimesa as follows:

Item No. Description Estimated
Quantity

1. Cleaning and Sweeping Street Gutters and Pavement
(43.4 curb miles monthly)

43.4 C.M.

2. Cleaning and Sweeping Street Gutters and Pavement (9 C.M. – 2 times/month)
9 C.M.

3. Cleaning and Sweeping Street Gutters and Pavement;
Call out 3 hour minimum
30 Hours
The work to be done shall consist of furnishing all the required labor, materials, equipment, parts, implements and supplies necessary for, or appurtenant to, the completion of the project indicated above in accordance with the Specifications prepared for this project.

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

City of Calimesa
2 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
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.

General Instructions
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 STREET SWEEPING SERVICES NO. 2023-04.

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.

City of Calimesa
3 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 18th day of May, 2023.

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

City of Calimesa
4 CITY OF CALIMESA

INSTRUCTIONS TO BIDDERS
FOR

STREET SWEEPING SERVICES
BID NO. 2023-04
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 supplied to give an indication of the general scope of work, but the accuracy of figures is not guaranteed and the Bidder shall make his/her own estimates from the data contained in Appendix A and on site inspections. 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 by 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 rejection of the

City of Calimesa
5 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 STREET SWEEPING SERVICES NO. 2023-04.

Mailed bids should be addressed as follows:

City of Calimesa
Attn. Public Works Department
908 Park Avenue
Calimesa, CA 92320
RE: STREET SWEEPING SERVICES PROJECT NO. 2023-04
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
6 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
7 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
8 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, all costs and expenses actually incurred 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
9 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
The City expects qualified Street Sweeping firms to complete the work required.

Therefore, no subcontractors will be necessary.

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
11 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
13 If the City elects to award, the award will be made to the lowest responsible bidder based upon the BASE BID only.

Time for Completion
If awarded the contract, the undersigned agrees to start work on this project as directed by the City Engineer in accordance with these specifications and agrees to complete the work at the scheduled unit prices through the following 12-month period.

In case all 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 best serve the interest of the City.

The Contractor shall not be assessed with penalties 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, 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 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
19 SPECIFICATIONS
SECTION 1 – GENERAL PROVISIONS
FOR

STREET SWEEPING SERVICES
BID NO. 2023-04
1-1. Scope of Work
The work to be done shall include furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents to construct the above stated projects.

The work generally consists of street sweeping in accordance with the schedule in Section 2-13 of these specifications.
1-2. Location of Work
The general location and limits of the work to be completed are within the City of Calimesa.
1-3. Traffic Requirements
All streets must remain open to public traffic.
1-4. 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 apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project and

City of Calimesa
20 which administers the apprenticeship program if Contractor employees registered apprentices or journeypersons in any apprenticeable 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
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.
1-5. 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
See Section titled “Contractor’s Liability and Indemnification.” 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
21 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)

City of Calimesa
22 days prior written notice by certified mail, return receipt requested, has been given to the City.

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
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

City of Calimesa
23 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 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
24 CITY OF CALIMESA SPECIFICATIONS
SECTION 2 – SPECIAL PROVISIONS
FOR

STREET SWEEPING SERVICES
BID NO. 2023-04
2-1. Scope of Work
The intent of this set of specifications is to provide a thorough, competent, and qualified Contractor for the sweeping of streets in the City. These specifications shall be interpreted toward that purpose. The work to be done shall include the furnishing of all labor, material, equipment, tools, and any other incidental expense necessary to perform the following services.

A. Except as hereinafter provided, the Contractor shall have the duty to sweep the streets and remove all sweeping debris in accordance with these specifications so long as this contract remains in effect. Current NPDES and AQMD Best Management Practices shall be utilized.

B. Streets, including curbs and gutters/berms, shall be left clean and free of refuse and residue. Sweepers shall make as many passes as necessary to provide a clean condition. Such extra passes may include, but not be limited to, cleaning of dirt, sand, and debris from the medians, centerlines and pavement markings.

C. The Contractor agrees to sweep the streets and dispose of all sweeping debris and refuse accumulating in the City without any further compensation from other individuals living within or producing such refuse within said City except as herein provided.

D. All debris and refuse material swept by the Contractor shall be and become his property from and after the time of street sweeping.

E. Complete intersections shall be swept even when only one street of the intersection is on the schedule for sweeping.

F. Scheduled sweeping shall include Regular Sweeping (monthly), Extended Sweeping (semi-annually), and Special or “On Call” Sweeping as described in Section 2-2.

G. Contractor shall be responsible for hauling all debris and refuse swept from the street to an approved disposal facility. Refuse shall not be stored on the street. If the Contractor makes alternative arrangements for storing the debris prior to removal to the landfill, the City shall be notified, in writing. If refuse is stored on private property, the Contractor shall submit a permission letter from the property owner.

H. Contractor shall prepare a report listing the quantity of debris and refuse removal from the City for each sweeping. This report shall accompany each invoice for payment.

I. The Contractor shall be responsible to arrange for the supply of water required for sweeping operations at no additional cost to the City. Contacts for these companies are as follows:

City of Calimesa
25 Organization Contact Name Telephone
Number
South Mesa Water Company
Yucaipa Valley Water District
Dave Armstrong
Joseph Zoba
909/795-2401
909/372-0041
J. Equipment shall be modern, clean, and maintained. A list of equipment, date of manufacture, make and model shall be provided to the Public Works Director. All equipment shall be approved by the Public Works Director.

K. If primary equipment is faulty, designated “spares or backup” equipment must be available with minimum or no delay to the operation.

L. The Contractor is cautioned that at various times and locations the City will temporarily install portable traffic counters which utilize a hose placed in the roadway. If the counter is in an area scheduled to be swept, care should be taken to avoid the counter hose. If the Contractor’s equipment causes damage to such a counter, or its appurtenance, he shall bear the entire cost of restoration, repair, testing, or replacement of the traffic counter. 2-2. Regular Sweeping
Areas for Regular Sweeping contain both Business locations as well as residential locations. The streets fronting commercial locations will be swept twice each month. The streets in this category are:

Business Districts – Critical Storm Drain locations
Calimesa
Boulevard:

Sandalwood Drive to County Line Road 1.6 Curb Miles
5 th Street: Calimesa Boulevard to County Line
Road

1.5 Curb Miles
Avenue L: I-10 freeway to 5th Street 0.4 Curb Miles
County Line Road:

County Line Road:

County Line Lane to Calimesa Blvd
Calimesa Boulevard (Eastbound portion
of roadway only within City of Calimesa)

0.7 0.2
Curb Miles
Curb Miles
Myrtlewood Drive:

Sandalwood Drive/
7 th Street:

Cherry Valley
Boulevard:

Desert Lawn Drive:

Calimesa Boulevard to 5th Street
500’ north of Sandalwood Drive to
Calimesa Boulevard
Calimesa Boulevard to Desert Lawn
Drive
Cherry Valley Boulevard to 1 mile east

0.4 0.6

1.6 2.0
Curb Miles
Curb Miles
Curb Miles
Curb Miles
Total: 9 Curb
Miles
The mileage shown herein is an estimate. The Contractor shall make his own determination as to the actual curb mileage to be swept prior to bidding this project.

The mileage shown shall be the basis of payment to the Contractor and no additional compensation will be allowed.
2-3. Extended Sweeping

City of Calimesa
26 The intent of the Extended Sweeping category is to sweep the remainder of the paved streets not included in the Regular Sweeping category one time per month. It is estimated that each of these monthly sweepings in this category will encompass 21 curb miles for a total of 252 curb miles per year.

The Contractor shall make his own determination as to the actual curb mileage to be swept prior to bidding this project. The mileage shown shall be the basis of payment to the Contractor and no additional compensation will be allowed.

The Contractor will be required to coordinate with the Public Works Director or his designated representative to develop a plan to include all the streets of this category, such that sweeping can be accomplished on days other than the days trash and recyclables are collected by the contracted hauler. The plan should avoid sweeping in areas of predictable heavy traffic such as schools and other public gatherings. It is anticipated that all sweeping in this category will be accomplished in a four-week period or less. 2-4. Special Sweeping
This category of sweeping includes various circumstances where special sweeping is required. It will be coordinated in advance with the Public Works Director or his designated representative and shall take place during normal workday business hours. Because the work may be based on special circumstances that may encounter heavier amounts of debris than normal sweeping, the compensation for this category will be by the hour rather than the curb mile. The minimum call out time will be three hours. It is estimated that a total of thirty hours of sweeping in this category will be required in a one-year period. Up to thirty hours of special sweeping will be dedicated to removing heavy buildup of clay, sand, or other earthen materials prior to the scheduled “extended” sweeping.
2-5. Work Schedule
A. Time Schedule
(1) Normal Work Schedule: Contractor shall accomplish all sweeping between the hours of 7:00 AM and 5:00 PM during the normal work week, Monday through Friday. Emergency sweeping is an exception. (2) Sweeping in the business area along Calimesa Boulevard between County Line Road and 5th Street, shall be accomplished before 9:00 AM. 2-6. Holidays and Inclement Weather
No scheduled sweeping shall be done on any holiday or observance as specified by the Government Code of the State of California. Sweeping shall not be scheduled on days or periods of inclement weather. Should periods of inclement weather delay a scheduled sweeping, the sweeping may be rescheduled or cancelled based on the decision of the Public Works Director or his designated representative.
2-7. Additional Work

City of Calimesa
27 In the event the City desires to extend the street sweeping program to include new streets constructed after the effective date of this contract, then such additional sweeping which is required of the Contractor shall be paid for at the then current unit prices for compensation specified by the contract and subsequent amendments to it.
2-8. Quality of Work
All work shall be performed in accordance with accepted standards for routine and emergency municipal street cleaning practices. When necessary, for proper cleaning, Contractor shall make more than one pass on a street without extra charge. Such extra passes may include, but not be limited to, cleaning of dirt, sand, and debris from street centerlines and pavement markings. Contractor shall immediately respond when notified by the City to re-sweep unsatisfactory areas at no additional charge. When any given area becomes unsweepable due to parked vehicles, which are only parked there during certain hours, the sweeping time shall be changed dependent upon approval of the Public Works Director or his authorized representative. This shall be done at no additional charge to the City. The Public Works Director shall periodically inspect all street-sweeping operations and approve or reject the work performed and the methods or materials used.
2-9. Term of the Agreement
This agreement shall be for a period of three (3) years, which is anticipated to begin on the 1st day of August 2023 and end on the 31st day of July 2026.

The Contractor will not be due additional compensation if the contract starts sooner or later than the anticipated date. The City shall have the option of extending the term of the agreement for three one-year periods. The City shall have the sole discretion for extending the term of the agreement and the Contractor shall not be entitled to compensation if the City does not extend the term of the agreement. Any such extension by the City shall not be effective without written authorization by the City Manager.

The City of Calimesa reserves the right to increase or reduce the frequency of street sweeping services and/or the number of areas being swept. When an increase or reduction of the service level is desired, the Director of Public Works will advise the Contractor of the changes in writing and their effective date. The Contractor shall then proceed with the work as reduced on the effective date of the notice.
2-10. Personnel
The Contractor shall furnish sufficient supervisory and working personnel capable of promptly accomplishing on schedule, to the satisfaction of the Public Works Director, all work required under this contract during the regular and other prescribed hours.

All such personnel shall be physically able to do the assigned work. The Contractor and his employees shall always conduct themselves in a proper and efficient manner and shall cause the least possible annoyance to the public. They shall be fully clothed in suitable attire. The Public Works

City of Calimesa
28 Director may require the Contractor to remove from the work site any employee deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is contrary to the best interest of the City of Calimesa.

The Contractor shall have competent employees on the job who can discuss with the Public Works Director matters pertaining to this contract.

Adequate and competent supervision shall be provided for all work done by the Contractor’s employees to ensure accomplishment of high-quality work that will be acceptable to the Public Works Director.
2-11. Monthly Reports
The Contractor shall, by the 15th of each month of the contract, submit a report of street sweeping performed and materials used in the prior month.

Said report shall include an itemized breakdown of all work performed. Said report shall be submitted prior to the invoice for monthly payment; however, the report can be made a part of the monthly invoice for payment.

Verification via GPS is required.

The Monthly Report shall indicate the number of curb miles swept, tonnage of sweepings removed and location of the facility to which the sweepings have been delivered. All debris and refuse material swept by the Contractor shall be and become his property from and after the time of street sweeping.

Dump quantities shall be provided with the Monthly Report. Failure to submit reports by the Contractor shall be grounds for the City to not pay invoiced amount.
2-12. Supervision of Work
The Public Works Director shall have general supervision and direction of the work and may be represented on the work by a duly authorized inspector. All claims of the Contractor and questions that may arise as to the quality and acceptability of materials furnished and work performed and as to the manner of performance and the rate of progress of work; all questions as to the interpretation of the Contract, contract drawings and specifications; all questions as to the acceptable fulfillment as to compensation shall be referred to the City for decision. The decision of the Public Works Director shall be final and conclusive.
2-13. Contractor Not an Agent
The right of the City to generally supervise and review the work shall not make the Contractor an agent of the City.
2-14. Minor Modification
The Public Works Director may modify these specifications with the joint approval of the Contractor in writing.
2-15. Failure to Perform Satisfactorily

City of Calimesa
29 It is agreed and understood that in the short run if the Contractor fails to perform the work as specified herein, the City will only pay for service received as determined by the Public Works Director with the appropriate downward adjustment in price or may have such required work done by other forces and charge the cost thereof to the Contractor.

The Public Works Director may make a billing adjustment in the monthly payments for insufficiencies in the services rendered by the Contractor.

Billing adjustments for unsatisfactory service may be a permanent retention of one hundred percent (100%) of the estimated monthly cost for work that is incomplete or deficient as stated herein.
2-16. Signs
The Contractor shall place signs approved by the City on any equipment utilized in the performance of the contract, which signs shall be a minimum of three-inches (3”) high and visible from both sides of the vehicle, and shall read “Under Contract to the City of Calimesa”, “Please Contact ____________________________________________” (company name and telephone number).
2-17. Complaints
All public complaints concerning street cleaning shall be investigated by the Contractor and action will be taken to mitigate the cause of the complaint.

Complaints regarding the street sweeping operations, which the Public Works Director consider justifiable and the responsibility of the Contractor, will be referred to the Contractor for immediate attention. A report of the action taken on each complaint shall be submitted by the Contractor, within one (1) day after receiving the complaint, to the Public Works Director. 2-18. Termination of Contract
If the Contractor fails to meet the specifications of this contract for a period of thirty (30) cumulative days, the City may, at its option, terminate the balance of this contract by written notice of termination to the Contractor. 2-19. Payments Withheld
The City may withhold payment to such extent as may be necessary to protect the City from loss due to the following:

1. Work required in the specifications that is defective, incomplete or not performed.

2. Claims filed or reasonable evidence indicating probable filing of claims.

3. Failure to make payments for labor.

4. Failure to submit monthly debris removed reports (see Section 2-11, “Monthly Reports” of these specifications).
2-20. Disputed Invoices

City of Calimesa
30 In the event of disputes, the disputed invoice will be submitted to the Public Works Director for his or her review and decision. The determination of the Public Works Director shall be final.

City of Calimesa
31 APPENDIX A

CONTRACT AGREEMENT DOCUMENTS

CITY OF CALIMESA

AGREEMENT FOR

STREET SWEEPING 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 CMAX COMMERCIAL MAINTENANCE, a CORPORATION, with its principal place of business at 316 N CORONA AVE, ONTARIO, CA 91764 ("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 Street Sweeping 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 Street Sweeping 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 Street Sweeping 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 August 01, 2023, to July 31, 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 three 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.
32 Page 81 of 327

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, 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: CHRISTOPHER ALANIS.

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 CHRISTOPHER ALANIS, 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.
33 Page 82 of 327

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 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.
34 Page 83 of 327
(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.

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 35 Page 84 of 327
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 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 36 Page 85 of 327
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. 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 for, Extra Work without written authorization from the City.

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 37 Page 86 of 327
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:
[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 38 Page 87 of 327
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.

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, 39 Page 88 of 327
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, 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 40 Page 89 of 327
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.]
41 Page 90 of 327
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
42 Page 91 of 327
City of Calimesa
42 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
43 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
44 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
45 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
46 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 of Calimesa
47 APPENDIX A

LIST OF STREETS TO BE SWEPT
General Fund Streets CFD 2012-1 Streets
CFD 2013-1
Streets
2nd Pl. Halberta Cir. Ash Ct. Aspen Ct
2nd St. Harruby Dr. Canyon Ridge Aster Way
3rd St. Hillcrest Ct. Coyote Ct. Avocet Ct
4th St. Holly Ln. Coyote Ln. Balsam St.
5th St. Holmes St. Fox Ln. Barberry Ln
7th Pl. Lone Star Ct. Hilltop Ct. Bay Leaf
7th St. Loretta Way Knoll Crest Dr. Burdock Ct.

Ave. K Maverick Ct. Mesa Ct. Catalpa Ct
E Ave L Mesa Grande Dr. Mesquite Ct. Chestnut Rd.

W Ave L Midori Ln. Parkview Dr. Coriander St.

Barnes Ct. Mulberry Ln. Sage Ct. Dahlia Ct
Buena Mesa Dr. Mustang Way Sandy Hill Ct. Dittany Ct
Belle Rd. Myrtlewood Dr. Sandy Hill Dr. Egret St.

Brady Ln. Nugget Ct. Singleton Canyon Rd. Engleman Dr.

Bryant St. Oakwood Ct. White Oak Ct. Foxglove Dr.

Canyon View Dr. Palmer Ave. Hazel Ct
California St. Park Ave. Heliotrope Ct.

Calimesa Blvd. Pinewood Ct. Heron Ct.

Cherry Ln. Ponderosa Trl. Iris Rd
Cherry Valley Blvd. Rogers Ct. Joshua Tree Rd
Cling Way Rosewood Dr. Lavender Ct
Condit Ave. Ruby Ln. Little Leaf St
Cottonwood Dr. Sandalwood Dr. Lichen Ct
Country Pl. Singleton Rd. Marigold Ct
E County Line Rd. Slack Pl. Marigold Way
W County Line Rd. Smokeridge Trl. Nightshade Rd
Desert Lawn Dr. Summit View Dr. Olive Ct.

Donna Ln. Sundar Dr. Overcup Ct.

Douglas St. Susan Lee Ct. Poinsetta Cir.

Erwin St. Syllmar Cir. Raven Ct.

Fairway Ln. Tukwet Canyon Pkwy. Roberts Rd.

Fisher Ct. Victoria Ln. Sage Tree Ct
Flordason Dr. Vista Ln. Sparrow Ct
Fremont St. Ward Ln. Violet Ct
Gold Spur Ct. Wedgewood Cir.

Grant St.

Greentree Cir.

# BIDDER BID BOND ADDENDA NON-COLLUSION

AFFIDAVIT

BID SCHEDULE ADDITIONAL INFORMATION
1 ASAP Construction Inc.

P.O. Box 378
Calimesa, CA 92320
yes n/a yes 50,794.80
2 SCA of CA, LLC
1937 W. 169th Street
Gardena, CA 90247
yes n/a yes 59,472.24
3 CMAX Commercial Maint.
316 N. Corona Ave.

Ontario, CA 91764
yes n/a yes 42,142.80 Apparent Low Bidder
4 5
6 7
BIDDERS LISTING – City of Calimesa, 908 Park Ave., Calimesa, CA 92320 PROJECT NUMBER: BID NO. 2023-04
PROJECT NAME: STREET SWEEPING SERVICES
ENGINEERS ESTIMATE: $30,000.00 STAFF PRESENT: Darlene Gerdes & Mari Shakir

Attachment 6B
City Council Meeting
Agenda Report
Agenda Item No. 7
SUBJECT: PURCHASE OF A FIRE DEPARTMENT COMMAND VEHICLE AND

AUTHORIZATION FOR THE CITY MANAGER TO ISSUE A

PURCHASE ORDER AND WAIVER OF FORMAL BIDDING FOR

THE SPECIFIED REQUIRED VEHICLE
MEETING DATE: July 17, 2023
PREPARED BY: Tim O’Connell, Fire Chief
RECOMMENDATION: That the City Council grant the City Manager authority to issue a purchase order for the acquisition of the following specified vehicle; a Pick-up Truck or SUV, up to a ¾ Ton, 4x4, Crew Cab,6’ cargo bed, interior Front Seat, 20/40/20 bench seating, bench rear seating, camper shell (non-SUV), stock red or white paint. To be used and equipped for use as a, Fire Command Vehicle and Adopt Resolution 2023-43 allowing staff to order from available dealer stock and or special order, waiving the formal biding requirements as provided by the City’s Municipal Code in connection with the purchase of this vehicle.

BACKGROUND: The City of Calimesa City Council authorized the addition of a third ‘Battalion Chief” Full Time Equivalency as an authorize position to FY 2023-24 Adopted Budget. As such, the Council also approved the acquisition of an additional “Command Vehicle,” to be used in support of the “Full Service, All -Risk” Fire Department. This acquisition and purchase is necessary to be able to provide reliable incident command and control, supervision, and emergency response during spontaneous and pre-planned emergency response activity.

DISCUSSION: Staff has unsuccessfully attempted to facilitate the acquisition of the described specified vehicle through fleet and government purchase programs due to the high demand and low supply of traditionally available vehicles. This appears to be a result of the availability of the change in year/model and supply chain shortages. Staff is asking that the City Manager be authorized to waive formal bidding and minimum purchase requirements for this acquisition. Staff will report back to the City Council upon selection/acquisition of the specified vehicle with a request for approval of electronic and emergency equipment outfitting.

The Calimesa Municipal Code (CMC) Section 3.15.130 authorizes the City Manager to make purchases up to $10,000 if three written bids are obtained. However, CMC Section 3.15.110, formal contract procedure, provides, among other requirements, that all purchases over $10,000 must be made pursuant to a formal bid process wherein there is a formal published notice soliciting sealed bids. The purchase of the second fire engine falls into this category. Please note that CMC Section 3.15.050 provides that:

“The city council may also, by majority vote of its entire membership, dispense with such bidding and other procedures required by this chapter in any individual instance upon finding that it would be impracticable, useless or uneconomical in such instance to follow such procedures, and that the public welfare would be promoted by dispensing with same.”
Staff is recommending the formal bid process be waived for the “Command Vehicle.” The reasons for waiver of the formal bid process are as follows:

1. Lack of Available Reliable Dealer Stock Via Government/Fleet Ordering

2. Delayed Lead Times for Special Order Vehicle

3. Dealers Inability to “Hold” Vehicles Without a Purchase Order FISCAL IMPACT: The total approved General Fund Allocation for this expenditure was $160,000 as identified in Fund 75, Vehicle Fund of the 2023-24 Adopted Budget. Staff will report back to City Council with the actual vehicle purchase cost and appropriate request for approval of installation of required fire/life safety, emergency warning, and radio electronics equipment.

ATTACHMENTS:

Attachment A: CMC Title 3, Chapter 3.15
Attachment B: Resolution 2023-43

Chapter 3.15

SUPPLIES, SERVICES AND EQUIPMENT PURCHASE PROCEDURE
Sections:

3.15.010 Adoption of purchasing system.

3.15.020 Exemptions from centralized purchasing.

3.15.030 Estimates of requirements.

3.15.040 Requisitions.

3.15.050 Bidding.

3.15.060 Confidentiality of bids.

3.15.070 Award of contracts to local bidders.

3.15.080 Purchase orders.

3.15.090 Purchasing agreements with other agencies.

3.15.100 Encumbrance of funds.

3.15.110 Formal contract procedure.

3.15.120 Public works contract procedure.

3.15.130 Open market purchases.

3.15.140 Contracts for professional services.

3.15.150 Inspection and testing.

3.15.160 Surplus supplies and equipment.

3.15.170 Unlawful purchases.

3.15.010 Adoption of purchasing system.

In order to establish efficient procedures for the purchase of supplies, services and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function, and to assure the quality of purchases, a purchasing system is hereby adopted for the purchase of all city supplies, services and equipment. [Ord. 99-2 § 1; Code 1990 § 2.9.01.]

3.15.020 Exemptions from centralized purchasing.

The city manager may authorize, in writing, any department to purchase or contract for specified supplies, services and equipment, but he/she shall require that such purchases or contracts be made in conformity with the procedures established by this chapter, and shall further require periodic reports from the department on the purchases and contracts made under such written authorization. The city manager may also rescind such authorization with written notice to the department concerned. [Ord. 99-2 § 1; Code 1990 § 2.9.02.]

3.15.030 Estimates of requirements.

All departments shall file detailed estimates of their requirements for supplies, services and equipment in such manner, at such times, and for such future periods as set forth in rules prescribed by the city manager. [Ord. 99-2 § 1; Code 1990 § 2.9.03.]

3.15.040 Requisitions.

All departments shall submit requests for supplies, services and equipment to the city manager by standard requisition forms according to the rules prescribed by the city manager. [Ord. 99-2 § 1; Code 1990 § 2.9.04.]

3.15.050 Bidding.

Purchases of supplies, services and equipment and the sale of personal property shall be by bid procedures, pursuant to CMC 3.15.110, 3.15.120 and 3.15.160. With the exception of purchases covered by Article 4 of the State Public Contracts Code, bidding may be dispensed with when an emergency requires that an order be placed with the nearest available source of supply, when the amount involved is less than $1,000, or when the commodity is a sole source item which can be obtained from only one vendor. Sole source items shall include purchases of items where there are restrictions in specifications due to the need for standardization. The city council may also, by majority vote of its entire membership, dispense with such bidding and other procedures required by this chapter in any individual instance upon finding that it would be impracticable, useless or uneconomical in such instance to follow such procedures, and that the public welfare would be promoted by dispensing with same. [Ord. 99-2 § 1; Code 1990 § 2.9.05.]

3.15.060 Confidentiality of bids.

Any bid received pursuant to the procedures of this chapter shall not be disclosed directly or indirectly to any other bidder until the bidding is closed. [Ord. 99-2 § 1; Code 1990 § 2.9.06.]

3.15.070 Award of contracts to local bidders.

A “local bidder” shall mean a firm or individual who, for at least 12 consecutive months, has regularly maintained a place of business in, or maintained an inventory of merchandise for sale in, and who pays appropriate business permit/license fees to, the city. With respect to those bids relating to the purchase of items subject to state sales tax, the term “lowest responsible bidder” shall be deemed to include a one percent discount for local vendors in the computation of bids in order to reflect the financial advantages that accrue to the city by the award of a bid to a local vendor. The city shall also consider the cost to the city to pick up supplies and equipment at some distance from the city, to obtain parts and supplies, and to transport such items for repair and maintenance in the computations used to award contracts. [Ord. 99-2 § 1; Code 1990 § 2.9.07.]

3.15.080 Purchase orders.

Purchases of supplies, services and equipment shall be made only by purchase order, unless otherwise authorized by formal administrative procedure or in writing by the city manager. [Ord. 99-2 § 1; Code 1990 § 2.9.08.]

3.15.090 Purchasing agreements with other agencies.

3.15.010 Adoption of
purchasing system.

In order to establish efficient
procedures for the purchase of
supplies, services and
equipment at the lowest possible
cost commensurate with quality
needed, to exercise positive
financial control over purchases,
to clearly define authority for the
purchasing function, and to
assure the quality of purchases,
a purchasing system ...

Attachment 7A
The purchasing department may enter into purchasing agreements with other governmental agencies, such as the county of Riverside and the state of California, for the purchase of supplies, services and equipment. In such instances, the procedures of that agency shall satisfy all city requirements for the bid and award of purchase contracts. [Ord. 99-2 § 1; Code 1990 § 2.9.09.]

3.15.100 Encumbrance of funds.

Except in cases of emergency, purchase orders shall not be issued for supplies, services or equipment unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged. [Ord. 99-2 § 1; Code 1990 § 2.9.10.]

3.15.110 Formal contract procedure.

Except as otherwise provided in this chapter, purchases and contracts for supplies, services and equipment of a value greater than $10,000 shall be by written purchase order to the lowest responsible bidder, pursuant to the procedures prescribed herein:

A. Lowest Responsible Bidder. The term “lowest responsible bidder” shall mean that bidder which best responds in price, quality, service, fitness and capacity to the particular requirements of the city. Price alone shall not be the sole determining factor, but shall be considered along with other factors, including, but not limited to, the ability of the bidder to deliver, availability of parts and services on a timely basis, prior experience with the bidder, and other factors relating to the particular needs of the city for the supplies, equipment or services.

B. Notice Inviting Bids. Notices inviting bids shall include a general description of the services or articles to be purchased, shall state where bid forms and specifications may be obtained, and the time and place for opening bids.

1. Published Notice. Notice inviting bids shall be published in a newspaper of general circulation in the city at least 10 days before the date of the opening of the bid.

The city manager may waive the necessity to publish the invitation to bid if a source of supply is not available in the local area.

2. Bidders’ List. Sealed bids shall also be solicited from all responsible prospective suppliers whose names are on a bidders’ list or who have requested to have their names added thereto.

3. Posting. Pending purchases shall also be advertised by a notice posted on a public bulletin board at City Hall at least 10 days prior to bid opening.

C. Bidders’ Security. When considered necessary by the purchasing department, bidders’ security may be prescribed in the public notice inviting bids. Bidders shall be entitled to return of bid security upon competition of the bid process; provided, however, that a successful bidder shall forfeit his bid security upon refusal or failure to execute the purchase agreement within 10 days after the notice of award of contract has been mailed, unless the city is solely responsible for the delay. The city council may, on refusal or failure of the successful bidder to execute the purchase agreement, award a contract to the next lowest responsible bidder. If the city council awards the contract to the next lowest bidder, the amount of the lowest bidder’s security shall be applied by the city to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. If the city rejects all other bids presented and readvertises, the amount of the lowest bidder’s security may be used to offset the cost of receiving new bids, as well as the difference between the new low bid and the former low bid.

D. Bid Opening Procedure. Sealed bids shall be submitted to the city manager and shall be identified as a bid on each envelope. Bids shall be opened in public at the time and place stated in the appropriate public notice and/or invitation to bid. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.

E. Rejection of Bids. Incomplete bids may be rejected by the purchasing department or may be referred to the city council with a request to waive irregularities. The city council shall reserve the right to reject any and all bids in whole or in part, and may waive any irregularities in any bids when the public interest will be served thereby. At its discretion, the city council may readvertise for bids, pursuant to the procedures hereinabove described.

F. Award of Purchase or Contract. Purchases or contracts shall be awarded by a majority vote of the city council to the lowest responsible bidder, except as otherwise provided herein.

G. Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest would not be promoted by readvertising for bids, the city council may accept the low bid it chooses, or may accept the lowest bid made by negotiation with the tie bidders at the time of the bid opening. In the case of a tie, preference shall be given to responsible local bidders.

H. Performance Bonds. The purchasing department shall have the authority to require a performance bond before entering into a contract in such amount as shall be reasonably necessary to protect the best interests of the city. If a performance bond is required, the form and amount of the bond shall be described in the notice inviting bids. [Ord. 99-2 § 1; Code 1990 § 2.9.11.]

3.15.120 Public works contract procedure.

When the expenditure required for a public works project exceeds $5,000, it shall be contracted for and let to the lowest responsible bidder after notice, in accordance with the requirements of Article 4 of the California Public Contracts Code.

A. Public Works Projects. As used in this section, “public works project” shall mean:

1. A project for the erection, improvement, painting or repair of public buildings and works;

2. Work in or about streams, bays, waterfronts, embankments, or other work for protection against overflow;

3. Street or sewer work except maintenance or repair;

4. Furnishing supplies and materials for any such project, including maintenance or repair of streets or sewers.

B. Splitting Work Orders. It shall be unlawful to split or separate into smaller work orders or projects any public works project for the purpose of evading the provisions of this section.

C. Notice Inviting Bids. The notice inviting bids shall set a date for the opening of bids. Notices shall be published at least twice, not less than five days apart, in a newspaper of general circulation, printed and published in the city, or if there is none, it shall be posted in at least three public places in the city that have been designated by ordinance as the places for posting public notices. The notice shall distinctly state the project to be done.

D. Rejection of Bids and Readvertisement. At its discretion, the city council may reject any bids presented and readvertise. If two or more bids are the same, the city council may accept the one it chooses. If no bids are received, the city council may direct the city manager to have the project completed with no further compliance with this section.

E. Performance of Project After Rejection of Bids. After rejecting bids, the city council may pass a resolution by a four-fifths vote of its members declaring that the project can be performed more economically by day labor, or the material or supplies furnished at a lower price in the open market. Upon the adoption of such a resolution, the city council may direct the city manager to have the project completed in the manner stated with no further compliance with this section.

F. Presentation of Bids. All bids shall be presented under sealed cover and accompanied by one of the following forms of bidders’ security:

1. Cash.

2. A cashier’s check made payable to the city.

3. A certified check made payable to the city.

4. A bidder’s bond executed by an admitted surety insurer, made payable to the city.

G. Amount of Bidders’ Security. Security shall be in an amount equal to at least 10 percent of the amount of the bid. A bid shall not be considered unless one of the forms of bidders’ security is enclosed with it.

H. Forfeiture of Security. If the successful bidder fails to execute the contract, the amount of the bidder’s security shall be forfeited to the city. The city council may award the contract to the next lowest responsible bidder, and the amount of the lowest bidder’s security shall be applied by the city to the difference between the low bid and the second lowest bid. The surplus, if any, shall be returned to the lowest bidder if cash or a check is used, or to the surety on the bidder’s bond if a bond is used.

I. Calamities or Emergencies. If there is a great public calamity, such as an extraordinary fire, flood, storm, epidemic, or other disaster, or if it is necessary to do emergency work to prepare for national or local defense, the city council may pass a resolution by four-fifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property. Upon the adoption of such a resolution, the city council may direct the city manager to expend any sum required in the emergency with no further compliance with this section. [Ord. 99-2 § 1; Code 1990 § 2.9.12.]

3.15.130 Open market purchases.

Purchase of supplies and equipment of an estimated value of less than $10,000, not subject to the conditions specified in CMC 3.15.120, may be made by the city manager in accordance with the procedures set forth in this section, without compliance with the formal contract procedure set forth in CMC 3.15.120. The purchasing department shall solicit competitive bids for all such purchases pursuant to the procedures described herein:

A. For the purchase of less than $10,000 and more than $5,000, at least three written bids shall be required, and all such purchases shall be approved by the city manager.

B. For purchases of $5,000 or less, but more than $1,000, bids may be verbal or written, and shall be made at the discretion of the purchasing department. Wherever possible, at least three bids shall be obtained.

C. The city clerk shall keep a record of all open market orders and bids for a period of one year after the submission of bids or placing of orders, to include the name of the companies or individuals contacted and the prices bid. This record shall be open to the public during normal business hours.

D. The competitive bidding procedures set forth in this section may be waived by the city manager in instances of valid emergencies or sole source, or when it is determined that the public interest would not be best served by competitive bidding. All such instances shall be fully recorded. [Ord. 99-2 § 1; Code 1990 § 2.9.13.]

3.15.140 Contracts for professional services.

The award of contracts for professional services shall be exempt from the bidding and award requirements of this chapter, and shall be governed by the provisions of this section.

A. Professional Services. In general, the term “professional services” shall mean professional contractual services performed by a member(s) of the profession. “Profession” shall include, but not be limited to, the following: accountants, appraisers, architects, attorneys, computer consultants, economic and finance consultants, health and insurance consultants, engineers, land surveyors, geologists, inspectors, environmental consultants, marketing and media consultants, planners, construction management, and any other type of profession in which individuals or organizations possess a degree of professional, specialized, technical skill or expertise, not adaptable to competitive bidding, or any other service of a similar nature to the above engaged for a particular project or projects.

B. Process for Obtaining Proposals for Professional Service Contracts.

1. Process for selection of professional service contracts other than those specified in subsection (B)(2) of this section. a. In the case of contracts not to exceed $10,000, the city manager shall attempt to assure that all qualified and interested consultants shall have the opportunity to provide proposals for the provision of city services. The selection of consultants for specific projects shall be based on the criteria and factors set forth in this subsection (B). The city manager may, but shall not be required to, use a formal RFP and/or RFQ process for solicitation of proposals for the professional services.
b. Contracts which are anticipated to exceed $10,000 but which are not anticipated to exceed $50,000 may be awarded by the city council without a formal RFP and/or RFQ process, based on the particular requirements of the service to be provided and the experience and availability of the individual consultant(s). All such contracts for professional services which are anticipated to exceed $10,000 shall be let by the city council based on a written proposal which shall include the scope of services to be provided and the fee schedule for services. c. In the case of contracts which are anticipated to exceed $50,000, the city council shall determine whether to cause an RFP or RFQ to be prepared, which shall be mailed to all qualified consultants whose names are on file with the city, or who request a copy of the RFP or RFQ. Proposals need not be sealed and opened in a formal bidding opening process, and are subject to negotiation of both scope and fee. The city manager shall screen proposals and make a recommendation to the city council for contract award. The city council, if it finds that the public interest will not be best served by a formal proposal process, may waive the solicitation of RFPs and/or RFQs, and may award contracts for professional services based on a single proposal. d. The RFP or RFQ shall include a description of the project for which the services are to be required, the criteria upon which the award shall be made, the due date, statement of qualifications submission and contract requirements. If a formal RFP or RFQ process is not used, all such contracts shall be let based on a written proposal which shall include the scope of the services to be provided, and the fee schedule of the services.

2. Professional service contracts for landscaping, private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management services shall be selected in accordance with the following procedures.

a. For contracts not anticipated to exceed $10,000, the city manager may select an individual or firm through the use of a request for proposal (“RFP”) or request for qualifications (“RFQ”) process, or may award the contract without a formal RFP or RFQ process. The RFP or RFQ shall include a description of the project for which the services are to be required, the criteria upon which the award shall be made, the due date, statement of qualifications submission and contract requirements. If a formal RFP or RFQ process is not used, all such contracts shall be let based on a written proposal which shall include the scope of the services to be provided, and the fee schedule of the services. b. Contracts which are anticipated to exceed $10,000 but which are not anticipated to exceed $50,000 may be awarded by the city council without a formal RFP and/or RFQ process, based on the particular requirements of the service to be provided and the experience and availability of the individual consultant(s). All such contracts for professional services which are anticipated to exceed $10,000 but not to exceed $50,000 shall be let by the city council based on a written proposal which shall include the scope of services to be provided and the fee schedule for services. c. For contracts anticipated to exceed $50,000, the city council shall select an individual or firm following an RFP or RFQ process. The RFP or RFQ shall include a description of the project for which the services are to be required, the criteria upon which the award shall be made, the due date, statement of qualifications submission and contract requirements.
d. Regardless of the size of the contract, the city manager shall issue a written announcement within the Southern California area through the publications of the respective professional societies or organizations. The city manager may also advertise to reach providers of services within the appropriate trade or profession by publishing the announcement in electronic communication media or Internet web sites that have demonstrated regional accessibility and are regularly maintained at established addresses by professional organizations which are representative of the services to be procured, in a construction trade journal, or publicize the requirements for services in other appropriate publications. Failure of any professional society or construction trade journal to publish the announcement shall not invalidate any contract. The announcement shall include information describing the project or services, any applicable RFPs or RFQs, and the due date, time and location for submission of a proposal or statement of qualifications. The announcement may also identify the criteria upon which the award will be made.
e. In those situations where the selecting authority (city manager or city council) uses an RFP or RFQ process, the city manager shall also disseminate the RFP or RFQ to those individuals or firms who have previously requested copies of RFPs or RFQs issued by the city.

C. Criteria for Award of Contracts for Professional Services.

1. In the case of professional service contracts for architectural, landscape architectural, engineering, environmental, land surveying, or construction project management services, the award of a contract shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. The selecting authority (city manager or city council) shall establish criteria which will comprise the basis for the selection of an individual or firm for each project, including such factors as professional excellence, demonstrated competence, specialized experience of the firm, education and experience of key personnel to be assigned, staff capability, workload, ability to meet schedules, nature and quality of completed work, reliability and continuity of the firm and/or subcontractors, location, fees and costs, or other considerations deemed relevant. The factors shall be weighted by the selecting authority according to the nature of the project, the needs of the city, and complexity and special requirements of the specific project. The selection process shall include procedures to facilitate participation by small business firms. As used herein, a “small business firm” is a firm certified in accordance with Government Code Section 14837 or its successor provisions. The city shall participate in outreach programs to provide small businesses with information on city contracting opportunities, and shall make other reasonable efforts to facilitate participation by small businesses in the city’s professional contractual services process.

2. In the case of all other types of professional service contracts, the selecting authority (city manager or city council) may use the criteria set forth in subsection (B) (1) of this section, or may use any other criteria applicable to the particular type of contract or project including the consultant’s experience, approach, availability and knowledge of the subject area.

D. Authorization of the City Manager to Execute Contracts Not to Exceed $10,000.

1. The city manager shall be authorized to solicit proposals and contracts for professional services in the following instances:
a. Funds have been approved in the budget for a specific type of professional services or specific project, and the contract is not anticipated to exceed $10,000; or
b. Funds are generally available in the budget, and the contract does not exceed $10,000.

2. All professional service contracts which are anticipated to exceed $10,000 shall be approved by a majority vote of the city council.

E. Conflicts of Interest and Improper Considerations. In addition to all other requirements of this section, the selection of professional services contracts shall be subject to the following additional requirements:

1. No city employees shall participate in the selection process if those employees have a financial interest or relationship with a person or business entity seeking a contract which would subject those employees to the conflict of interest prohibition of Government Code Section 87100.2.

2. Practices that may result in unlawful activity, including but not limited to rebates, kickbacks, or other unlawful consideration, are strictly prohibited. The city shall endeavor to provide that all professional service contracts entered into pursuant to this section shall include a provision in which the individual or firm selected certifies that the contract was not obtained through rebates, kickbacks, or other unlawful considerations either promised or paid to any city employee or official. In addition to any other applicable legal proscriptions, failure to adhere to any required certification may be cause for contract termination and recovery of damages under the rights and remedies due the city under the default provision of the contract or as otherwise allowed by law.

F. Audits. Professional services contracts are subject to standard accounting practices. The city manager or city council may require pre-award, interim-award and/or postaward financial and performance audits as necessary to ensure contract services are delivered within the agreed schedule and budget, and in accordance with the contractual requirements. [Ord. 289 § 2, 2009; Ord. 99-2 § 1; Code 1990 § 2.9.14.]

3.15.150 Inspection and testing.

The purchasing department shall inspect supplies, materials and equipment delivered, to determine their conformance with the specifications set forth in the purchase order or contract. The purchasing department shall have the authority to require chemical and physical tests, or the report of the testing, of samples submitted with bid and samples of deliveries which are necessary to determine their quality and conformance with specifications. [Ord. 99-2 § 1; Code 1990 § 2.9.15.]

3.15.160 Surplus supplies and equipment.

All departments shall submit to the city manager, at such times and in such form as he/she shall prescribe, reports showing all supplies, materials and equipment which are no longer used or which have become obsolete or worn out.

A. The city manager shall have authority to sell as surplus all supplies, materials and equipment which cannot be used by any department or which have become unsuitable for city use, or to exchange the same for, or trade in the same on, new supplies, materials and equipment.

1. The sale of surplus supplies and equipment shall be made pursuant to rules prescribed by the city manager, and only after authorization from the city council as to any items of an estimated value of $10,000 or more.

2. Surplus supplies and equipment may be sold to the public if so prescribed by the city manager and/or the city council. City officials and employees, and their immediate families, however, shall be ineligible to purchase such surplus items. [Ord. 99-2 § 1; Code 1990 § 2.9.16.]

3.15.170 Unlawful purchases.

If any person or department purchases or contracts for any supplies, materials, equipment, or services contrary to the provisions of this chapter, such purchase order or contract shall be void and of no effect. The head of the department making such a purchase transaction shall be personally liable for the amount of such purchase order or contract, and, if already paid out of city funds, the amount thereof may be recovered in the name of the city in an appropriate action therefor. It is unlawful for any department to split its requirements for supplies, material, equipment or services to willfully evade any requirement of this chapter. [Ord. 99-2 § 1; Code 1990 § 2.9.17.] Mobile Version

RESOLUTION NO. 2023-43

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA, CALIFORNIA, WAIVING FORMAL BIDDING
REQUIREMENTS AS PROVIDED BY THE CITY’S MUNICIPAL

CODE IN CONNECTION WITH THE PURCHASE OF A

SPECIFIED FIRE DEPARTMENT COMMAND VEHICLE
WHEREAS, Effective January 1, 2018, The City of Calimesa California formed the City’s municipal “full service. All risk,” fire department and authorized the acquisition and purchase of required apparatus and equipment necessary to perform fire protection and fire suppression services.

WHEREAS, some of the procured equipment is required to meet certain standards and specifications to be utilized, and outfitted with emergency warning equipment, radios and electronics and fire suppression equipment in order to provide reliable incident command, control and supervision of spontaneous and pre-planned emergency response activity
WHEREAS, the current inventory of traditional fleet and government procurement programs have been unable to yield the like and type specification vehicles due to low dealer stock, dealer availability, and high consumer demand.

WHEREAS, the City’s Fire Department is in need of specialized equipment to support staff in the event of an emergency; and has identified an economical and suitable replacement system.

WHEREAS, due to a variety of factors, as delineated in section 1 below, it was determined that it was more practical, useful or economical to utilize informal bidding procedures rather than noticed public bidding procedures for this purchase and thus seek City Council approval to waive formal bidding requirements and the minimum requirements as would normally be required by the Calimesa Municipal Code; and authorize the City Manager to issue a Purchase Order for this acquisition when the appropriate vehicle has been located. Staff shall report back to City Council with purchase price and vehicle report when seeking authorization of emergency equipment upfitting and electronics purchase.

WHEREAS, City Staff have presented sufficient facts to conclude that it would be impractical, useless, or uneconomical to purchase the Specified Fire Department Command Vehicle; a pick-up truck or SUV, up to ¾ Ton, Gasoline, 4x4, Crew Cab, 6’ Cargo Bed, Interior front seat 20/40/20, bench seating, bench rear seating, Camper shell, foregoing normal bidding procedures, and that public welfare would be promoted by dispensing the same.

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

SECTION 1: The City Council finds that the waiver of requirements for formal bidding for the items of equipment or supplies values at over $10,000.00 is warranted in connection with the purchase of the described and specified Fire Command Vehicle, for the following reasons:

Attachment 7B
• Lack of Available Reliable Dealer Stock Via Government/Fleet Ordering; • Delayed Lead Times for Special Order Vehicle;
• Dealers Inability to “Hold” Vehicles Without a Purchase Order; and authorizes City Staff to proceed with the acquisition of the equipment described. A delay in purchasing may result in a significant inflationary price increase per fiscal quarter.

SECTION 2: This purchase was allocated during the Adopted Fiscal Year 2023-24 Budget, as a Program expense of $160,000 in the Vehicle Replacement Fund, account 75-2048-8300.

PASSED, APPROVED, and ADOPTED this 17th day of July 2023 _____________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
___________________________

DARLENE GERDES, CITY CLERK

City Council Meeting
Agenda Report
Agenda Item No. 8
SUBJECT: PURCHASE OF PUBLIC WORKS VEHICLE FOR THE CITY
MANAGER AND AUTHORIZATION TO SURPLUS EXISTING 2001
FORD EXPLORER CITIZEN’S PATROL VEHICLE.

MEETING DATE: July 17, 2023
PREPARED BY: Will Kolbow, City Manager
Margaret Monson, Public Works Director
RECOMMENDATION: That the City Council:

1. Approve the purchase of a Public Works service vehicle necessary for the replacement of the City Manager vehicle; and

2. Approving the surplus of the existing 2001 beige Ford Explorer Citizens Patrol vehicle.

BACKGROUND: The City’s Citizen’s Patrol vehicle is a 2001 beige Ford Explorer with mileage of 101,828. The researched trade-in value is $1,168. The annual cost of maintaining the vehicle in working order is more than what the vehicle is worth. As such, staff is recommending the vehicle be deemed surplus and sold at auction. To maintain an adequate fleet, staff investigated, located and wishes to obtain a new vehicle through the Ken Grody Ford in Redlands to replace the City Manager’s vehicle. The City Manager has been unable to respond to necessary emergencies on several occasions in the 2017 Ford Fusion Hybrid without 4x4 equipment, as much of our City is remote. The new vehicle is a 2023 Ford Explorer XLT 4x4 at a quoted cost of $49,220.00 and a request for an additional 15% contingency for tax, license and potential price increase differential would increase the price to an estimated $56,603.00.

DISCUSSION: Staff is further recommending the City Manager’s vehicle, a 2017 Ford Fusion hybrid with 27,258 miles and in good condition and be moved to City fleet for daily use. The current City Fleet vehicle, 2009 silver Ford Escape with 75,516 miles will be moved for use by Citizens Patrol. While this vehicle is older, the Escape is higher off the ground and can withstand the use and is expected to last longer than the Ford Fusion hybrid with Citizen’s Patrol.

The City’s Public Works Supervisor, Eric Williamson sought quotes for a 2023 Ford Explorer XLT 4x4. The recommendations reflect consideration of price, availability, timing and fit. Purchase quotes have been included as attachments.

Staff also recommends that the City Council further find that once the City Manager’s vehicle is placed in service, the existing Citizen’s Patrol vehicle be sold at auction as surplus property and existing vehicles be reassigned to better suit their intended use.

FISCAL IMPACT: The purchase of the City Manager’s vehicle is included in the FY 2023/2024 Budget for $65,000 in the Vehicle Replacement Fund. With a total estimated cost of $56,603.00, sufficient funding is available for the purchase.

ATTACHMENTS:

Attachment A: Quote 1 for Explorer XLT requested for approval to purchase Attachment B: Quote 2 – Explorer ST (2 quotes)
Attachment C: Quote 3 – Explorer Timberline
Attachment D: 2001 Ford Explorer XLT Trade in Value

City Council Meeting
Agenda Report
Agenda Item No. 9
SUBJECT: PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1 ANNUAL

LEVY OF SPECIAL TAXES
MEETING DATE: July 17, 2023
PRESENTED BY: Celeste Reid, Finance Director
PREPARED BY: Celeste Reid, Finance Director
Lyn Gruber, Special Tax Consultant
RECOMMENDATION: That the City Council adopt Resolution No. 2023-35, A Resolution Of The City Council Of The City Of Calimesa Acting As The Legislative Body Of Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic And Park Maintenance Services) Authorizing The Annual Levy Of Special Taxes For Fiscal Year 2023/2024.

SUMMARY: On September 5, 2006 the City Council formed Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) (“CFD”) for the purpose of providing a secure revenue source for additional law enforcement, fire, paramedic, and park maintenance services within areas of new development. On March 19, 2007 the JP Ranch Development was annexed into the CFD.

Fiscal year (“FY”) 2008/2009 was the first year the CFD was levied. To date 1,208 units of Developed Property are taxable for FY 2023/2024. The Rate and Method of Apportionment provides for the levy of special taxes on Developed Property as defined in the Rate and Method of Apportionment (“RMA”), which are parcels for which building permits were issued as of May 1, 2023, to fund the authorized services and to pay for administration of the CFD. The increased number of permits is a result of development in Singleton Heights, JP Ranch and Summerwind Trails.

FISCAL IMPACT: If the Council approves the CFD special tax levy for FY 2023/2024 it will provide approximately $871,524 to fund the authorized services and pay for administrative costs associated with the CFD, if there are no delinquencies. The FY 2023/2024 levy amount is based on levying Developed Property at the applicable FY 2023/2024 Special Taxes rates listed in Exhibit “A” of the Resolution. This amount may escalate by the greater of two percent (2.0%) or the increase in the Consumer Price Index (July to July) per year. Since the change in CPI was 7.74%, the proposed rates have been increased by 7.74%.

ATTACHMENTS:

Attachment A: Resolution No. 2023-35

Fund No. 68-2174
RESOLUTION NO. 2023-35

RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CALIMESA ACTING AS THE LEGISLATIVE BODY

OF PUBLIC SERVICES COMMUNITY FACILITIES
DISTRICT NO. 1 (LAW ENFORCEMENT, FIRE,

PARAMEDIC AND PARK MAINTENANCE SERVICES)

AUTHORIZING THE ANNUAL LEVY OF SPECIAL
TAXES FOR FISCAL YEAR 2023/2024
WHEREAS, the City Council (“Council”) of the City of Calimesa, (“City”), has previously undertook proceedings under and pursuant to the terms and provisions of the “MelloRoos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, to form Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) (the “District”), to authorize the levy of special taxes upon land within the District to finance certain facilities.

WHEREAS, this Council, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this Council is desirous to establish the specific rate of the special tax for the District to be collected for the next fiscal year.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That in accordance with the Act and Ordinance, there is hereby levied upon all parcels within the District which are not otherwise exempt from taxation under the Act or the Ordinance the special taxes for fiscal year 2023/2024 at the rates set forth in the attached referenced and incorporated Exhibit “A”. Koppel & Gruber Public Finance is hereby directed to prepare and file with the City Clerk a list of the exact amount of the special tax for each lot or parcel of land in accordance with this Resolution (the “2023/2024 Roll”).

SECTION 3. That the rate determined and as set forth above does not exceed the amount as previously authorized by Ordinance of this Council, and is not in excess of that as previously approved by the qualified electors of the District, and is exempt from Proposition 218, Section XIIID of the California State Constitution.

Attachment 9A
Fund No. 68-2174
SECTION 4. That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of the following:
(1) police protection services;
(2) fire protection/paramedic services;
(3) park maintenance services; and
(4) the incidental expenses related to financing, forming and administering the District.

The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose.

SECTION 5. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax.

SECTION 6. All monies above collected shall be paid into the District funds, including any reserve fund.

SECTION 7. The City Clerk is hereby authorized to transmit a certified copy of this Resolution to the County of Riverside (“County”) Office of the Auditor-Controller (“County Auditor”). The County Auditor is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land effected the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit “A”.

SECTION 8. This Resolution relating to the levy of the special tax shall take effect immediately upon its final passage in accordance with the provisions of Government Code Section 53340, as amended.
* * * * * *

Fund No. 68-2174
PASSED, APPROVED, AND ADOPTED THIS 17th DAY OF JULY, 2023 ____________________________________,

WILLIAM DAVIS, MAYOR
ATTEST:

DARLENE GERDES, CITY CLERK

Fund No. 68-2174
EXHIBIT "A"
PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1
(LAW ENFORCEMENT, FIRE, PARAMEDIC AND PARK MAINTENANCE SERVICES) FISCAL YEAR 2023/2024

SPECIAL TAX RATES
Tax Classification FY 2023/2024
Single-Family Unit $721.47 per Unit
Multi-Family Unit $541.12 per Unit
Non-Residential Parcel $3,607.42 per Acre

City Council Meeting
Agenda Report
Agenda Item No. 10
SUBJECT: COMMUNITY FACILITIES DISTRICT NO. 2012-1(SINGLETON HEIGHTS)

ANNUAL LEVY OF SPECIAL TAXES
MEETING DATE: July 17, 2023
PREPARED BY: Celeste Reid, Finance Director
Lyn Gruber, Special Tax Consultant
RECOMMENDATION: That the City Council Adopt Resolution No. 2023-36 A Resolution Of The City Council Of The City Of Calimesa Acting As The Legislative Body Of The Community Facilities District No. 2012-1 (Singleton Heights), Authorizing The Annual Levy Of Special Taxes For Fiscal Year 2023/2024.

SUMMARY: On April 16, 2012 the City Council formed Community Facilities District No. 2012-1 (Singleton Heights) (“CFD”) for the purpose of providing a secure revenue source for certain authorized facilities and services.

Approval of the CFD special tax levy for fiscal year 2023/2024 will provide the amounts required to pay annual debt service on outstanding Special Tax Bonds, fund facilities and services, and administrative expenses of the CFD. In order to meet the financial requirements of the CFD in fiscal year 2023/2024, special taxes are proposed to be levied on Developed Property as defined in the Rate and Method of Apportionment (“RMA”). Developed Property are parcels for which a building permit was issued as of April 1, 2023 and represent 121 Residential Units in Improvement Area (“IA”) No.1 and 147 Residential Units in IA No. 2. In order to meet the needs of the CFD, it is proposed that Special Tax A (Facilities) be levied at approximately 96% of the maximum rate in IA No. 1 for Developed Property and in IA No. 2 89% of the maximum rate on Developed Property. Special Tax B (Services) be levied at approximately 97% of the maximum rate for Developed Property in both IA 1 and IA 2.

FISCAL IMPACT: If the Council approves the CFD special tax levy for FY 2023/2024 it will provide approximately $412,836 to fund the repayment of debt service and pay for administrative costs associated with in IA No. 1 and IA No. 2 of the CFD and $252,826 to fund the authorized services within IA No. 1 and IA No. 2 of the CFD, assuming there are no delinquencies. The FY 2023/2024 levy amount is based on levying at the applicable FY 2023/2024 Special Taxes rates listed in Exhibit “A” of the Resolution. The Maximum Special Tax A Rates for facilities may escalate at two percent (2.0%) per year and the Maximum Special Tax B Rates for services may escalate by the greater of two percent (2.0%) or the increase in the Consumer Price Index per fiscal year (from April to April).

Since the change in CPI was 3.01%, the proposed Maximum Special Tax Rates have been increased by 3.01%.

ATTACHMENTS:

Attachment A: Resolution No. 2023-36

Fund No. 68-2168, 68-2169, 68-2170
RESOLUTION NO. 2023-36

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA

ACTING AS THE LEGISLATIVE BODY OF THE COMMUNITY
FACILITIES DISTRICT NO. 2012-1 (SINGLETON HEIGHTS),

AUTHORIZING THE ANNUAL LEVY OF SPECIAL TAXES FOR
FISCAL YEAR 2023/2024
WHEREAS, the City Council (the “Council”) of the City of Calimesa (the “City”) previously undertook proceedings under and pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), to form the City of Calimesa Community Facilities District No. 2012-1 (Singleton Heights) (the “CFD”) and designate improvement areas with the CFD, to authorize the levy of special taxes upon the land within the CFD, to finance certain services and certain facilities; and
WHEREAS, the Council has, pursuant to Resolution and by Ordinance, as authorized by Section 53340 of the California Government Code, authorized the levy of a Special Tax A to pay for costs and expenses related to the construction and acquisition of certain facilities, a Services Special Tax B to finance certain services related to the CFD, and the Council desires to establish the maximum rate of the special taxes to be collected for the next fiscal year.

NOW, THEREFORE, it is hereby determined and ordered as follows:

Section 1. The above recitals are all true and correct.

Section 2. That the Council does, by the passage of this resolution authorize the levy of the Special Tax A and the Services Special Tax B at the rates set forth in Exhibit “A” attached hereto, referenced and so incorporated.

Section 3. The rate determined and as set forth above does not exceed the amount as previously authorized by the Ordinance and is not in excess of that amount previously approved by the qualified electors of the CFD, and is exempt from Proposition 218, Section XIIID of the California State Constitution. After adoption of this Resolution, the City Manager or his/her designee, may make any necessary modification to these special taxes to correct errors, omissions or inconsistencies in the listing or categorization of parcels to be taxed or in the amount to be charged to any category of parcels; provided, however, that any such modification shall not result in an increase in the tax applicable to any category of parcels.

Section 4. That the proceeds of Special Tax A (Facilities) shall be used for the authorized purposes pursuant to the formation proceedings, including but not limited to the following:
(a) Payment of CFD administrative costs;
(b) Payment of acquisition or construction of authorized facilities; (c) Payment of principal of and interest on any outstanding authorized bonded indebtedness;

Attachment 10A
2 (d) Necessary replenishment or expenditure of bond reserve funds, other reserve funds or accumulation of funds for future payments including any amount required by Federal law to be rebated to the United States on the same debt; and (e) Repayment of advances and loans, if appropriate.

Section 5. That the proceeds of the Services Special Tax B shall be used to pay the authorized purposes pursuant to the formation proceedings, including but not limited to, the following:
(a) Payment of CFD administrative costs; and
(b) Payment of authorized services.

Section 6. The above authorized Special Tax A and Services Special Tax B (collectively the “Special Taxes”) shall be collected in the same manner as ordinary ad valorem property taxes and shall be subject to the same penalties and same procedures, sale and lien priority in cases of any delinquency as is provided for ad valorem taxes, and the Riverside County Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax.

Section 7. All monies collected shall be paid into the CFD funds, including any bond fund and reserve fund.

Section 8. This Resolution relating to the levy of the Special Taxes shall take effect immediately upon its adoption in accordance with the provisions of Section 53340 of the California Government Code, as amended.

Section 9. The Auditor of the County is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected, the installment of the special tax, reference is made to attached Exhibit “A” for the maximum rates of the Special Taxes.

Section 10. The County Auditor shall then, at the close of the tax collection period, promptly render to this City a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.
* * * * * *

3 PASSED, APPROVED AND ADOPTED this 17
th day of July, 2023,

WILLIAM DAVIS, MAYOR
ATTEST:

DARLENE GERDES, CITY CLERK

4 Exhibit A
City of Calimesa
CFD 2012-1 (Singleton Heights), Improvement Area No. 1
Fiscal Year 2023/2024
Special Tax A Rates (Facilities)
Land
Use
Class Building Square Footage
Assigned Special Tax A
per Residential Unit
1 900 or less Sq. Ft. $457.33
2 901 to 1,200 Sq. Ft. $640.26
3 1,201 to 1,500 Sq. Ft. $823.18
4 1,501 to 1,800 Sq. Ft. $866.37
5 1,801 to 2,100 Sq. Ft. $1,189.05
6 2,101 to 2,400 Sq. Ft. $1,371.98
7 2,401 to 2,700 Sq. Ft. $1,554.90
8 2,701 to 3,000 Sq. Ft. $1,737.83
9 Greater than 3,000 Sq. Ft. $1,920.76

5 CFD 2012-1 (Singleton Heights), Improvement Area No. 2 Fiscal Year 2023/2024
Special Tax A Rates (Facilities)
Land Use
Class Building Square Footage
Assigned Special Tax A
Per Residential Unit
1 900 or less Sq. Ft. $546.71
2 901 to 1,200 Sq. Ft. $765.39
3 1,201 to 1,500 Sq. Ft. $984.07
4 1,501 to 1,800 Sq. Ft. $1,202.76
5 1,801 to 2,100 Sq. Ft. $1,421.44
6 2,101 to 2,400 Sq. Ft. $1,640.13
7 2,401 to 2,700 Sq. Ft. $1,858.80
8 2,701 to 3,000 Sq. Ft. $2,077.49
9 3,001 to 3,300 Sq. Ft. $2,296.18
10 3,301 to 3,600 Sq. Ft. $2,514.86
11 3,601 to 3,900 Sq. Ft. $2,733.55
12 3,901 to 4,200 Sq. Ft. $2,952.22
13 4,201 to 4,500 Sq. Ft. $3,158.56
14 4,501 to 4,800 Sq. Ft. $3,389.60
15 Greater than 4,800 Sq. Ft $3,608.28
CFD 2012-1 (Singleton Heights), Improvement Area No. 1 and 2 Fiscal Year 2023/2024
Special Tax B Rates (Services)
Land Use Class Maximum
Special Tax B Rate
Developed $972.96 per Residential Unit

City Council Meeting
Agenda Report
Agenda Item No. 11
SUBJECT: COMMUNITY FACILITIES DISTRICT NO. 2013-1(JP RANCH) ANNUAL

LEVY OF SPECIAL TAXES
MEETING DATE: July 17, 2023
PREPARED BY: Celeste Reid, Finance Director
Lyn Gruber, Special Tax Consultant
RECOMMENDATION: That the City Council Adopt Resolution No. 2023-37, A Resolution of Community Facilities District No. 2013-1 (JP Ranch) Authorizing the Annual Levy of Special Taxes for Fiscal Year 2023/2024
SUMMARY: On August 5, 2013 Community Facilities District No. 2013-1 (JP Ranch) (“CFD”) was formed for the purpose of providing a secure revenue source for certain authorized facilities and services.

Approval of the CFD special tax levy for fiscal year (“FY”) 2023/2024 will provide the amounts required to pay annual debt service on the outstanding Special Tax Bonds, fund authorized services, and administrative expenses of the CFD. In order to meet the financial requirements of the CFD in FY 2023/2024, special taxes are proposed to be levied on Developed Property as defined in the Rate and Method of Apportionment (“RMA”). Developed Property are parcels for which a building permit was issued as of May 1, 2023 and represent 109 Residential Units in Zones 1 and 2 of Improvement Area (“IA”) No. 1, 75 Residential Units within IA No. 2 and 121 Residential Units within IA No. 3.

In order to meet the needs of the CFD, it is proposed that Special Tax A (Facilities) be levied at 87% of the Assigned Special Tax Rate in IA 1, It is proposed to levy up to 86% of the Assigned Special Tax Rate in IA 2 and additionally it is proposed to levy up to 88% of the Assigned Special Tax Rate in IA 3. Special Tax B (Services) is proposed to be levied at 100% of the maximum for Developed Property in IA 1, IA 2 and IA 3.

FISCAL IMPACT: If the Council approves the CFD special tax levy for FY 2023/2024 it will provide approximately $349,588 to fund the debt service and authorized facilities and administrative costs for 1A No. 1, IA No. 2 and IA No. 3 and $241,883 to fund the authorized services, assuming there are no delinquencies. The FY 2023/2024 levy amounts are based on levying up to the applicable FY 2023/2024 Special Taxes rates listed in Exhibit “A” of the Resolution. The Maximum Special Tax A Rates for facilities and may escalate at 2% per year and the Maximum Special Tax B Rates for services may escalate by the greater of two percent (2.0%) or the increase in the Consumer Price Index (CPI) per year (from April to April). Since the change in CPI was 3.01%, the Maximum Special Tax Rates have been increased by 3.01%.

ATTACHMENTS:

Attachment A: Resolution No. 2023-37

Fund Nos. 68-2164, 68-2165, 68-2166, 68-2167
RESOLUTION NO. 2023-37

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA

ACTING AS THE LEGISLATIVE BODY OF THE COMMUNITY
FACILITIES DISTRICT NO. 2013-1 (JP RANCH), AUTHORIZING THE ANNUAL LEVY OF SPECIAL TAXES FOR FISCAL YEAR 2023/2024
WHEREAS, the City Council (the “Council”) of the City of Calimesa (the “City”) previously undertook proceedings under and pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), to form the City of Calimesa Community Facilities District No. 2013-1 (JP Ranch) (the “CFD”) and designate improvement areas with the CFD, to authorize the levy of special taxes upon the land within the CFD, to finance certain services and certain facilities; and
WHEREAS, the Council has, pursuant to resolution of formation adopted on August 5, 2013 (the “Resolution”) and related ordinance (the “Ordinance”), as authorized by Section 53340 of the California Government Code, authorized the levy of a Special Tax A to pay for costs and expenses related to the construction and acquisition of certain facilities, a Services Special Tax B to finance certain services related to the CFD, and the Council desires to establish the maximum rates of the special taxes to be collected for the next fiscal year.

NOW, THEREFORE, it is hereby determined and ordered as follows:

Section 1. The above recitals are all true and correct.

Section 2. That the Council does, by the passage of this resolution authorize the levy of the Special Tax A and the Services Special Tax B at the rates set forth in Exhibit “A” attached hereto, referenced and so incorporated.

Section 3. The rate determined and as set forth above does not exceed the amount as authorized by the Ordinance and is not in excess of that amount previously approved by the qualified electors of the CFD, and is exempt from Proposition 218, Section XIIID of the California State Constitution. After adoption of this Resolution, the City Manager or his/her designee, may make any necessary modification to these special taxes to correct errors, omissions or inconsistencies in the listing or categorization of parcels to be taxed or in the amount to be charged to any category of parcels; provided, however, that any such modification shall not result in an increase in the tax applicable to any category of parcels.

Section 4. That the proceeds of the Special Tax A (Facilities) shall be used for the authorized purposes pursuant to the formation proceedings, including but not limited to the following:
(a) Payment of CFD administrative costs;
(b) Payment of acquisition or construction of authorized facilities; (c) Payment of principal of and interest on any outstanding authorized bonded indebtedness;

Attachment 11A
2 (d) Necessary replenishment or expenditure of bond reserve funds, other reserve funds or accumulation of funds for future payments including any amount required by Federal law to be rebated to the United States on the same debt; and (e) Repayment of advances and loans, if appropriate.

Section 5. That the proceeds of the Services Special Tax B shall be used to pay the authorized purposes pursuant to the formation proceedings, including but not limited to, the following:
(a) Payment of CFD administrative costs; and
(b) Payment of authorized services
Section 6. The above authorized Special Tax A and Services Special Tax B (collectively the “Special Taxes”) shall be collected in the same manner as ordinary ad valorem property taxes and shall be subject to the same penalties and same procedures, sale and lien priority in cases of any delinquency as is provided for ad valorem taxes, and the Riverside County Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax.

Section 7. All monies collected shall be paid into the CFD funds, including any bond fund and reserve fund.

Section 8. This Resolution relating to the levy of the Special Taxes shall take effect immediately upon its adoption in accordance with the provisions of Section 53340 of the California Government Code, as amended.

Section 9. The Auditor of the County is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected, the installment of the special tax, reference is made to attached Exhibit “A” for the maximum rates of the Special Taxes.

Section 10. The County Auditor shall then, at the close of the tax collection period, promptly render to this City a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.
* * * * * *

3 PASSED, APPROVED AND ADOPTED this 17th day of July, 2023

WILLIAM DAVIS, MAYOR
ATTEST:

DARLENE GERDES, CITY CLERK

4 Exhibit “A”
City of Calimesa
CFD 2013-1 (JP Ranch),
Improvement Area No. 1, Zone 1
Fiscal Year 2023/2024
Assigned Special Tax A Rates (Facilities)
Land Use
Class Building Square Footage
Assigned Special Tax A
per Residential Unit
1 2,100 or less Sq. Ft. $420.55
2 2,101 to 2,200 Sq. Ft. $499.79
3 2,201 to 2,500 Sq. Ft. $633.88
4 2,501 to 2,700 Sq. Ft. $719.21
5 2,701 to 2,900 Sq. Ft. $1,030.05
6 Greater than 2,900 Sq. Ft. $1,097.09
Improvement Area No. 1, Zone 2
Fiscal Year 2023/2024
Assigned Special Tax A Rates (Facilities)
Land Use
Class Building Square Footage
Assigned Special Tax A
per Residential Unit
1 2,100 or less Sq. Ft. $1,103.84
2 2,101 to 2,300 Sq. Ft. $1,214.24
3 2,301 to 2,500 Sq. Ft. $1,324.61
4 2,501 to 2,700 Sq. Ft. $1,339.72
5 2,701 to 2,900 Sq. Ft. $1,442.76
6 2,901 to 3,100 Sq. Ft. $1,505.96
7 Greater than 3,100 Sq. Ft $1,606.37

5 Improvement Area No. 2
Fiscal Year 2023/2024
Assigned Special Tax A Rates (Facilities)
Land Use
Class Building Square Footage
Assigned Special Tax A
per Residential Unit
1 2,100 or less Sq. Ft. $1,020.15
2 2,101 to 2,300 Sq. Ft. $1,122.17
3 2,301 to 2,500 Sq. Ft. $1,224.20
4 2,501 to 2,700 Sq. Ft. $1,326.20
5 2,701 to 2,900 Sq. Ft. $1,428.23
6 2,901 to 3,100 Sq. Ft. $1,530.23
7 Greater than 3,100 Sq. Ft $1,632.26
Improvement Area No. 3
Fiscal Year 2023/2024
Assigned Special Tax A Rates (Facilities)
Land Use
Class Building Square Footage
Assigned Special Tax A
per Residential Unit
1 2,100 or less Sq. Ft. $1,316.60
2 2,101 to 2,300 Sq. Ft. $1,448.25
3 2,301 to 2,500 Sq. Ft. $1,579.91
4 2,501 to 2,700 Sq. Ft. $1,711.58
5 2,701 to 2,900 Sq. Ft. $1,843.23
6 2,901 to 3,100 Sq. Ft. $1,974.89
7 Greater than 3,100 Sq. Ft $2,106.54
CFD 2013-1 (JP Ranch), Improvement Area Nos. 1, 2 and 3 Fiscal Year 2023/2024
Special Tax B Rates (Services)
Property Type
Maximum
Special Tax B Rate
Developed Property $793.07 per Residential Unit

City Council Meeting
Agenda Report
Agenda Item No. 12
SUBJECT: COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SUMMERWIND

TRAILS) ANNUAL LEVY OF SPECIAL TAXES
MEETING DATE: July 17, 2023
PREPARED BY: Celeste Reid, Finance Director
Lyn Gruber, Special Tax Consultant
RECOMMENDATION: That the City Council Adopt Resolution No. 2023-38 A Resolution of Community Facilities District No. 2018-1 (Summerwind Trails) Authorizing the Annual Levy of Special Taxes for Fiscal Year 2023/2024
SUMMARY: On July 16, 2018 Community Facilities District No. 2018-1 (Summerwind Trails) (“CFD”) was formed for the purpose of providing a secure revenue source for certain authorized facilities and services.

Approval of the CFD special tax levy for fiscal year (“FY”) 2023/2024 will provide the amounts required to pay the projected annual debt service on the Special Tax Bonds proposed to be issued, the amounts required to accumulate funds for facilities, fund authorized services, and administrative expenses of the CFD. In order to meet the financial requirements of the CFD in FY 2023/2024, special taxes are proposed to be levied on Developed Property as defined in the Rate and Method of Apportionment (“RMA”). Developed Property are parcels for which a building permit was issued as of May 1, 2023 and represent 633 Residential Units within Improvement Area (“IA”) No. 1.

In order to meet the needs of the CFD, it is proposed that Special Tax A (Facilities) be levied at 90% of the Assigned Special Tax Rate in IA 1, on Developed Property. Additionally, Special Tax B (Services) is proposed to be levied at 100% of the maximum for Developed Property in IA 1.

FISCAL IMPACT: If the Council approves the CFD special tax levy for FY 2023/2024 it will provide approximately $706,342 to fund the authorized facilities and administrative costs for 1A No. 1 and $247,338 to fund the authorized services, assuming there are no delinquencies. The FY 2023/2024 levy amounts are based on levying up to the applicable FY 2023/2024 Special Taxes rates listed in Exhibit “A” of the Resolution. The Maximum Special Tax A Rates for facilities and may escalate at 2% per year and the Maximum Special Tax B Rates for services may escalate by the greater of two percent (2.0%) or the increase in the Consumer Price Index (CPI) per year (from April to April). Since the change in CPI was 3.01%, the Maximum Special Tax Rates have been increased by 3.01%.

ATTACHMENTS:

Attachment A: Resolution No. 2023-38

Fund No. 68-0198, 68-0199
RESOLUTION NO. 2023-38

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA

ACTING AS THE LEGISLATIVE BODY OF THE COMMUNITY
FACILITIES DISTRICT NO. 2018-1 (SUMMERWIND TRAILS),

AUTHORIZING THE ANNUAL LEVY OF SPECIAL TAXES FOR
FISCAL YEAR 2023/2024
WHEREAS, the City Council (the “Council”) of the City of Calimesa (the “City”) previously undertook proceedings under and pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), to form the City of Calimesa Community Facilities District No. 2018-1 (Summerwind Trails) (the “CFD”) and designate improvement areas with the CFD, to authorize the levy of special taxes upon the land within the CFD, to finance certain services and certain facilities; and
WHEREAS, the Council has, pursuant to resolution of formation adopted on July 16, 2018 (the “Resolution”) and related ordinance (the “Ordinance”), as authorized by Section 53340 of the California Government Code, authorized the levy of a Special Tax A to pay for costs and expenses related to the construction and acquisition of certain facilities, a Services Special Tax B to finance certain services related to the CFD, and the Council desires to establish the maximum rates of the special taxes to be collected for the next fiscal year.

NOW, THEREFORE, it is hereby determined and ordered as follows:

Section 1. The above recitals are all true and correct.

Section 2. That the Council does, by the passage of this resolution authorize the levy of the Special Tax A and the Services Special Tax B at the rates set forth in Exhibit “A” attached hereto, referenced and so incorporated.

Section 3. The rate determined and as set forth above does not exceed the amount as authorized by the Ordinance and is not in excess of that amount previously approved by the qualified electors of the CFD, and is exempt from Proposition 218, Section XIIID of the California State Constitution. After adoption of this Resolution, the City Manager or his/her designee, may make any necessary modification to these special taxes to correct errors, omissions or inconsistencies in the listing or categorization of parcels to be taxed or in the amount to be charged to any category of parcels; provided, however, that any such modification shall not result in an increase in the tax applicable to any category of parcels.

Section 4. That the proceeds of the Special Tax A (Facilities) shall be used for the authorized purposes pursuant to the formation proceedings, including but not limited to the following:
(a) Payment of CFD administrative costs;
(b) Payment of acquisition or construction of authorized facilities; (c) Payment of principal of and interest on any outstanding authorized bonded indebtedness;

Attachment 12A
2 (d) Necessary replenishment or expenditure of bond reserve funds, other reserve funds or accumulation of funds for future payments including any amount required by Federal law to be rebated to the United States on the same debt; and (e) Repayment of advances and loans, if appropriate.

Section 5. That the proceeds of the Services Special Tax B shall be used to pay the authorized purposes pursuant to the formation proceedings, including but not limited to, the following:
(a) Payment of CFD administrative costs; and
(b) Payment of authorized services
Section 6. The above authorized Special Tax A and Services Special Tax B (collectively the “Special Taxes”) shall be collected in the same manner as ordinary ad valorem property taxes and shall be subject to the same penalties and same procedures, sale and lien priority in cases of any delinquency as is provided for ad valorem taxes, and the Riverside County Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax.

Section 7. All monies collected shall be paid into the CFD funds, including any bond fund and reserve fund.

Section 8. This Resolution relating to the levy of the Special Taxes shall take effect immediately upon its adoption in accordance with the provisions of Section 53340 of the California Government Code, as amended.

Section 9. The Auditor of the County is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected, the installment of the special tax, reference is made to attached Exhibit “A” for the maximum rates of the Special Taxes.

Section 10. The County Auditor shall then, at the close of the tax collection period, promptly render to this City a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.
* * * * * *

3 PASSED, APPROVED AND ADOPTED this 17th day of July, 2023

WILLIAM DAVIS, MAYOR
ATTEST:

DARLENE GERDES, CITY CLERK

4 Exhibit “A”
City of Calimesa
CFD 2018-1 (Summerwind Trails),
Improvement Area No. 1
Fiscal Year 2023/2024
Assigned Special Tax A Rates (Facilities)
Land Use
Class Building Square Footage
Assigned Special Tax A
per Residential Unit
1 1,400 or less Sq. Ft. $790.52
2 1,401 to 1,600 Sq. Ft. $879.95
3 1,601 to 1,800 Sq. Ft. $920.80
4 1,801 to 2,000 Sq. Ft. $961.65
5 2,001 to 2,200 Sq. Ft. $1,144.93
6 2,201 to 2,400 Sq. Ft. $1,220.01
7 2,401 to 2,600 Sq. Ft. $1,289.57
8 2,601 to 2,800 Sq. Ft. $1,391.14
9 2,801 to 3,000 Sq. Ft. $1,493.82
10 3,001 to 3,200 Sq. Ft. $1,615.27
11 3,201 to 3,400 Sq. Ft. $1,725.68
12 3,401 to 3,600 Sq. Ft. $1,887.98
13 3,601 to 3,800 Sq. Ft. $2,030.40
14 Greater than 3,800 Sq. Ft $2,173.94
CFD 2018-1 (Summerwind Trails), Improvement Area No. 1
Fiscal Year 2023/2024
Special Tax B Rates (Services)
Property Type
Maximum
Special Tax B Rate
Developed Property $390.74 per Residential Unit

City Council Meeting
Agenda Report
Agenda Item No. 13
SUBJECT: NOTICE OF THREE-YEAR URBAN QUALIFICATION FOR CDBG,

HOME AND ESG PROGRAMS
MEETING DATE: July 17, 2023
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council approve Resolution No. 2023-39, a Resolution of the City Council of the City of Calimesa Authorizing Participation in the County of Riverside’s Urban County Program for Fiscal Years 2024-2025, 2025-2026, and 2026-2027.

BACKGROUND: Since 2020, the City of Calimesa has chosen to participate in the County's annual Community Development Block Grant (CDBG) funding process. This process is non-competitive, meaning that the City automatically receives an annual CDBG allocation through the County of Riverside. Over the past two years, Calimesa has received two grants, which have been used for ADA upgrades on public facilities. One project has already been completed, and the second project is now prepared for bidding.

DISCUSSION: If the City decides to participate with the County, it will receive an annual CDBG allocation for the next three years based on its population. The estimated amount that the City would receive annually is approximately $35,000 to $40,000. These funds can be utilized for various activities, including both public service programs and City projects. For instance, $5,500 could be allocated to a public service program, potentially benefiting seniors, while the remaining amount could be used for Citywide ADA upgrades.

Under this program, the City would adhere to a County-prescribed procedure, which involves advertising the availability of funds and conducting a public hearing to determine the allocation of funding. The City's Public Works Department would be responsible for administering the program.

A draft agreement, which the City will be requested to enter into in July, is attached. The City must formally notify the County of its decision to opt into the County's program by July 30th.

FISCAL IMPACT: Opting into the Urban County program would allow Calimesa to receive an annual CDBG allocation in an amount estimated at $35,000 to $40,000 annually. Once the City receives notice from the County of its allocation, a budget amendment will be brought forward for Council approval.

ATTACHMENTS:

Attachment A: Resolution 2023-39
Attachment B: Draft Cooperation Agreement for CDBG, HOME and ESG for FY 2024-25 to 2026-27

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RESOLUTION NO. 2023-39

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA AUTHORIZING PARTICIPATION IN THE COUNTY OF RIVERSIDE’S

URBAN COUNTY PROGRAM FOR FISCAL YEARS
2024-2025, 2025-2026, AND 2026-2027
WHEREAS, the City of Calimesa has elected to participate as unit of local government (Cooperating City) in the County of Riverside’s Urban County Program for Federal Fiscal Years 2024-25, 2025-26, and 2026-27; and
WHEREAS, the Cooperation Agreement will allow the County and City to carryout activities which are funded by Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME) funds, and Emergency Solutions Grant (ESG); and WHEREAS, the Cooperation Agreement will allow the Cooperating City to participate in the Urban County Consolidated Planning Programs.

NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED, by the City Council of the City of Calimesa sitting in regular session on July 17, 2023, that:

1. The Cooperation Agreement between the County of Riverside and the City of Calimesa is hereby approved; and

2. The City Council hereby authorizes and directs the Mayor to execute the Cooperation Agreement on behalf of the City of Calimesa.

3. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 17th day of July 2023. ________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________

DARLENE GERDES, CITY CLERK

Attachment 13A
Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

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COOPERATION AGREEMENT

FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT,

HOME INVESTMENT PARTNERSHIPS PROGRAM, AND

EMERGENCY SOLUTIONS GRANT
FOR FISCAL YEARS 2024-25, 2025-26, 2026-27
This Cooperation Agreement for the Community Development Block Grant, HOME Investment Partnerships Program, and the Emergency Solutions Grant for Fiscal Years 2024-25, 2025-26, 2026-27, hereinafter referred to as “Agreement” is made and entered into this ______ day of __________ 2023, by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and CITY OF CALIMESA, an incorporated municipality within the geographical boundaries of the COUNTY, hereinafter referred to as "CITY.” City and County individually referred to herein as “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, the Housing and Community Development Act of 1974, as amended (42 U.S.C.A. § 5301 et seq.) (Public Law 93-383), hereinafter called "ACT", provides that Community Development Block Grant funds hereinafter referred to as "CDBG", may be used for the support of activities that provide decent housing, suitable living environments, and expanded economic opportunities principally for persons of low and moderate-income; and WHEREAS, the HOME Investment Partnerships Act program, hereinafter referred to as “HOME,” was enacted as Title II of the National Affordable Housing Act of 1990, for the purposes of: expanding the supply of decent, affordable housing for low and very-low income families with emphasis on rental housing; building State and local capacity to carry out affordable housing programs; and providing for coordinated assistance to participants in the development of affordable low-income housing; and
WHEREAS, the Emergency Solutions Grant, hereinafter referred to as “ESG,” was authorized by the McKinney-Vento Homeless Assistance Act of 1987 and the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009. The objectives of the ESG program are to increase the number and quality of emergency shelters and transitional

Attachment 13B
Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

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housing facilities for homeless individuals and families, to operate these facilities and provide essential social services, and to help prevent homelessness; WHEREAS, CDBG regulations require counties to re-qualify as an Urban County under the CDBG program every three (3) years.

NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived there from, the parties agree as follows:

1. GENERAL.
(a). This Agreement gives COUNTY authority to undertake, or assist in undertaking, activities for Fiscal Years 2024-25, 2025-26, and 2026-27, that will be funded from the CDBG, HOME, and ESG programs and from any program income generated from the expenditure of such funds. COUNTY and CITY agree to cooperate, to undertake, or to assist in undertaking, community renewal and lower-income housing assistance activities. COUNTY is qualified as an "Urban County" under the ACT. CITY, by executing this Agreement, hereby gives notice of its election to participate in an Urban County’s Community Development Block Grant (CDBG), Home Investment Partnerships Act (HOME), and Emergency Solutions Grant (ESG) programs, hereinafter referred to as "Urban County Programs". (b). By executing this Agreement, CITY understands that it may not apply for grants from appropriations under the Small Cities or State CDBG Programs for fiscal years during the period in which it participates in the Urban County’s CDBG program, and that CITY may only participate in the HOME program through the COUNTY’S Urban County Programs, not a HOME consortium. The CITY may also apply for HOME funds from the State of California, if permitted by the State.
(c). By executing this Agreement, CITY understands that it may only receive a formula allocation of ESG funds through the COUNTY’S Urban County Programs. The CITY may also apply for ESG funds from the State of California, if permitted by the State.

2. TERM.

The term of this Agreement shall be for three (3) years commencing on July 1, 2024, and expiring on June 30, 2027, unless an earlier date of termination is fixed by U.S.

Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

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Department of Housing and Urban Development, hereinafter called HUD, pursuant to ACT. This Agreement shall automatically renew for participation in successive three-year qualification periods, unless COUNTY and CITY provide written notice it elects not to participate in a new qualification period. In the event of termination, a notice shall be sent to the HUD Field Office.

Notwithstanding the above, the Parties agree that each Party shall adopt amendments to the Agreement incorporating changes necessary to meet the requirement for cooperation agreements set forth in an Urban County Qualification Notice that is applicable for any subsequent three-year urban qualification period and shall submit such amendment to HUD as provide in the Urban County Qualification Notice. The Parties agree that failure to comply shall void the automatic renewal for such qualification periods.

During the term and any successive qualification periods should this Agreement automatically renew, the terms of this Agreement shall remain in effect until the CDBG funds and program income received with respect to activities carried out during the three-year qualification period are expended and the funded activities completed. Furthermore, neither the COUNTY nor the CITY may terminate or withdraw from this Agreement while it remains in effect.

3. PREPARATION OF FEDERALLY REQUIRED FUNDING
APPLICATIONS.

The County of Riverside Housing and Workforce Solutions, subject to approval of COUNTY’s Board of Supervisors, shall be responsible for preparing and submitting to the U.S.

Department of Housing and Urban Development (HUD), in a timely manner, all reports and statements required by the ACT and the Federal regulations promulgated by HUD to secure entitlement grant funding under the CDBG, HOME, and ESG programs. This duty shall include the preparation and processing of COUNTY Housing, Community, and Economic Development Needs Identification Report, Citizen Participation Plan, the County Five-Year Consolidated Plan, One-Year Action Plan, Consolidated Annual Performance and Evaluation Report (CAPER), and other related programs which satisfy the application requirements of ACT and its regulations.

4. COMPLIANCE WITH FEDERAL STATUTES, REGULATIONS AND
OTHER APPLICABLE STATUTES, REGULATIONS AND ORDINANCES.

Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

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(a) COUNTY and CITY will comply with the applicable provisions of the ACT and those Federal regulations promulgated by HUD pursuant thereto, as the same currently exists or may hereafter be amended.
(b) The COUNTY and CITY are hereby obligated to take all actions necessary to assure compliance with COUNTY’s certification regarding affirmatively furthering fair housing pursuant to Section 104 (b) of Title I of ACT, as amended. (c) The COUNTY and CITY are hereby obligated to take all actions necessary to assure compliance with Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975.
(d) COUNTY and CITY will comply with the applicable provisions of the following: National Environmental Policy Act of 1969; Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968; the Fair Housing Act; Title 24 Code of Federal Regulations part 570; Cranston-Gonzales National Affordable housing Act (Public Law 101-625); Executive Order 11063, as amended by Executive Order 12259; Executive Order 11988; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.§4630, et. seq.); Section 109 of Title I of the ACT and implementing regulations at 24 CFR part 6; the implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act; the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975; the implementing regulations at 24 CFR part 136, and Section 3 of the Civil Rights Act of 1963, as amended; and other Federal or state statute or regulation applicable to the use of CDBG, HOME Investment Partnerships Act (enacted as Title II of the National Affordable Housing Act of 1990), and Emergency Solutions Grant funds.
(e) CITY agrees that the Urban County Program funding for activities in, or in support of, the CITY are prohibited if CITY does not affirmatively further fair housing within CITY’S jurisdiction or impedes COUNTY actions to comply with its fair housing certification. (f) CITY and COUNTY shall meet the citizen participation requirements of 24 CFR 570.301 and provide Urban County Program citizens with all of the following:

Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

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i. The estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate-income; ii. A plan for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities;
iii. A plan that provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate-incomes, residents of slum and blighted areas, and of areas in which funds are proposed to be used, and provides for participation of residents in low and moderate-income neighborhoods; iv. Reasonable and timely access to local meetings, information, and records relating to the grantee’s proposed use of funds, as required by the regulations of the Secretary, and relating to the actual use of funds under the ACT; v. Provide for public meetings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities and review of program performance.

Meeting shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the disabled. (g). CITY shall develop a community development plan, for the period of this Agreement, which identifies community development and housing needs and specifies both short and long-term community development objectives.
(h). CITY certifies, to the best of its knowledge and belief, that:
i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the CITY, to any person influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement.

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ii. If any funds other than Federally-appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
iii. The CITY shall require that the language provided in Sections 4(e)(i) and 4(e)(ii) of this Agreement be included in the award documents for all sub-awards at all tiers (including subcontracts, sub- grants and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
(iv). In accordance with Section 519 of Public Law 101-144, (the 1990 HUD Appropriations Act), the CITY certifies that it has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations, and that it has adopted and is enforcing applicable State and local laws against physically barring entrance to, or exit from, a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction.

5. COMPLIANCE WITH POLICY AND PROGRAM OBJECTIVES.

The COUNTY’s Board of Supervisors have adopted policies and procedures to ensure efficient and effective administration of the CDBG, HOME and ESG programs. COUNTY will provide these policies and procedures to CITY within a reasonable time after this Agreement’s commencement date. COUNTY and City agree to comply with these said policies and program objectives and to take no actions to obstruct implementation of the approved 2024-2029 Five Year Consolidated Plan and the subsequent Five Year Consolidated Plan.

6. OTHER AGREEMENTS
Pursuant to Federal regulations at 24 CFR 570.501(b), CITY is subject to the same

Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

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requirements applicable to sub-recipients, including the requirement of a written agreement set forth in Federal regulations at 24 CFR 570.503. For each fiscal year during the term of this Agreement, COUNTY and CITY shall enter into an additional agreement, commonly known as a Supplemental Agreement, that will have a term coinciding with a CDBG Program Year and enumerate the project(s) CITY will implement with its entitlement funds. Said Supplemental Agreement will set forth the time schedule for completion of said project(s) and any funding sources, in addition to entitlement funds, that will be used in completing the project(s). If substantial compliance with the completion schedule, due to unforeseen or uncontrollable circumstances, cannot be met by CITY, the schedule for the project(s) may be extended by COUNTY. If COUNY determines that substantial progress toward drawdown of funds is not made during the term of the Supplemental Agreement, the entitlement funds associated with the project(s) may be reprogrammed by COUNTY, to other activities as determined by COUNTY, after COUNTY provides appropriate written notice to CITY. COUNTY's decision not to extend the completion schedule associated with the project(s), or to reprogram the entitlement funds associated with the project(s), will not excuse CITY from complying with terms of this Agreement.

7. DETERMINATION OF PROJECTS TO BE FUNDED AND
DISTRIBUTION OF ENTITLEMENT FUNDS.

CITY agrees to submit to COUNTY in writing, no later than the date specified by COUNTY prior to each program year, the activities that the CITY desires to implement with its entitlement funds, said designation to comply with statutory and regulatory provisions governing citizen's participation. Said designation is to be reviewed by the COUNTY's Housing and Workforce Solutions to determine that the projects are eligible under Federal regulations for funding and inclusion in the One Year Action Plan of the County’s Five-Year Consolidated Plan and consistent with both Federal and COUNTY policy governing use of Community Development Block Grant (CDBG) funds.

In the event that CITY fails to submit to COUNTY the identified activities that the CITY desires to implement with its entitlement funds by the date specified prior to each program year, the COUNTY may determine the activities to be funded, without consent of the CITY,

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consistent with both Federal and COUNTY policy governing use of Community Development Block Grant (CDBG) funds.

Consistent with Sections 3, 4, 5, 6, and 7 of this Agreement, COUNTY's Board of Supervisors will make the final determination of the distribution and disposition of all CDBG funds received by COUNTY pursuant to the Act.

8. COMMUNITY DEVELOPMENT BLOCK GRANT MANUAL.

CITY warrants that those officers, employees, and agents, retained by it and responsible for implementing projects funded with CDBG have received, reviewed, and will follow the Community Development Block Grant Manual that has been prepared and amended by COUNTY, which Manual is incorporated herein and made a part hereof by this reference.

9. REAL PROPERTY ACQUIRED OR PUBLIC FACILITY
CONSTRUCTED WITH CDBG FUNDS.

When CDBG funds are used, in whole or in part, by CITY to acquire real property or to construct a public facility, CITY shall comply with the National Environmental Policy Act of 1969 (42 U.S.C. § 4321, et seq.), the California Environmental Quality Act (Cal. Pub. Resources Code § 21000, et seq.), the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4630, et seq.), and California Government Code Sections 7260 et seq., as those laws may be amended from time-to-time and any Federal or state regulations issued to implement the aforementioned laws.

In addition, the following is to occur:
(a) Title to the real property shall vest in CITY;
(b) The real property title will be held by or the constructed facility will be maintained by the CITY for the approved use until five years after the date that the project is reported as “Completed” within the annual Consolidated Annual Performance and Evaluation Report
(c) While held by CITY, the real property or the constructed facility is to be used exclusively for the purpose for which acquisition or construction was originally approved by COUNTY;

Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

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(d) CITY shall provide timely written notice to COUNTY of any action which would result in a modification or change in the use of the real property purchased or improved, in whole or in part, with CDBG or HOME funds from that planned at the time of acquisition or improvement, including disposition.
(e) CITY shall provide timely written notice to citizens and opportunity to comment on any proposed modification or change;
(f) Written approval from COUNTY must be secured if the property or the facility is to be put to an alternate use that is or is not consistent with Federal regulations governing CDBG funds;
(g) Should CITY desire during the five (5) year period to use the real property or the constructed facility for a purpose not consistent with applicable Federal regulations governing CDBG funds or to sell the real property or facility, then:
(i) If CITY desires to retain title, it will have to reimburse either COUNTY or the Federal government an amount that represents the percentage of current fair market value that is identical to the percentage that CDBG funds initially comprised to when the property was acquired or the facility was constructed;
(ii) If CITY sells the property or facility, or is required to sell the property or facility, CITY is to reimburse the COUNTY an amount that represents the percentage of proceeds realized by the sale that is identical to the percentage that CDBG funds comprised of the monies paid to initially acquire the property or construct the facility. This percentage amount will be calculated after deducting all actual and reasonable cost of sale from the sale proceeds.

10. DISPOSITION OF INCOME GENERATED BY THE EXPENDITURE
OF CDBG FUNDS.

CITY shall inform COUNTY in writing of any income generated by the expenditure of CDBG funds received by CITY from COUNTY. CITY may not retain program income so generated. Any and all program income shall be returned to the County and may only be used for eligible activities in accordance with all CDBG requirements, including all requirements for citizen participation.

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The COUNTY is required by HUD to monitor and report the receipt and use of all program income. CITY is required to track, monitor, and report any and all program income as requested by COUNTY.

11. TERMINATION.

Except as provided for in Section 2, CITY and COUNTY cannot terminate or withdraw from this Agreement while it remains in effect.

12. NOTICES.

All correspondence and notices required or contemplated by this Agreement shall be delivered to the respective parties at the addresses set forth below and are deemed submitted two days after their deposit in the United States mail, postage prepaid:

COUNTY OF RIVERSIDE CITY OF CALIMESA
Heidi Marshall, Director Will Kolbow, City Manager
County of Riverside HWS City of Calimesa
P.O. Box 1528 908 Park Avenue
Riverside, CA 92502 Calimesa, CA 92320

13. AGREEMENT ADMINISTRATION.

The City Manager in the case of the City of Calimesa, and the Director of Housing and Workforce Solutions, in the case of the County of Riverside, or their designee, shall administer the terms and conditions of this Agreement for their respective city or county.

14. COOPERATION; FURTHER ACT.

The PARTIES shall cooperate fully with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purpose of the Agreement.

15. NO THIRD-PARTY BENEFICIARIES.

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This Agreement is made and entered into for the sole protection and benefit of the PARTIES hereto and shall not create any rights in any third parties. No other person or entity shall have any right or action based upon the provisions of the Agreement.

16. SECTION HEADINGS.

The Section headings herein are for the convenience of the PARTIES only and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions or language of this Agreement.

17. FORMER AGREEMENTS UTILIZING COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS BETWEEN COUNTY AND CITY.

All agreements between CITY and COUNTY regarding the use of CDBG funds for fiscal years 1975-76 through fiscal years 2023-2024, and any Supplemental Agreements there under, shall remain in full force and effect. If the language of this Agreement is in conflict or inconsistent with the terms of any prior said agreements between CITY and COUNTY, the language of this Agreement will be controlling.

18. INDEMNIFICATION
CITY agrees to indemnify, defend, and hold harmless COUNTY and its authorized officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising from CITY acts, errors or omissions and for any costs or expenses incurred by COUNTY on account of any claim therefore, except where such indemnifications is prohibited by law. CITY shall promptly notify COUNTY in writing of the occurrence of any such claims, actions, losses, damages, and/or liability.

CITY shall indemnify and hold harmless COUNTY against any liability, claims, losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or its successor that activities undertaken by CITY under the program(s) fail to comply with any laws, regulations, or policies applicable thereto or that any funds billed by and disbursed to CITY under this Agreement were improperly expended.

19. COMPLIANCE WITH LAWS AND REGULATIONS.

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By executing this Agreement, the Parties hereby certify that they will adhere to and comply with all Federal, state and local laws, regulations and ordinances.

20. ENTIRE AGREEMENT.

It is expressly agreed that this Agreement embodies the entire agreement of the Parties in relation to the subject matter hereof, and that no other agreement or understanding, verbal or otherwise, relative to this subject matter, exists between the Parties at the time of execution.

21. SEVERABILITY.

Each paragraph and provision of this Agreement is severable from each other provision and in the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provision will never the less continue in full force without being impaired or invalidated in any way.

22. ASSIGNMENT.

CITY shall not make any sale, assignment, conveyance or lease of any trust or power, or transfer in any other form with respect to this Agreement, or delegate or assign any interest in this Agreement without prior written approval of the County.

23. INTERPRETATION AND GOVERNING LAW.

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

24. WAIVER.

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

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25. JURISDICTION AND VENUE.

Any action at law or in equity arising under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed in the Superior Court of California, County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court or jurisdiction.

26. AMENDMENTS
No change, amendment, or modification to the Agreement shall be valid or binding upon CITY or COUNTY unless such change, amendment, or modification is in writing and duly executed. CITY and COUNTY agree to adopt any necessary amendments to this Agreement to incorporate changes required by HUD as set forth in the Urban County Qualification Notice.

Amendments must be submitted to HUD as provided in the Urban County Qualification Notice and failure to do so will void the automatic renewal for such qualification period.

27. PROHIBITION OF CDBG FUND TRANSFER
The CITY may not sell, trade, or otherwise transfer all or any portion of the CDBG funds to another such cooperating city, metropolitan city, urban county, or Indian tribe, that directly receives CDBG funds in exchange for any other funds, credits, or non-Federal considerations. CITY must use the CDBG funds for activities eligible under Title I of the ACT.

28. EMERGENCY SOLUTIONS GRANT FORMULA ALLOCATION
CITY acknowledges that while participating in the COUNTY’s Urban County program, CITY can only receive a formula Emergency Solutions Grant (ESG) allocation from the Urban County program and only at such times as authorized by the Board of Supervisors. The CITY and COUNTY may also apply for ESG funds from the State of California, if permitted by the State.

29. HOME INVESTMENT PARTNERSHIP ACT FORMULA

ALLOCATION
CITY acknowledges that while participating in the COUNTY’s Urban County program, CITY can only receive a formula HOME allocation from the Urban County program

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and only at such times as authorized by the Board of Supervisors. The CITY and COUNTY may also apply for HOME funds from the State of California, if permitted by the State.

30. AUTHORITY TO EXECUTE.

The persons executing this Agreement or exhibits attached hereto on behalf of the Parties to this Agreement hereby warrant and represent that they have the authority to execute this Agreement and warrant and represent that they have the authority to bind the respective Parties to this Agreement to the performance of its obligations hereunder.

31. INCORPORATION OF RECITALS
The Parties hereby affirm the facts set forth in the recitals above. Said recitals are incorporated herein and made an operative part of this Agreement.

32. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. [SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the COUNTY and CITY have executed this Agreement on the date shown below.

Date: _______________________

COUNTY OF RIVERSIDE, CITY OF CALIMESA,
a political subdivision of the a general law city
State of California
BY: ____________________________ BY: _________________________ Heidi Marshall, Director Mayor
Housing and Workforce Solutions
APPROVED AS TO FORM: ATTEST:

Minh C. Tran, County Counsel
BY: ________________________
By: __________________________________ City Clerk
Paula S. Salcido, Deputy County Counsel
APPROVED AS TO FORM:

BY: __________________________
City Attorney

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COUNTY COUNSEL CERTIFICATION
The Office of County Counsel of the County of Riverside hereby certifies that the terms and provisions of this Agreement are fully authorized under state and local law and that the Agreement provides full legal authority for the COUNTY to undertake, or assist in undertaking, essential community development and housing assistance activities specifically urban renewal and publicly assisted housing.

Minh C. Tran
County Counsel
By:

Deputy, Paula S. Salcido

City Council Meeting
Agenda Report
Agenda Item No. 14
SUBJECT: PUBLIC HEARING: SPECIAL ASSESSMENTS OF DELINQUENT

REFUSE FEES
MEETING DATE: July 17, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council:

1. Open the Public Hearing and take public testimony of the proposed special assessments of delinquent refuse fees; and

2. Adopt Resolution 2023-40, A Resolution of the City Council of the City of Calimesa, California, confirming the report of charges to be placed as special assessments for delinquent refuse fees.

BACKGROUND: Due to the need for the City to be in compliance with AB 939, 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 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.

On June 5, 2023 Council adopted Resolution No. 2023-25 setting the public hearing date of July 17, 2023.

CR&R provided the Notice of Public Hearing to each property owner whose account was delinquent and potentially in an assessment position, notifying them of the Public Hearing to be held on July 17, 2023.

The public notice was also published in the Yucaipa/Calimesa News-Mirror.

The delinquent account list provided by CR&R currently contains 104 accounts. Any party on the list who makes appropriate payment arrangements with CR&R prior to July 17, 2023 will have their name removed from the list prior to forwarding the list to the County for inclusion on the 2023-24 tax roll. The $25.00 administrative fee is included in the total due for each property to be assessed.

ATTACHMENTS:

Attachment A. Resolution No. 2023-40 with Exhibit “A”

RESOLUTION NO. 2023-40

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA, CALIFORNIA, CONFIRMING THE REPORT OF

CHARGES TO BE PLACED AS SPECIAL ASSESSMENTS

FOR DELINQUENT REFUSE FEES
WHEREAS, the City Council of the City of Calimesa (the "City Council") adopted Ordinance No. 96-6, codified at Chapter 8.30 to Title 8 of the Municipal Code of the City of Calimesa (the “Municipal Code”), commencing with Section 8.30.560, providing for the collection of delinquent refuse fees; and
WHEREAS, the City Council has, this date, held a public hearing on the special assessment for delinquent refuse fees list, attached hereto as “Exhibit A”, wherein the City Council authorized staff to file real property liens and to forward amounts to the County of Riverside for addition to the property tax rolls as a special assessment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES RESOLVE, DETERMINE AND ORDER that all amounts remaining unpaid on the delinquent refuse fees list be forwarded to the County of Riverside for addition to the 2023--2024 property tax rolls as a special assessment.

PASSED, APPROVED AND ADOPTED, this 17th day of July 2023. ________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
__________

DARLENE GERDES, CITY CLERK

Attachment 14A
Final Exhibit A
Resolution 2023-40
SERVICE NAME SERVICE ADDRESS CITY APN#
Balance Due

7.8.23 $25.00 Admin
Fee
Final total on
tax roll
DENVER KEY-OWNER 765 W CO LINE CALIMESA 411-020-011 $ 500.30 $ 25.00 $ 525.30 CAROLE JONES-GRASSL 397 E COUNTY LINE RD CALIMESA 409-030-014 $ 489.15 $ 25.00 $ 514.15 PAUL NEMEC 994 7TH PL CALIMESA 411-050-006 $ 439.74 $ 25.00 $ 464.74 DERRICK SNYDER 35144 BUENA MESA CALIMESA 410-230-003 $ 357.84 $ 25.00 $ 382.84 SKYE JETER 232 COUNTRY CLUB DR CALIMESA 410-300-019 $ 355.38 $ 25.00 $ 380.38 BRANDON MACIAS 1199 5TH ST CALIMESA 411-242-011 $ 350.39 $ 25.00 $ 375.39 MARILYN FOGUS 1080 CALIFORNIA ST CALIMESA 410-162-012 $ 350.76 $ 25.00 $ 375.76 KIMBERLY UCCELLO 915 5TH ST CALIMESA 411-140-015 $ 347.09 $ 25.00 $ 372.09 JOHN L STACEY JR 1250 NUGGET CALIMESA 410-202-006 $ 279.80 $ 25.00 $ 304.80 GERARDO RAMIREZ 35746 BECKWITH CALIMESA 413-260-014 $ 279.32 $ 25.00 $ 304.32 THOMAS OGLE 1192 3RD ST CALIMESA 410-185-004 $ 272.91 $ 25.00 $ 297.91 KAREN & MARK LEWIS 324 SANDALWOOD CALIMESA 410-184-017 $ 268.95 $ 25.00 $ 293.95 CRISTINA CONLOGUE 560 AVENUE K CALIMESA 411-112-008 $ 199.68 $ 25.00 $ 224.68 KAREN PARK 35663 CHAMPAGNE CALIMESA 413-372-005 $ 145.32 $ 25.00 $ 170.32 JOANNA HERRERA 1093 HILLCREST CALIMESA 409-140-034 $ 134.88 $ 25.00 $ 159.88 CAROL & EDWARD MARQUEZ 35980 SINGLETON RD CALIMESA 413-250-061 $ 132.00 $ 25.00 $ 157.00 JOSE & MARIA OREGEL-OWNER 483 BUENA VISTA RD CALIMESA 411-160-044 $ 116.71 $ 25.00 $ 141.71 JOHN GUERRERO 9453 SHARONDALE RD CALIMESA 413-340-011 $ 116.90 $ 25.00 $ 141.90 MICHAEL RUSSELL 1004 NIGHT SHADE RD CALIMESA 413-941-014 $ 311.93 $ 25.00 $ 336.93 SHARON GREENE 1047 RAVEN CT CALIMESA 413-902-022 $ 276.79 $ 25.00 $ 301.79 ALICE L YARYAN 867 W COUNTY LINE RD CALIMESA 413-060-004 $ 456.42 $ 25.00 $ 481.42 DANA WILKES 934 5TH ST CALIMESA 411-132-009 $ 132.99 $ 25.00 $ 157.99 FRANK TRACY 35663 CHAMPAGNE DR CALIMESA 413-372-005 $ 107.55 $ 25.00 $ 132.55 CHRIS & MARY M SADLER 934 STEARNS ST CALIMESA 410-111-016 $ 350.39 $ 25.00 $ 375.39 MIGUEL A & TERESA H RUBIO 920 3RD ST CALIMESA 410-030-005 $ 348.22 $ 25.00 $ 373.22 TIMOTHY M PATRICK-OWNER 840 W COUNTY LINE RD CALIMESA 413-071-005 $ 260.00 $ 25.00 $ 285.00 VIRGINIA & DERICK EPPLER 431 W COUNTY LINE RD CALIMESA 411-150-004 $ 172.31 $ 25.00 $ 197.31 WILLIAM HERNANDEZ 1192 CHERRY LN CALIMESA 411-242-005 $ 195.93 $ 25.00 $ 220.93 WINIFRIED HIGGINS 924 AVENUE B CALIMESA 411-100-027 $ 499.36 $ 25.00 $ 524.36 KRIS GRANO 415 W COUNTY LINE RD CALIMESA 411-150-013 $ 377.81 $ 25.00 $ 402.81 KATLYNN CAPUCHINO 1061 4TH ST CALIMESA 411-172-008 $ 350.76 $ 25.00 $ 375.76 KIM WEBB 151 TRADITION CT CALIMESA 410-340-019 $ 239.40 $ 25.00 $ 264.40 BRIANNA BECCACIO 1535 OVERCUP CT CALIMESA 407-391-007 $ 504.34 $ 25.00 $ 529.34

Final Exhibit A
Resolution 2023-40
SERVICE NAME SERVICE ADDRESS CITY APN#
Balance Due

7.8.23 $25.00 Admin
Fee
Final total on
tax roll
HILDA SMITH-OWNER 180 VICTORIA LN CALIMESA 410-120-030 $ 246.48 $ 25.00 $ 271.48 LUZ RUIZ HERNANDEZ 314 MIDORI LN CALIMESA 410-080-023 $ 276.79 $ 25.00 $ 301.79 DIANA TUITAVAKE 1095 CORIANDER ST CALIMESA 413-961-028 $ 204.83 $ 25.00 $ 229.83 JORDAN MACK 35010 SINGLETON RD CALIMESA 413-190-006 $ 445.85 $ 25.00 $ 470.85 PAUL VEGA 1019 HELIOTROPE CT CALIMESA 413-963-011 $ 243.02 $ 25.00 $ 268.02 JUAN MADRID 208 COLONIAL DR CALIMESA 410-340-041 $ 350.76 $ 25.00 $ 375.76 VICTORIA OLSON 1034 4TH ST CALIMESA 411-160-026 $ 114.51 $ 25.00 $ 139.51 CHRISTINA HEART 1148 CORIANDER ST CALIMESA 413-963-017 $ 77.60 $ 25.00 $ 102.60 CHARLENE GONZALEZ 222 GARDEN AIR CT CALIMESA 410-370-011 $ 353.53 $ 25.00 $ 378.53 AUDILIA LOZADA 169 GARDEN AIR CT CALIMESA 410-370-024 $ 196.29 $ 25.00 $ 221.29 CHRISTIAN HERRERA 1192 LITTLE LEAF ST CALIMESA 413-960-023 $ 355.38 $ 25.00 $ 380.38 ERIC VILLALOBOS 999 HERON CT CALIMESA 413-900-003 $ 353.48 $ 25.00 $ 378.48 ALMA TRUJILLO 198 GARDEN AIR CT CALIMESA 410-370-017 $ 316.81 $ 25.00 $ 341.81 ARMANDO VARGAS 1123 POINSETTIA CIR CALIMESA 413-971-011 $ 134.88 $ 25.00 $ 159.88 SAMANTHA SULLIVAN 1026 EGRET ST CALIMESA 413-902-007 $ 232.28 $ 25.00 $ 257.28 ALEJANDRO RODRIGUEZ 1316 MANDRAKE CT CALIMESA 407-380-001 $ 426.74 $ 25.00 $ 451.74 CHIQUITA GRIFFIN 1047 POINSETTIA CIR CALIMESA 413-980-012 $ 134.88 $ 25.00 $ 159.88 KLINT CONCEPCION 1043 BALSAM ST CALIMESA 413-931-006 $ 276.79 $ 25.00 $ 301.79 CRISTY HOOVER 1057 SPARROW CT CALIMESA 413-910-021 $ 125.76 $ 25.00 $ 150.76 JARYN GADEA 1059 BALSAM ST CALIMESA 413-931-002 $ 204.83 $ 25.00 $ 229.83 CHASE MCCLANAHAN 1033 SPARROW CT CALIMESA 413-910-026 $ 122.63 $ 25.00 $ 147.63 JOHANNA VALENCIA 1056 POINSETTIA CIR CALIMESA 413-981-005 $ 352.13 $ 25.00 $ 377.13 JANET HAMMONS 9512 CRESTKNOLL DR CALIMESA 413-341-019 $ 317.81 $ 25.00 $ 342.81 MISTY NAVARRETE 1027 MARIGOLD CT CALIMESA 413-950-003 $ 329.26 $ 25.00 $ 354.26 MICHAEL CAMARENA 1083 LITTLE LEAF ST CALIMESA 413-951-005 $ 168.82 $ 25.00 $ 193.82 MATTHEW LEONARD 1095 RAVEN CT CALIMESA 413-911-005 $ 498.44 $ 25.00 $ 523.44 RESIDENT 1285 3RD ST CALIMESA 410-222-003 $ 357.18 $ 25.00 $ 382.18 LUIS PERSANTES 253 COUNTRY CLUB DR CALIMESA 410-300-039 $ 244.76 $ 25.00 $ 269.76 JENNA PEREZ 486 BUENA VISTA RD CALIMESA 411-160-004 $ 502.43 $ 25.00 $ 527.43 LIZETTE URIBE 1067 RAVEN CT CALIMESA 413-902-017 $ 134.88 $ 25.00 $ 159.88 BRITTANY DIAZ 241 COUNTRY CLUB DR CALIMESA 410-300-042 $ 322.24 $ 25.00 $ 347.24 JONATHAN DAVALOS CRYSTAL CARDE 1071 CORIANDER ST CALIMESA 413-940-005 $ 353.52 $ 25.00 $ 378.52 JOSE SOLORZANO 1063 CORIANDER ST CALIMESA 413-940-003 $ 204.83 $ 25.00 $ 229.83

Final Exhibit A
Resolution 2023-40
SERVICE NAME SERVICE ADDRESS CITY APN#
Balance Due

7.8.23 $25.00 Admin
Fee
Final total on
tax roll
PAUL GARCIA 213 COUNTRY CLUB DR CALIMESA 410-310-040 $ 204.83 $ 25.00 $ 229.83 FRANK COSENTINO 1031 MARIGOLD CT CALIMESA 413-950-004 $ 355.38 $ 25.00 $ 380.38 MARK BAKER 1191 CHERRY LN CALIMESA 411-241-011 $ 272.91 $ 25.00 $ 297.91 BRITTANY SMITH 1196 HOLLY LN CALIMESA 411-241-005 $ 209.79 $ 25.00 $ 234.79 TAKARA TAYLOR 212 COUNTRY CLUB DR CALIMESA 410-310-005 $ 204.83 $ 25.00 $ 229.83 SAM SAR 1040 RAVEN CT CALIMESA 413-901-012 $ 276.79 $ 25.00 $ 301.79 JAMES SIMEON 386 HALBERTA CIR CALIMESA 410-062-006 $ 223.32 $ 25.00 $ 248.32 HILARIO AGUIRRE 794 W AVENUE L CALIMESA 413-082-016 $ 294.07 $ 25.00 $ 319.07 JESSICA BAKER 113 KNOLL CREST DR CALIMESA 413-602-025 $ 205.41 $ 25.00 $ 230.41 AMANDA SANTOS 1116 3RD ST CALIMESA 410-181-001 $ 132.99 $ 25.00 $ 157.99 JUAN SOTO 196 SINGLETON CANYON RD CALIMESA 413-630-001 $ 276.79 $ 25.00 $ 301.79 CELISSE ORDAZ 241 W AVENUE L CALIMESA 410-094-001 $ 125.65 $ 25.00 $ 150.65 TAHNA ARREDONDO 181 VICTORIA LN CALIMESA 410-120-042 $ 355.38 $ 25.00 $ 380.38 SUE VARGAS 1165 3RD ST CALIMESA 410-186-005 $ 536.78 $ 25.00 $ 561.78 ERIC & INDRI PADMA 65 COUNTRY CLUB DR CALIMESA 410-320-039 $ 350.76 $ 25.00 $ 375.76 ERICA AMANKWA 1327 HERITAGE DR CALIMESA 410-320-016 $ 223.76 $ 25.00 $ 248.76 MELISSA ROBINSON 1254 HERITAGE DR CALIMESA 410-350-019 $ 33.32 $ 25.00 $ 58.32 JOHN ORTEGA 188 COLONIAL DR CALIMESA 410-340-046 $ 134.88 $ 25.00 $ 159.88 ANTHONY MARTINEZ 914 2ND ST CALIMESA 410-050-009 $ 351.28 $ 25.00 $ 376.28 JOHN ANDREWS 243 W COUNTY LINE RD CALIMESA 410-050-002 $ 134.88 $ 25.00 $ 159.88 JAMES ORDEN 978 5TH ST CALIMESA 411-132-023 $ 354.90 $ 25.00 $ 379.90 CORI STEPHENSON 35061 MESA GRANDE DR CALIMESA 413-233-002 $ 2,188.21 $ 25.00 $ 2,213.21 DONNA SOLOMON 876 W AVENUE L CALIMESA 413-072-019 $ 270.93 $ 25.00 $ 295.93 STEVEN & JACKIE RESEITH:OWNERS 146 W AVENUE L CALIMESA 410-140-014 $ 477.17 $ 25.00 $ 502.17 EDDIE DELSI 175 E COUNTY LINE RD CALIMESA 410-112-001 $ 420.75 $ 25.00 $ 445.75 FRANK & REGINA HOLGUIN 749 W AVENUE L CALIMESA 411-200-002 $ 439.74 $ 25.00 $ 464.74 MAYA SPAETH 1285 LONE STAR CT CALIMESA 410-221-037 $ 246.49 $ 25.00 $ 271.49 CARI & NICOLAS HOULE 782 W AVENUE L CALIMESA 413-082-030 $ 350.39 $ 25.00 $ 375.39 CALIFORNIA SMOG TEST 905 CALIMESA BLVD CALIMESA 411-100-040 $ 442.03 $ 25.00 $ 467.03 MARCOS PARRA 956 AVENUE B CALIMESA 411-111-007 $ 350.39 $ 25.00 $ 375.39 CHRIS HOWARD 367 W COUNTY LINE RD CALIMESA 410-020-007 $ 748.00 $ 25.00 $ 773.00 JENNIFER MCCURDY 245 W COUNTY LINE RD CALIMESA 410-050-001 $ 121.16 $ 25.00 $ 146.16 MARIA EDKAR 345 W AVENUE L CALIMESA 410-080-011 $ 210.74 $ 25.00 $ 235.74

Final Exhibit A
Resolution 2023-40
SERVICE NAME SERVICE ADDRESS CITY APN#
Balance Due

7.8.23 $25.00 Admin
Fee
Final total on
tax roll
ROBERT QUIROZ 478 MYRTLEWOOD DR CALIMESA 411-251-005 $ 355.38 $ 25.00 $ 380.38 PAUL WEATHERS-OWNER 423 MYRTLEWOOD DR CALIMESA 411-255-002 $ 352.32 $ 25.00 $ 377.32 DIANA TUCKER 461 W AVENUE L CALIMESA 411-171-011 $ 350.39 $ 25.00 $ 375.39 CRAIG & SUZANNE MILLAR 190 E AVENUE L CALIMESA 410-151-015 $ 350.39 $ 25.00 $ 375.39 AQUILINE BEHAVIORAL THERAPY CE 1055 RAVEN CT CALIMESA 413-902-020 $ 276.04 $ 25.00 $ 301.04 $ 31,910.96 $ 2,600.00 $ 34,510.96

City Council Meeting
Agenda Report
Agenda Item No. 15
SUBJECT: PUBLIC HEARING: SPECIAL ASSESSMENTS FOR WEED

ABATEMENT CHARGES
MEETING DATE: July 17, 2023
PRESENTED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council open the public hearing, take public testimony and adopt Resolution No. 2023-41, A Resolution of the City Council of the City of Calimesa, California, confirming the report of charges to be placed as special assessments for weed abatement for 2023-2024.

BACKGROUND: The 2023 weed abatement program was conducted by the City’s Fire Department as follows: First inspections commenced on or about March 1, 2023. One Hundred Forty-Three (143) properties were identified as a fire hazard due to weeds and other flammable vegetation. “Notice to Abate” letters were mailed to the property owners as listed on the last equalized tax roll in compliance with requirements of Section 8.10.050 of the Calimesa Municipal Code. Property owners were given thirty days to abate weeds and other flammable vegetation.

Upon expiration of the thirty-day period, the Fire Department re-inspected the properties and found twenty-five (25) properties that had not complied with the Notice. Additionally, twelve (12) other properties took advantage of the “Subscription Program” offered through the city’s weed abatement program and they have all been abated and invoiced for those charges. The abatements were completed by the city’s contractor A.B. Landscape.

A Notice of the Public Hearing, which included the amount of the proposed special assessment, where mailed to the property owners. In addition, a Notice of Public Hearing was published and posted, and a list of assessments were made available for viewing at City Hall.

The property owners were given over 30 days to make their payment to the City, with a payment due date of July 17, 2023 by 5:30 p.m.

As of the date of this report, the City has not received payment for the proposed assessments due on eleven (11) of the 25 properties. Additionally, the City has not received payment for the invoices due on four (4) of the 12 subscription properties. All of these properties have been included on the Attached “Exhibit A” to Resolution No. 2023-xx. There are 15 delinquent parcels as of July 12, 2023 with a total assessment amount of $8,742.30.

Inspections by the Fire Department will continue throughout the year and Notice of Violations will be sent to those property owners who are in violation of the Calimesa Municipal Code.

Staff will continue to offer abatement through the Subscription Program and those in violation of the 30 days’ notice will be abated by the City’s contractor and property owners will be billed for the abatement costs. Any payments not received by the property owners will be held for assessments to the tax rolls in the 2024/2025 tax year.

ATTACHMENTS:

Attachment A: Resolution No. 2023-41 with Exhibit A

RESOLUTION NO. 2023-41

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA, CALIFORNIA, CONFIRMING THE REPORT OF

CHARGES TO BE PLACED AS SPECIAL ASSESSMENTS
FOR WEED ABATEMENT FOR 2023-2024.

WHEREAS, the City Council of the City of Calimesa (the "City Council") adopted Ordinance No. 92-2, codified at Chapter 8.10 to Title 8 of the Municipal Code of the City of Calimesa (the “Municipal Code”), commencing with Section 8.10.010, providing for the abatement of weeds and other flammable vegetation; and
WHEREAS, the duty to abate weeds and hazardous vegetation is established at Section 8.10.030 of the Municipal Code; and,
WHEREAS, all requirements of Chapter 8.10 of the Municipal Code, including the requirements for notice and hearing as set forth in Sections 8.10.050 through 8.10.090 thereof, have been met; and
WHEREAS, the City Council, pursuant to the authority granted by Chapter 8.10 and Section 8.10.090 of the Municipal Code, has received the report of the City Manager, has heard any protests and has confirmed the report of charges to be placed as special assessments for the respective parcels of land;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Removal costs and administrative charges for weed abatement are approved for the parcels of land as listed on Attachment “A,” and shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of such costs and charges.

Section 2. The City Clerk is authorized and directed to submit a certified copy of this Resolution and the confirmed report to the Riverside County Auditor’s Office to place said special assessments on the assessment roll and to record liens against the subject properties with the Riverside County Recorder’s Office.

Section 3. The assessments shall be collected at the same time and in the same manner as the ad valorem County property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of County ad valorem property taxes shall be applicable to such assessments, subject to and in accordance with subsection (c) of Section 8.10.100 of the Municipal Code.

Attachment 15A
PASSED, APPROVED AND ADOPTED, this 17th day of July 2023. ________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________________

DARLENE GERDES, CITY CLERK

2023 SPECIAL ASSESSMENTS - WEED ABATEMENT
Assess. Total
Number APN # Assess.
1 411-090-018 $345.82
2 411-090-014 $345.82
3 411-040-004 $345.82
4 411-200-009 $420.82
5 413-270-002 $1,485.82
6 413-260-032 $420.82
7 413-081-006 $605.82
8 411-230-012 $855.82
9 411-210-024 $1,395.82
10 411-020-001 $705.82
11 411-040-003 $345.82
12 410-131-016 $255.82
13 410-131-012 $405.82
14 409-080-006 $375.82
15 411-190-011 $430.82
TOTAL $8,742.30
RESOLUTION NO. 2023-41
ATTACHMENT "A"

City Council Meeting
Agenda Report
Agenda Item No. 16
SUBJECT: PUBLIC HEARING: APPROVAL OF THE FINAL ANNUAL ENGINEERS

REPORT FOR THE CITY OF CALIMESA CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 91-1
MEETING DATE: July 17, 2023
PRESENTED BY: Mike Thornton, City Engineer
RECOMMENDATION: That the City Council open the public hearing and take public testimony and Adopt Resolution No. 2023-42, Resolution of the City Council of the City of Calimesa to Approve the Final Engineer’s Report for Landscaping and Lighting Maintenance District No. 91-1 for fiscal Year 2023/2024.

DISCUSSION: On June 19, 2023, the City Council received the Annual Engineer’s Report for the City of Calimesa Landscaping and Lighting Maintenance District No. 91-1. At that time, the City Council designated the assessment engineer and approved the preliminary Engineer’s Report that outlined the District, the District’s budget and how the proposed assessments will be levied on the parcels or lots within the District.

On June 19, 2023, the City Council adopted Resolution No. 2023-30 setting the date, time and place for the public hearing. The public hearing is set for July 17, 2023 in order to receive public testimony on the Annual Engineer’s Report. There were no increases in the annual assessments. Therefore, according to the provisions of the California Streets and Highways Code and Proposition 218, a notice of hearing and ballots were not required.

The assessment methodology uses single-family parcels as the basic unit for calculation of the benefit assessment. Parcels zoned for single-family residential uses are assessed 1.0 EDU (Equivalent Dwelling Unit). Other uses, such as multi-family residential, commercial, and other uses are assigned assessments based on methodology that assigns an EDU amount to each parcel based on the zoning of that parcel. The basic assessment for a single-family residence is $21.50. Approximately 3,710 parcels will be assessed. The total annual assessment for the City of Calimesa Landscaping and Lighting District No. 91-1 is $109,062.74.

FISCAL IMPACT: All costs to the City attributable to the operation of the District are reimbursable from the proceeds of the District.

ATTACHMENTS:

Attachment A: Resolution No. 2023-42
Attachment B: Final Annual Engineer’s Report for LLMD No. 91-1.

RESOLUTION NO. 2023-42

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA, CALIFORNIA, APPROVING THE FINAL ANNUAL
ENGINEER’S REPORT FOR THE CITY OF CALIMESA CITYWIDE
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 91-
1, AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN
SUCH DISTRICT FOR FISCAL YEAR 2023/2024 AND CONFIRMING

DIAGRAMS AND ASSESSMENTS PURSUANT TO THE
PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA

STREETS AND HIGHWAYS CODE AND AS PROVIDED BY

ARTICLE XIII OF THE CALIFORNIA CONSTITUTION
WHEREAS, the City Council by its Resolution No. 2023-30 initiated proceedings, declared its intention to levy annual assessments for the City of Calimesa Landscaping and Lighting Maintenance District No. 91-1, ("District"); and to levy and collect assessments against lots and parcels of land within such District pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (“Act”); to pay for the costs and expenses of operating, maintaining and servicing of the improvements described in Section 4 located within public places within the boundaries of the District; and
WHEREAS, the City has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council, a report in connection with the annual levy of assessments against lots and parcels of land within the District, entitled “Calimesa Citywide Landscaping and Lighting Maintenance District No. 91-1, Engineer’s Annual Levy Report” (“Report”); and the City Council, did by previous resolution, approve the Report; and
WHEREAS, the City Council desires to form the District and levy and collect assessments against lots and parcels of land within the District for the fiscal year commencing July 1, 2023 and ending June 30, 2024; to pay for the costs and expenses of operating and maintaining landscaping, lighting, and appurtenant facilities located within public places within the boundaries of the District; and WHEREAS, a mailed ballot election in connection with the levy of assessments within the District was not required in accordance with Article XIII D of the California Constitution.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:

Section 1. Following notice duly given, the City Council has held a full and fair public hearing regarding its Resolution No. 2023-42 the Report prepared in connection with the District and the levy and collection of assessments, and considered all oral and written statements, protests and communications made or filed by interested persons.

Section 2. The City Council hereby finds that a majority protest does not exist as defined in Section 4(e) of Article XIII D of the California Constitution with respect to the District. All oral and written protests and objections to the annual levy of assessments for

Attachment 16A
this District and the proposed collection of assessments are hereby overruled by the City Council.

Section 3. Based upon its review of the Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, and other reports and information, the City Council hereby finds and determines with respect to the District included in the Report, that:
(i) the land within the District will be specially benefited by the operation, maintenance and servicing of the improvements briefly described as follows: the installation, construction, or maintenance of any authorized improvements allowed under the Act, including, but not limited to, landscaping and lighting improvements, and any facilities which are appurtenant to any of the aforementioned of which are necessary or convenient for the maintenance or servicing thereof; and (ii) the District includes all lands so specially benefited; and (iii) the net amount to be assessed upon the lots and parcels within the District in accordance with the assessment for the fiscal year commencing July 1, 2023 and ending June 30, 2024 is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each lot or parcel from the improvements; and
(iv) only special benefits are assessed, and no assessment is imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.

Section 4. The City Council hereby orders the proposed improvements to be made as set forth in the Report. The improvements are briefly described as follows: the maintenance and servicing of trees, shrubs, grass, irrigation systems, hardscapes, trails, recreational facilities, street lighting, and traffic signals located in public places within the boundaries of the District. Maintenance and servicing expenses are the costs of rent, repair, replacement, rehabilitation, fuel, power, electrical current, water, care and supervision necessary to properly operate and maintain a public improvement.

Section 5. The City Council hereby confirms the diagrams and assessments set forth in the Report. The maintenance, operation and servicing of the landscaping, lighting, and appurtenant facilities shall be performed pursuant to law. Commencing with fiscal year 2022/2023, the County Auditor of Riverside County shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment, and such assessments shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the assessment after deduction of any compensation due the County for collection shall be paid to the City Treasurer. For fiscal year 2023/2024, the City’s representative is hereby authorized and directed to collect such assessments.

Section 6. The assessments are in compliance with the provisions of the Act and Article XIII D of the California Constitution, and the City Council has complied with all

laws pertaining to the levy of annual assessments pursuant to the Act and Article XIII D of the California Constitution.

Section 7. The assessments are levied for the purpose of paying the costs and expenses of the improvements described in Section 4, above, for fiscal year 2023/2024.

Section 8. The City Treasurer shall deposit all money representing assessments collected for the Districts to the credit of a special fund known as "Improvement Fund, City of Calimesa Citywide Landscaping and Lighting Maintenance District No 91-1.

All monies shall be expended only for the maintenance, operation, and servicing of the landscaping and lighting improvements, and appurtenant facilities as described in Section 4.

Section 9. The adoption of this resolution constitutes the levy of assessments for the fiscal year commencing July 1, 2023 and ending June 30, 2024.

Section 10. A certified copy of the diagrams and assessments shall be filed in the office of the City Clerk and shall be open for public inspection.

PASSED, APPROVED, AND ADOPTED this 17
th day of July 2023.
______________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
____________________________________________

DARLENE GERDES, CITY CLERK

CITY OF CALIMESA

COMBINED ANNUAL
ENGINEER’S LEVY REPORT

CALIMESA CITYWIDE

LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT NO. 91-1
FISCAL YEAR 2023/2024
INTENT MEETING: June 19, 2023
PUBLIC HEARING: July 17, 2023

Attachment 16B

COMBINED ANNUAL

ENGINEER'S LEVY REPORT AFFIDAVIT

CITYWIDE LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT NO. 91-1
ANNUAL ENGINEER’S LEVY REPORT
FISCAL YEAR 2023/2024
Bill Davis
Mayor
Wendy Hewitt
Mayor Pro Tem
Jeff Cervantez
John Manly
Linda Molina
Council Members
Will Kolbow
City Manager
Darlene Gerdes
City Clerk
Margaret Monson
Director of Public Works
Kelly Lucia
Planning Director
Celeste Reid
Finance Director
Michael Thornton
City Engineer

COMBINED ANNUAL ENGINEER’S LEVY REPORT

TABLE OF CONTENTS
Page
I. OVERVIEW 1
A. Introduction 1
B. Historical Background 1
C. General Description of the District 3
II. PLANS AND SPECIFICATIONS 3
A. Description of District Improvements and Service 3
III. INFLATIONARY FACTOR 5
IV. ASSESSMENT DIAGRAM 5
V. METHOD OF APPORTIONMENT 6
A. Methodology 6
B. Benefit Analysis 7
C. Assessment Methodology 8
D. Categories of Benefit 11
E. Benefit Zones 12
F. Preliminary Assessment Rates 12
VI. DISTRICT BUDGET 14
VII. CERTIFICATIONS 16
APPENDIX A – DISTRICT ASSESSMENT DIAGRAM
APPENDIX B – ASSESSMENT ROLL

Calimesa Citywide Landscaping and Lighting Maintenance District No. 91-1 Combined Annual Engineer’s Levy Report
Fiscal Year 2023/2024

I. OVERVIEW
A. Introduction
The City of Calimesa (“City”) annually levies and collects special assessments in order to provide for the annual maintenance and servicing of improvements including but not limited to landscaping, public street lighting, and open space within the Calimesa Citywide Landscaping and Lighting Maintenance Assessment District No. 91-1 (“District”).

Reference to the District includes benefit Zones A and B (“Zones”) and also includes Annexations to the Zones (“Annexations”). This Combined Annual Engineer’s Levy Report (“Report”) is prepared in compliance with the requirements of and pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“Act”) and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (“Article XIIID”), which sets forth the provisions of Proposition 218.

Unless otherwise described, for the purposes of this report, any reference to the “District” includes Zones A and B and Annexations formed to date.

The Act provides for the annual levy of assessments for the District for the express purpose of installing, maintaining, and servicing landscaping, public street lighting, and open space.

This Report describes the District, any changes to the District, and the proposed assessments to be levied for fiscal year 2023/2024. The proposed assessments are based on the estimated cost to maintain the improvements that provide a special benefit to properties within the District. The District budget identifies the estimated expenditures, deficits, surpluses, revenues, and fund balances used to calculate the annual assessment for properties within the District. Each parcel within the District is assessed proportionately for those improvements provided by the District from which the parcel receives special benefit.

Following consideration of public comments at a public hearing, the City Council (“Council”) will review the Report and may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the assessments, the Council may order the levy and collection of assessments for fiscal year 2023/2024 pursuant to the Act and as outlined in the approved Report. In such case, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll for each parcel in fiscal year 2023/2024.

The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the Riverside County Assessor’s Office. The Riverside County Auditor/Controller uses APNs and specific Fund Numbers to identify on the tax roll properties assessed for special district benefit assessments.

B. Historical Background
The Council approved the original formation of the Citywide Landscaping and Lighting Maintenance District No. 91-1, on July 8, 1991 by Resolution No. 91-33. The District boundaries coincide with the City boundaries of the City of Calimesa.

Calimesa Citywide Landscaping and Lighting Maintenance District No. 91-1 Combined Annual Engineer’s Levy Report
Fiscal Year 2023/2024

Commencing with fiscal year 1996/1997, and in light of the new requirements imposed by Proposition 218, the City designated the original District and the assessments within this District as special benefit Zone “A”. Landscaping, street lighting, and traffic signal improvements located throughout the City but not specific to any particular development would have their maintenance funded by assessments levied within Zone “A”.

Assessments within Zone “A” do not have a cost-of-living adjustment factor applied to them.

Subsequent new residential and non-residential developments established after fiscal year 1996/1997 were conditioned as part of their approval process to annex into the existing District. As a result, special benefit Zone “B” was established. Zone “B” is further divided into subzones or annexations. The purpose of Zone “B” is to fund the on-going operation, maintenance and servicing of landscaping, street lighting, and traffic signal improvements specifically associated with and located within these new developments. The landscaping, street light, and traffic signal improvements to be maintained within these new developments are considered to be of special benefit to these developments.

These annexations to Zone “B” including the assessments, assessment methodology and cost of living factor (inflationary factor) were approved by a property owner vote in accordance with Proposition 218. The subzones or annexations are hereinafter referred to as Annexations B-1, B-2, B-3, B-4, B-5, B-6, and B-7C.

At the time the original District (Zone “A”) was formed, the following were the improvements to be maintained:
• Landscaping within public places as defined by the Act, Section 22535, including any public street, highway, road, alley, lane, boulevard, parkway, or other way dedicated to or used for public use.; and
• Parks and recreational improvements including the Norton Younglove Multipurpose and Senior Center located within the District boundaries; and • Public lighting facilities as defined by the Act, Section 22525, including but not limited to traffic signals.

Because of the requirements imposed on the levying of assessments to fund certain types of improvements and services by the passage of Proposition 218 in November 1996, the City proposed that the revenues derived from the District would be used solely for the operation, maintenance and servicing of public landscaping, street lighting, traffic signals, and appurtenant facilities within the District. Park and recreational facilities maintenance services that had previously been funded in whole or in part by the District would no longer be maintained using District funds.

Any new or increased assessments or changes to the method of apportionment within Zone “A” or Zone “B” will be subject to the substantive and procedural requirements of Article XIIID Section 4, including a mailed property owner notice and protest ballot proceeding.

In addition to the landscaping, street lighting, and traffic signal improvements assessed within Zone “B”, Annexation B-5 is also assessed for open space maintenance directly associated with Tracts 26925, 30386, 30386-1 and 30386-2. Open space maintenance is exclusive to Tracts 26925, 30386, 30386-1 and 30386-2 (Annexation B-5). The

Calimesa Citywide Landscaping and Lighting Maintenance District No. 91-1 Combined Annual Engineer’s Levy Report
Fiscal Year 2023/2024

maintenance responsibilities for this open space are shared between the City and the Tracts’ homeowners association with the HOA covering the portion that would be considered as general benefit to the Annexation.

C. General Description of the District
The District, including Zones “A” and “B”, consists of single-family residential parcels, multi-family residential parcels, mobile home park parcels, commercial/industrial parcels, agricultural land, vacant residential parcels, vacant commercial/industrial parcels, and exempt parcels. The purpose of the District is to ensure the ongoing maintenance and servicing of landscaping, street lighting, traffic signals, open space, and appurtenant facilities. This District provides the financial mechanism (annual assessments) by which the ongoing maintenance and servicing of these improvements is funded.

Since sixteen (16) parcels within the area known as County Lane 1A, Tract 25999-1, eighteen (18) parcels within the area known as Barnes Court and Ward Lane, Tract 27733, nine (9) parcels within the area known as Country Place, Tract 25584, and fifteen (15) parcels within the area known as Vista Lane, Tract 25999 were not incorporated into the L&LMD prior to voter approved Proposition 218, Annexations B-1, B-2, B-3, and B-4 parcels are assessed with Zone A and are not included herein.

On April 2, 2007 Tracts 26925, 30386, 30386-1 and 30386-2 were annexed into Zone “B” as Annexation B-5. Assessments were approved by a property owner vote.

Subsequently, the project established a maintenance CFD that generates revenues for landscaping and streetlighting. In November of 2013, Annexation B-5 was de-annexed from the LLMD service area.

On October 20, 2008, Tentative Tract Map 33396, consisting of two parcels proposed to be subdivided into thirty-seven (37) single family residential parcels, was annexed into Zone “B” as Annexation B-6. Assessments were approved by a property owner vote.

However, the final map was never recorded and ultimately expired. Therefore, no assessments are applicable.

On November 17, 2008 a new commercial development known as “The Shoppes at Calimesa” was annexed into Zone “B” as Annexation B-7C. Assessments were approved by a property owner vote.

Individual Annexation reports are on file at the City with the City Clerk.

II. PLANS AND SPECIFICATIONS
A. Description of District Improvements and Services
The District provides the ongoing maintenance, operation and servicing of the landscaping, street lighting, traffic signal, and open space improvements within the District boundaries. These improvements may include, but are not limited to, materials, equipment, utilities, labor, and appurtenant facilities related to the improvements. The improvements generally include the following:

Landscape Improvements

Calimesa Citywide Landscaping and Lighting Maintenance District No. 91-1 Combined Annual Engineer’s Levy Report
Fiscal Year 2023/2024