Tim Jonasson, PE I Principal-in-Charge
A long-time Coachella Valley resident, Tim currently serves almost every city in the Coachella Valley as either a Principal-in-Charge or Project Manager for HR Green . He has 33 years of land development coordination, plan review, design, CIP program management, design management, NPDES/water quality compliance, and construction management experience of municipal public improvement projects. He has served as construction manager and design engineer on a variety of municipal improvement projects.
RELATED PROJECT EXPERIENCE
Z Land Development Engineering, Plan Review, and CIP Program Management, City of Cathedral City. City Program Manager for all capital projects, overseeing the programming and design of a variety of capital projects including traffic signal, ADA, parks and street improvement projects. Coordinate on-site land development engineering staff augmentation for entitlement review and permit processing of private development projects, including developing plan review check lists, preparing conditions of development for both entitlement and permitting of private development projects, and plan review services. Worked closely with the city staff on plan review, estimating, contract administration and construction administration on capital projects to develop project management skills. Assisted Public Works Director on staffing levels and organizational structure to improve departmental operations.
Z Development Coordination and Municipal Engineering, City of La Quinta. Public Works Director/City Engineer for 15 years. Tim oversaw engineering, planning, and building and safety including entitlement, plan review, and encroachment permit process for the City.
Tim led two department reorganizations of Public Works as well as was part of a team who performed a city-wide reorganization of all departments associated with development services into the Design and Development Department. This reorganization facilitated collaboration between Planning, Building and Engineering and included creating a one stop permit center with permit tracking software to streamline permitting, improve customer service and overall transparency of development services operations.
Z Municipal Engineering and Development Review, City of Palm Desert. Since April 2022, Tim has been overseeing land development engineering support for the development services department coordinating review of higher profile private development projects with the City’s public works and building departments. Prior to that served as Interim Public Works Director who managed the day-to-day departmental operations. This included the planning, design, and construction of CIP and land development projects. Tim oversaw the development of the 2018-2023 five year CIP including recommending funding for priority projects. He also led the discussion with the department heads and City Council for capital projects as part of the City’s budget adoption in 2018.
Z Development Services, City of Jurupa Valley. In 2019, as a Senior Manager for Development Services and Economic Development, Tim assessed the development services operational efficiency between the Planning, Building, and Public Works/Engineering Departments. This led to the creation of the Design Review Committee composed of staff from all departments involved in development services who meet weekly to streamline development review and ensure key development projects are kept on schedule through the entitlement and permitting process. Tim also oversaw the selection and implementation of its first permit tracking software, Accela, in just over a year, improving development processing and increasing transparency to the development community.
Z City Engineering and Development Services, City of Palos Verdes Estates. As City Engineer, Tim was responsible for development review (building and civil plan review and inspection) and managing all capital improvement projects, including all pavement rehabilitation projects and the overall Pavement Management Program.
EXPERIENCE
33 Years
EDUCATION
MBA
BS, Civil Engineering
REGISTRATION /
LICENSE
Registered Civil Engineer,
CA #45843
Building and Safety Plan Check and Inspection | City of Cathedral City
EXPERIENCE
50+ Years
EDUCATION
Master, Public
Administration
BS, Civil Engineering
REGISTRATION
Registered Civil Engineer,
CA #43273
George Wentz, PE I Vice President and QA/QC Manager
A long-time Coachella Valley resident , George brings 50+ years of municipal management experience. George currently is a Vice President for HR Green and supports our engineering, management and building and code-related services. He has overseen the provision of a wide array of building plan review, grading plan review, and inspection services to more than 20 cities and various counties throughout Southern California .
George has directed and administered projects which range from on-call support to full city contract services. His responsibilities have ranged from accountability for day-to-day completion of activities associated with a contract to Principal-in-Charge of particular projects. His managerial experience and high level of success is well documented and recognized by the cities he has served. He is recognized in the field as having a unique talent in working well with City Councils, boards, commissions, committees, ad-hoc groups, managers, department heads and staff to achieve desired agency results. He has focused on the master planning and implementation of high-profile projects, revenue- producing developments, golf courses, and mixed-use resort communities.
Moreover, George has served as a development manager, responsible for identifying specialty designers, contractors, and operators; preparing and maintaining documentation; incorporating applicable procedures and standards into design and construction documentation; coordinating closely with agency, developer, city departmental staff, approving agency, and community stakeholders; facilitating community outreach; and coordinating project management, estimating, constructibility, and scheduling efforts.
RELATED PROJECT EXPERIENCE
Z Principal-in-Charge, On-Call Building Plan Review and Inspection, Southern California Municipalities throughout Riverside, San Bernardino, Orange, San Diego, and Los Angeles Counties
Principal-in-Charge for the delivery of building plan review, civil plan review, inspection, staff augmentation, contract City Engineer/Public Works Director, and engineering support to deliver the planning, design, and construction of CIP project/programs and land developments. Agencies he has served include, but are not limited to the cities of La Quinta, Palm Desert, Indio, Coachella, Desert Hot Springs, Rancho Mirage, Indian Wells, Chino Hills, Moreno Valley, San Bernardino, Hesperia, Victorville, Ontario, Upland, Anaheim, Placentia, Diamond Bar, Laguna Hills, Irvine, Mission Viejo, Yorba Linda, Palos Verdes Estates, Rolling Hills Estates, Rolling Hills, Hemet, Lake Elsinore, Jurupa Valley, Anaheim, Orange, and the Counties of Riverside, Los Angeles, San Diego, and Orange.
Building and Safety Plan Check and Inspection | City of Cathedral City
Beth Jay, ICC-Certified
Building Plan Review Task Lead
Beth has 20+ years of diverse ADA compliance, architectural and building safety experience on a wide variety of projects. She brings architectural, energy, NPDES, green building code, non-structural, accessibility, mechanical, electrical, plumbing, fire, fire alarm, smoke system, and life-safety plan review experience of residential, commercial, and industrial facilities. Beth has been involved in the plan review, coordination, tracking and routing of project plans and supports our engineering plan check contracts in the performance of ADA compliance for ramps, curbs, sidewalks, and the public right-of-way as well as buildings/structures . She has worked on historic preservation projects, as well as seismic retrofits on existing structures. Beth oversees the best practice implementation of building plan reviews for our clients. She focuses extensively on work processes to streamline the intake and reporting of plan review status reporting as well as quality reviews of plans, implemented software solutions to implement paperless Building & Safety operations for permit issuance and inspection. She works closely with agency representatives to establish best practices to most effectively coordinate with public agencies, applicants, and other stakeholders.
RELATED PROJECT EXPERIENCE
Z On-Call Building Plan Review, City of La Quinta
Z On-Call Building Plan Review, City of Palm Desert
Z On-Call Building Plan Review, Cities of Hemet, Moreno Valley, Palos Verdes Estates, and Jurupa Valley
EXPERIENCE
20+ Years
EDUCATION
BA, Business
Administration
CERTIFICATIONS
ICC-Certified Building
Plans Examiner
ICC-Certified Residential
Building Inspector
CAL-OES-Certified
Jose Ibarra, CBO, ICC-Certified
Inspection Task Lead
A Riverside County resident, Jose brings excellent interpersonal and operations experience to field activities and documentation associated with code compliance. He brings exceptional organizational and time management skills in the coordination of multi-task responsibilities. Jose is also very technologically savvy and proficient with various software programs. While with HR Green, Jose has served as the CBO for the cities of Hemet and Jurupa Valley.
CERTIFICATIONS
Zoning Inspector l Residential Building Inspector l Property Maintenance and Housing Inspector l ICC/AACE Code Enforcement Administrator l California Residential Building Inspector - Residential Mechanical Inspector l ICC/AACE Code Enforcement Officer l Residential Plumbing Inspector l California Residential Plumbing Inspector l California Residential Mechanical Inspector l Accessibility Inspector/Plans Examiner l Residential Electrical Inspector l Residential Combination Inspector l Residential Plans Examiner l California Residential Electrical Inspector l California Residential Combination Inspector l Commercial Building Inspector l Building Inspector l Building Plans Examiner l Legal l Management Module l California Building Plans Examiner l California Commercial Building Inspector l Certified Building Official l Building Code Specialist l Housing and Zoning Code Specialist l ICC-Certified Building Official l Certified in Peace Officer Standard and Training, PC 832
EXPERIENCE
10 Years
EDUCATION
BS, Urban and Regional
Planning
REGISTRATION /
LICENSE
ICC-Certified Chief
Building Officer
CAL-OES-Certified
Building and Safety Plan Check and Inspection | City of Cathedral City
Tina York, PE
GRADING—Plan Review Task Lead
Tina has 38 years of experience focusing on civil plan review, project management, civil engineering, site grading and drainage design, and review of hydrology and hydraulics studies. She has also performed construction inspection for municipalities. Having overseen plan review services for 40+ agencies, she has customized plan review reports and tracking logs, checklists, and budgetary worksheets for tracking project costs. Tina has also managed a web-based plan check tracking system to give agency staff 24/7 project status and implemented electronic plan checking to enhance communication, reduce review times, and save money. She is proficient with many software applications, including: Accela, LMS, NewForma, Blubeam Revu, TRAKiT, Adobe, and e-PlanSoft.
RELATED PROJECT EXPERIENCE
Z Grading/Civil Plan Review, City of La Quinta
Z Grading/Civil Plan Review, City of Palm Desert
Z Grading/Civil Plan Review, City of Rancho Mirage
Z Grading/Civil Plan Review, City of Desert Hot Springs Z Grading/Civil Plan Review, City of Cathedral City
Z Plan and Map Review, Various Cities/Agencies in Riverside, San Diego, Orange, San Bernardino, and Los Angeles Counties
Z Plan and Map Review, City of Jurupa Valley, Moreno Valley, Hesperia, Victorville, Pomona, Chino Hills, Corona, Lake Elsinore, Placentia, Lancaster, Laguna Hills
EXPERIENCE
38 Years
EDUCATION
BS, Civil Engineering
REGISTRATION /
LICENSE
Registered Civil Engineer,
CA #46367
Sandra Schmitz, PE, ICC-Certified
BUILDING—Plan Review
Sandra brings 10+ years of building/structural plan review, design, and counter support for multiple cities throughout Southern California. She is also proficient in the coordination of historic preservation properties and working with various permitting/plan review systems and inventory databases. Apart from being a registered civil engineer, Sandra is also an ICC-certified Building Plans Examiner.
RELATED PROJECT EXPERIENCE
Z Building and Structural Plan Review, City of La Quinta Z Building and Structural Plan Review, City of Palm Desert Z Building and Structural Plan Review, City of Jurupa Valley Z Building and Structural Plan Review, City of Laguna Hills Z Structural Plan Review, (Wireless Telecommunications Facilities), City of Beverly Hills
Z Building and Structural Plan Review, City of Palos Verdes Estates Z Historic Preservation, City of Pomona
Z Structural Design, Various Southern California cities Z Structural Plan Review, City of Aurora, CO
EXPERIENCE
10+ Years
EDUCATION
MA, History
BS, Architecture
REGISTRATION /
LICENSE
Registered Civil Engineer,
CA #83448
CERTIFICATIONS
ICC-Certified Plans
Examiner
Building and Safety Plan Check and Inspection | City of Cathedral City
EXPERIENCE
30+ Years
EDUCATION
MS, AAS
CERTIFICATIONS
Ken Welch, CFM, CBO, MCP, Level 1 NCET
BUILDING—Plan Review
Ken joined HR Green in 2015 as a Building Code Enforcement Official and has more than 30 years in the construction field as a carpenter and electrician, and 20 years of experience in inspections, code enforcement and plan review in local government. He has performed inspections and code enforcement for numerous communities around the country. He focuses on providing plan review using electronic review/digital commenting platforms for complex building projects processed through various public agencies. Ken has also served as a Building/Electrical/Mechanical/Property/Fire Inspector, responsible for building inspections, combination plan reviews, zoning ordinances, property maintenance, and code enforcement.
SELECTED EXPERIENCE
Z Sendero Retail Phase I, Orange County
Z Building Plan Review and Inspection Services, Auburn University, Alabama Z Building Plan Review and Inspection Services, City of Des Plaines, IL ▪ Master Code Professional, #5169326MCP
▪ Level 1 NICET
▪ Chief Building Official
▪ Building Code Plan Reviewer
▪ International Residential and International Commercial Plan Review
▪ Energy Conservation Code Inspector Fire Code Plan
Reviewer & Inspector
▪ ISBE Qualified Plans Inspector - Building/Electrical/ Mechanical/Energy
▪ ISBE Qualified Plans Examiner - Building/Electrical/
Mechanical
▪ NIMS Certification
EXPERIENCE
26+
EDUCATION
AS, Construction
Inspection
CERTIFICATIONS
Certified Res/Comm
Building Inspector
Certified Building Official
Certified Plans, Electrical,
Plumbing & Mechanical
Examiner Inspector
Jim Waters, CBO, ICC-Certified
BUILDING—Plan Review / Inspection
As a seasoned Senior Building Inspector with more than 26 years of experience, Jim brings a wealth of expertise and a distinguished list of certifications to the table. Holding the titles of Certified Building Official, Certified Plans Examiner, and Certified Residential & Commercial Building, Electrical, Plumbing, and Mechanical Inspector, Jim is a trusted authority in the field. He did construction evaluations for future projects and also reviewed and inspected municipal buildings for construction defect, code compliance, and remodel possibilities.
SELECTED PROJECT EXPERIENCE
Z Sr. Plans Examiner, City of San Clemente
Z Building Inspection Manager, City of Jurupa Valley, CA Z Inspection Manager, City of Rancho Cucamonga, CA
Z CIP Project Manager and Building Inspector, Town of Camp Verde, AZ Building and Safety Plan Check and Inspection | City of Cathedral City
Linda Nguyen, ICC-Certified
Permit Technician
Having successfully deployed and utilized EnerGov, Linda brings more than 18 years of experience working in local government and professional offices. She has interfaced at all levels with residents, general public, contractors, design professionals, and members of other local government. Linda has provided various permit and front desk services, including calculation and verification of valuation, issuing permits for commercial, residential, and accessory structures, maintaining permit records, and preparing reports for community development directors. She has also tracked plan check applications from submission through approval using EnerGov and routed plan checks via electronic plan review through Bluebeam Studio.
RELATED PROJECT EXPERIENCE
Z Permit Processing, City of Jurupa Valley
Z Building and Safety, City of Palos Verdes Estates
Z Permit Technician, City of Laguna Hills
Z On-Call Development Services, City of Huntington Beach Z Front Desk and Counter Assistance, City of Laguna Hills
EXPERIENCE
18 Years
CERTIFICATION
ICC Permit Technician
TRAINING
ICC Photovoltaic Plan
Review
CALBO/ICC Residential
Additions Plan Review
Robert Stauffacher, ICC-Certified
Permit Technician
Robert has more than 32 years of experience managing personnel, deadlines and workloads, including more than three years of experience as a building permit technician for the City of San Juan Capistrano. He has provided technical customer support to the public, contractors, and licensed professionals, which included receiving and reviewing plans to ensure compliance with city ordinances and State building codes. Robert has been responsible for computing and assessing fees, providing building code, city ordinance, and county requirements/regulations to customers and staff. He has maintained various required tracking logs and systems, updated databases, and processed documents for retention. In addition, Robert has provided research related to permits during submission and historical/ previously issued permits as required by the public or members of the city staff. He managed the City of San Juan Capistrano’s Construction and Demolition Program, including the intake of documentation and fees, processing forfeitures and refunds, and maintained associated records. Robert also has experience with the EnerGov system.
RELATED PROJECT EXPERIENCE
Z Permit Processing, City of Hemet
Z Building Permit Technician, City of San Juan Capistrano Z City Managers Department, City of San Juan Capistrano Z Remote Permit Processing, El Paso County, Colorado
EXPERIENCE
32 Years
EDUCATION
MS, Homeland Security
BS, Business Management
CERTIFICATIONS
ICC Permit Technician
Building and Safety Plan Check and Inspection | City of Cathedral City
Eric Muse, ICC-Certified
BUILDING - Inspection
Eric has 30+ years of construction experience working through various construction trades, such as carpentry and framing, as well as building inspection for various municipalities. Prior to joining HR Green, Eric served as a general contractor for residential and commercial properties, providing high-end millwork and framing for new homes and remodels. He has also served as a Construction Superintendent on various projects and as Project Manager on pilot projects for TLC and HGTV cable shows.
Current and past projects include building inspection for the cities of Palos Verdes Estates, Laguna Hills, Jurupa Valley, and the County of Orange.
RELATED PROJECT EXPERIENCE
Z Building Inspection, City of Jurupa Valley
Z Building Inspection, City of Palos Verdes Estates
Z Building Plan Review and Inspection, City of Laguna Hills Z Building Inspection, County of Orange
EXPERIENCE
30+ Years
EDUCATION
CA CBO Training Institute:
Plan Check/Plan Review
International Code Council
Construction/Contractor
Coursework
CERTIFICATIONS
ICC-Certified Residential
Building Inspector
William Janowski, ICC-Certified
BUILDING - Inspection
William has more than 16 years of experience as a combination building inspector for a large metropolitan city, and more than 10 years of information technology and construction field engineering project management. He was the lead engineer on the Byron, IL nuclear station auxiliary building pipe support design and field installation effort, and established procedures to track tasks and transmit all field information to design offices. He successfully managed more than 50 information technology projects, providing more than $10 million in revenue in a four-year period. William was also awarded Boeing’s highest honor, the Spirit of Excellence, as a member of the team that developed a new process to sell aircraft surplus parts.
RELATED PROJECT EXPERIENCE
Z Building Inspection, City of Palos Verdes Estates
Z Building Inspection, City of Anaheim
Z Field Engineer/Estimator/Contract Administrator, Morrison-Knudsen Company, Irvine
Z Senior Engineer, Westinghouse Electric Corporation, Pittsburgh, PA
EXPERIENCE
16 Years
EDUCATION
MBA, Finance
BS, Civil Engineering
BS, Computer Science
REGISTRATION /
LICENSE
ICC-Certified Residential
Combination Inspector
ICC-Certified Commercial
Combination Inspector
Building and Safety Plan Check and Inspection | City of Cathedral City
James Xiong, PE
GRADING—Plan Review
James brings 30+ years of project management, design, plan review, hydrology, hydraulics, water quality, transportation engineering, office engineering, and construction management experience related to public works, infrastructure, drainage, rail facilities, bridge, highway, and utilities projects. He has handled engineering plan review for nearly 20 agencies. Also, for nearly two years he served on-site as a Project Engineer at SANDAG for CIP projects and a few years at the County of San Diego and Jurupa Valley for plan check services.
RELATED PROJECT EXPERIENCE
Z Civil and Grading Plan Review, Cities of La Quinta, Indio, Jurupa Valley, Corona, Moreno Valley, Upland, Hemet, Diamond Bar, Victorville, Palos Verdes Estates, Hesperia, Carlsbad, and Escondido
Z Civil and Grading Plan Review, Riverside County Transportation Department, County of Orange, and County of San Diego
Z Civil and Grading Plan Review, Elsinore Valley Municipal Water District Z Civil/Grading Plan Review and Map Review, City of Chino Hills
EXPERIENCE
30+ Years
EDUCATION
MS, Transportation
Engineering
BS, Civil Engineering
REGISTRATION /
LICENSE
Registered Civil Engineer,
CA #67998
Miranda Martin
GRADING—Plan Review
Miranda has 22 years experience managing construction projects and scheduling, and has been responsible for communications with the clients She has prepared and negotiated joint venture agreements with private parties and communicated regularly with assigned principals and office managers relative to project status and performance. Miranda has an emphasis of civil engineering experience and knowledge including construction review and administration. She collaborates with engineers, architects, contractors and all team staff, to determine the specifications of the project. In addition, Miranda has been responsible for obtaining permits and licenses from appropriate authorities, determining resource needs, including personnel assignments, equipment and materials with attention to budget. She has planned all construction operations and scheduled intermediate phases to ensure deadlines, and acquired equipment and material and monitor stocks to timely handle inadequacies. Miranda has experience working with AutoDesk Land Desktop Suite Civil 3D 2016, AES, GIS, GeoMedia, Project and Access, Adobe Acrobat Professional, and Primavera.
RELATED PROJECT EXPERIENCE
Z Civil and Grading Plan Review, City of La Quinta
Z Civil and Grading Plan Review, City of Diamond Bar
Z Civil and Grading Plan Review, City of Jurupa Valley
Z Civil and Grading Plan Review, Cities of Eastvale, Moreno Valley, and Upland
EXPERIENCE
22 Years
EDUCATION
BS, Civil Engineering
Building and Safety Plan Check and Inspection | City of Cathedral City
Behrouz “BJ” Azarvand, CASp (Subcontractor)
BUILDING—Plan Review
HR Green has a long-established relationship with Behrouz and he has worked with us on numerous projects requiring CASp services. Behrouz has 30 years of hands-on building and safety expertise, including serving as Building Official, plan reviewer, building inspector, and managing permit counter activities for Southern California cities. He has conducted numerous code and process-related training sessions and seminars. Moreover, he is very proficient in the electronic plan check process. Behrouz has served as a Building Official where he planned, managed, and monitored the activities of the Building Division, including participating in new staff selection, training for all division staff members, and the development of policies and procedures. In addition, Behrouz has experience providing counter service to public customers, explaining the interpretation of codes; expediting reviews; facilitating educational and public outreach workshops and materials for in-house staff and developers, engineers, architects, and other applicants; and serving as a facilitating bridge between Building and Safety, Public Works, and Planning Departments to efficiently shepherd projects through the approval process.
RELATED PROJECT EXPERIENCE
Z CASp Compliance, City of Palm Desert
Z Building and Safety, City of Jurupa Valley
Z Building Official and Plan Check Supervisor, City of Tustin Z Building and Safety, County of Orange
Z Building and Safety / Planning, City of Irvine
EXPERIENCE
20+ Years
EDUCATION
BS, Architecture
CERTIFICATIONS
ICC-Certified, Building
Plans Examiner
CASp-Certified (CASp-
313)
HR Green’s as needed Subconsultant - NV5
In an effort to meet any peak, or unusual workflow demands in the City during the course of this contract, HR Green will work with our subconsultant, NV5 on an as-needed basis. We have a long-standing and successful working relationship on various plan check and consulting engineering projects.
NV5, Inc. has been providing engineering and consulting services to public and private sectors for more than 70 years, delivering solutions through six business verticals: Testing, Inspection and Consulting; Infrastructure; Utility Services; Environmental Health Sciences; Buildings and Program Management; and Geospatial Technology.
NV5 has a long-established track record of providing as-needed professional consultant services for municipal agencies throughout Southern California. Their team has provided Plan Check Services (civil and/or building and safety) to dozens of municipalities throughout the area, including for the cities of El Monte, Pico Rivera, Compton, Villa Park, La Habra Heights, Dana Point, Seal Beach, Ventura, Moreno Valley, Costa Mesa, Desert Hot Springs, Beaumont, San Diego, Imperial Beach, National City, Escondido, Carlsbad, Encinitas, the Counties of San Bernardino, Imperial, Riverside, and San Diego.
Plan Review - NV5 staff reviews plans and relevant documents for compliance with the adopted Building Codes as well as any other pertinent Federal, State, County, or City regulations. A detailed list of deficiencies needing correction identifying code sections is created and distributed to the design team and the City. NV5’s team works hand-in-hand with permit applicants and designers to review plans quickly, remedy issues effectively, and recommend approval upon substantial compliance with applicable standards.
Building Inspection - NV5 possesses high-quality, ICC-certified inspectors who understand the need to complete projects that comply with industry standards and regulations while conforming to approved designs in a safe and effective manner.
Resumes for their key staff are provided beginning on the next Page.
Building and Safety Plan Check and Inspection | City of Cathedral City
EXPERIENCE
20+ Years
EDUCATION
BS, Civil Engineering
REGISTRATION /
LICENSE
Registered Civil Engineer,
CA #C56757
Structural Engineer, CA
#S4617
Eric Rodriguez, PE, SE (NV5)
Building Plan Review
Eric has more than 20 years of project engineering and structural design experience. His experience encompasses a variety of projects, including power plants, schools, health care facilities, industrial, and commercial facilities. He also has conducted structural code compliance reviews of various power plant structures, non- building structures, and commercial and retail structures. His levels of involvement have included preparation and review of proposals, preparation and review of structural drawings, supporting calculations, and specifications, as well as construction support.
SELECTED PROJECT EXPERIENCE
Z Citywide Plan Check Review Services, City of Venture
Z On-Call Plan Check and Inspection Services, City of San Diego Z On-Call Plan Review and Building Inspection Services
Arsanious Hanna, PE, CBO, QSD (NV5)
Building Plan Review
Arsanious has more than 30 years of experience serving public works and building departments, including design, plan check, project management, construction management and personnel/department management from the planning and design phases through the construction phase. He has held various positions at public agencies, including five years at the City of Irwindale and 17+ years at the County of Los Angeles Public Works Department. He has managed capital improvement programs, reviewed and approved plans and managed construction of contract work for compliance with plans and specifications.
SELECTED PROJECT EXPERIENCE
Z Senior Plan Check Engineer, Los Angeles Public Works, Building & Safety Z Senior Civil Engineering Assistant, Los Angeles Public Works, Construction Z As-Needed Plan Check Services, County of San Diego
EXPERIENCE
30+ Years
EDUCATION
BS, Civil Engineering
REGISTRATION /
LICENSE
Professional Civil Engineer,
CA #70743
Land Surveyor, IL
#035-003443
Building and Safety Plan Check and Inspection | City of Cathedral City
EXPERIENCE
30+ Years
EDUCATION
MS, Civil Engineering
BS, Civil Engineering
REGISTRATION /
LICENSE
Registered Civil Engineer,
CA #42260 | Structural
Engineer, CA #3551 | DSA
Certified Access Reviewer
and Structural Reviewer
| LEED Accredited
Professional
Alan Ho, PE, SE, LEED AP (NV5)
Building Plan Review
Alan has more than 30 years of extensive experience, knowledge and work history performing plan review for structures and facilities of all sizes and complexity. He is proficient in ETABS, SAP2000, RISA 3-D, STAAD, and other programs used to design buildings and bridges. He performs exceptional review of complex structural components and projects. He provides a fair, professional analysis of code compliance and works effectively with designers to work through challenges and ultimately approve plans for construction.
SELECTED PROJECT EXPERIENCE
Z On-Call Plan Review Services, County of San Bernardino Z As-Needed Plan Review, City of San Diego
Z On-Call Plan Review and Inspection Services, City of Tracy Kyle Soldan, ICC-Certified (NV5)
Building Inspection
Kyle is an experienced Certified Building Inspector with the proven ability to work independently with others in order to serve the community by establishing a level of rapport and communications with all stakeholders in order to obtain compliance with the required codes and to move the projects along in a timely manner. As Supervising Building Inspector, he supervised approximately 35 to 40 inspectors who provided daily inspections throughout the County of Orange.
SELECTED PROJECT EXPERIENCE
Z Supervising Building Inspector, County of Orange
Z Senior Building Inspector, County of Orange
EXPERIENCE
36 Years
REGISTRATION /
LICENSE
ICC Certification, CA #
827267
Building and Safety Plan Check and Inspection | City of Cathedral City
Bruce Boyer, ICC-Certified (NV5)
Building Inspection
Bruce has more than 20 years of code compliance experience with more than 16 years of specialized experience in commercial and energy infrastructure compliance.
He has in-depth knowledge of jurisdictional compliance requirements for local agencies, including cities, counties, fire departments and planning departments, as well as multiple state and federal agencies. In addition, Bruce has extensive knowledge of wood, steel frame and concrete masonry buildings, special inspection requirements, and approved fabricator requirements, and he has the ability to work with project stakeholders to assure the successful delivery of code-compliant projects.
SELECTED PROJECT EXPERIENCE
Z Alamitos Energy Center, CA Energy Commission, City of Long Beach, Lead On- site Inspector
Z Inland Empire Energy Center, CA Energy Commission, CALPINE, Chief Site Inspector Z Manchester Pacific Gateway, Navy GAF Building, Manchester Financial Group, City of San Diego, On-site Inspector
EXPERIENCE
20 Years
EDUCATION
Building Inspection
Technology
REGISTRATION /
LICENSE
ICC Certification, CA #
5053131
Building and Safety Plan Check and Inspection | City of Cathedral City
iii) Company Skills, Abilities and Services
Experience and Qualifications
HR Green is highly qualified to meet and/or exceed your eexpectations for Building and Safety Plan Check and
Inspection services. HR Green is honored to be one of the nation’s longest operating engineering firms. Established in 1913, HR Green, Inc. is employee owned. We collaborate
across geographies and markets to provide the engineering, technical, and management solutions that connect and
shape communities and are driven by the commitment of our clients.
For more than a century, HR Green
has been dedicated to providing
the services that public agencies
need to achieve success.
Electronic Plan Review
(Civil)
Design +
Engineering
Construction
Management
Virtual City Hall
GIS + Asset
Management
Broadband +
Fiber Consulting
Land Development
Coordination
Staff
Augmentation
Program + Project
Management
Building + Safety
Electronic Plan Review and
Inspection
Comprehensive Consulting Services
700+
HR Green has 700+ employees
nationwide and 60 based in Southern
California in our offices in Palm Desert
and Corona.
Demonstrated Record
Completing Projects On-Time / Within Budget
HR Green has been nationally recognized for delivering efficient and cost-effective plan review, agency staff augmentation, and inspection services for some of the nation’s largest developments. We have reviewed plans for the nation’s 10 largest developers, leveraging electronic plan check/paperless platforms for more than 20 years, and are recognized by both municipalities and developers for creating a constructive, win-win review and approval process on time and within budget.
We have consistently maintained a 98+% turnaround
around review schedule success rate, exclusively using
paperless solutions to review, process, and inspect large single family communities and a number of multi-family, commercial, and industrial developments.
Continuous service for
more than 110 years
110
Building and Safety Plan Check and Inspection | City of Cathedral City
REFERENCES
Jason Finley
Chief Building Official
City of Palm Desert
73-510 Fred Waring Dr.
Palm Desert, CA 92260
P: 760.776.6420
E: [email protected]
Building Plan Review Services
City of Palm Desert
The City of Palm Desert is centrally located in the heart of the Coachella Valley in southeastern Riverside County; it has approximately 21 square miles with a population of 52,500, and a small in-house municipal staff. As a forward-thinking community, the City wished to implement some key initiatives and needed consultant assistance to achieve these program and project objectives.
Following a competitive procurement process to identify a consultant with the ability to deliver a breadth of services, HR Green was contracted to deliver a full range of consulting services, including building and civil plan check, a land development engineer, as well as construction management and inspection services for public works. Our services are provided both on-site and remotely. In 2021, the City issued permits for $200 million of construction valuation. The City completed 1,060 new single family homes and 192,000 square feet of commercial space was approved. In 2022, a major 18-acre development project at Desert Willow Golf Resort, just south of the existing Desert Willow Clubhouse, was approved by our HR Green Team for plan review. The development project includes a 5.5-acre surf lagoon and wave machine, surf center and associated facilities, 92 room hotel, and 83 for-sale residential units and clubhouse. Also in 2022, HR Green reviewed a 269 unit multifamily affordable housing community project for the City. We have successfully collaborated with designers, contractors, and other City departments to streamline the path to plan approval, saving the City and developers time and money through an efficient and effective process.
Other plan checks for the City include residential custom homes and duplexes, commercial tenant improvements, museum buildings and large solar reviews. All reviews are 100% electronic with a 100% success rate meeting plan review schedules. Our key to success with applicants and stakeholders has been through the use of electronic technology to streamline reviews, working cohesively with the City officials, and taking a proactive approach to problem solving for a timely turnaround to plan review.
HR Green’s commitment has allowed us to meet the City’s performance objectives for their core service needs while accelerating new initiatives, such as updating the City’s design standards and creating a broadband feasibility study and master plan.
“Our plan review team from HR Green
is top-notch! Beth (Jay) and Sandra
(Schmitz) provide comprehensive
reviews that fit our jurisdictional
needs. Responsive and quick
communications but also a valuable
resource in getting projects to permit
issuance. With their experience in
various jurisdictions, I’ve used them
as a sounding board for model code
interpretations and information. Good
people, great team!! ”
Jason Finley
Chief Building Official
iv) Previous Completed (or in-process) Projects
Building and Safety Plan Check and Inspection | City of Cathedral City
REFERENCE
Rod Butler
City Manager
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
P: 951.332.6464
E: [email protected]
On-Call Building Plan Review and Inspection Services
City of Jurupa Valley
Our proposed Project Manager for the City of Pomona, Carlos Yado, CBO, currently works as the Interim Chief Building Official for the City of Jurupa Valley .
Since 2011 City incorporation, HR Green has provided full departmental management and on-site staffing until the City hired our Building Official in 2020. Our staff managed all building and safety services (building plan review, permit counter staffing, building inspection, and code compliance). We were instrumental in helping the City’s Building Department to be awarded the 2021 CALBO Building Department of the Year award. We continue to provide comprehensive building and civil plan review and inspection services. Our plan check staff review grading, drainage, utility, water quality, structural, non-structural, energy, green, mechanical, electrical, and plumbing plans. Accessibility-certified staff reviewed facility plans and specifications for compliance with State and Federal accessibility laws, codes, and regulations; investigated facilities for compliance with State and Federal accessibility codes and regulations; and conducted accessibility research for reports and handling accessibility inspections.
We have achieved a 98% success rate meeting plan review schedules. Annually, this involves 2,100+ improvement plan sheets being reviewed, 2,200+ building plan reviews completed annually, and 150+ new planning projects reviewed. We have processed grading plans, improvement plans, architectural plans and maps for 2,000+ new residential units.
Our staff have customized plan check checklists, leveraged electronic plan check, digital commenting, and mobile apps for web-based field inspections in real time; established development review processes; and consistently hold developer workshops and pre-planning meetings to facilitate entitlement process. Moreover, we have provided daily permit counter staffing (issue >60% of permits over the counter), accomplished 15,000+ building inspections annually (100% completed on-time); issued 1,500+ building permits annually, and performed 1,500+ code enforcement inspections annually. Our efforts have reduced costs in permit processing and inspection fees to applicants by an estimated 20 – 35% due to shorter turnaround times and lower costs. We provide developers with estimated hours to complete plan checks in advance of initiating work and holding HR Green staff accountable to meet these budgets. Our team members regularly facilitate round table discussions with developers to create cognizance of current standards to help speed review times and ease approvals. “I have had the pleasure of
working with 20 HR Green
employees in my department.
These HR Green staff members
perform plan check, building
inspections, permit issuance,
management/supervision, and
code enforcement duties. This
staff is highly qualified in terms
of education, certification and
experience, which results in a
high level of customer service
productivity. Furthermore, I would
highly recommend HR Green to
any city or agency that needs their
services. ”
Keith Clarke
Former Chief Building Official/
Director
Building and Safety Plan Check and Inspection | City of Cathedral City
REFERENCE
Sheryl Brady
Director of Community
Development
City of Palos Verdes Estates
340 Palos Verdes Dr West, Palos
Verdes Estates, CA 90274
P: 310.750.9801
E: [email protected]
On-Call Building and Safety Review Services
City of Palos Verdes Estates
The City of Palos Verdes Estates recognized that they needed to improve their level and quality of services to the community. Because Palos Verdes Estates is in a semi-isolated portion of Los Angeles County, it was realized that there may be some difficulty in the breadth of services that could be provided by private providers. The goal was to assure that the proper dedication of staff and level of response could be provided by the selected contract provider. In 2015, they solicited proposals to seek a provider of city engineering and building and safety services.
Following extensive interviews, HR Green was identified as the preferred provider. Following negotiations with the City, HR Green was contracted to deliver full city engineering and building and safety services. Since 2015 HR Green has provided a full range of consulting services. This includes but is not limited to comprehensive building and safety services including: building official, building inspection and building plan review. HR Green also provides city engineering, civil site review, design, public works engineering, transportation planning, traffic engineering, CIP program management, grant writing/administration, and project management. Our staff members consistently meet or beat plan review turnaround schedules, provide over-the-counter and electronic plan review, and achieve a 100% success rate on building and safety inspections within two-hour windows. Last year our staff successfully completed over 1,233 plan checks for the City. HR Green provides a “one stop shop” to achieve excellent customer satisfaction and implemented a building permitting and community development system (SmartGov) which the City now owns and operates. Our services are provided both on-site and remotely. Our staff interfaces closely with the City’s permit technicians and has initiated best practices (e.g., new forms, tracking tools, electronic plan review, code updates, ADA transition plan, etc.). HR Green is the Building Department in the City, providing the Building Official on-site two half days per week and is available for questions from staff and the public at other times . We have our plan review manager on site for most of the week, giving the City access to the most technically up-to-date code information in the industry. We provide all manner of building and safety inspections, including custom homes, commercial, tenant improvements, and grading.
HR Green’s commitment has resulted not only in an increased level of service but also in significant community benefit.
For contractors and developers, it has resulted in improved turnaround times and cost savings. The end result quality of services and product has been clearly recognized. For the residents, there has been significant improvement in satisfaction of services delivered and response to community needs. The City has also realized cost savings due to the improved response and efficiency of services provided to the community. “I’ve worked with the HR Green
Building & Safety staff for over 2
years and continue to be impressed
by their professionalism, expertise,
and genuine best interest for
the city. From public inquiries to
final inspection and the entire
building process in between, the
staff’s unwavering commitment
to compliance, deadlines, and
relationships is appreciated. ”
Brianna Rindge, AICP
Former Community Development
Director
City of Palos Verdes Estates
(now at City of Lomita)
Building and Safety Plan Check and Inspection | City of Cathedral City
v) Maximum Proposed Turn-around Times
Turnaround times depend on the complexity of the project. Our plan review process will provide for an initial plan review, and two additional re-checks under the plan review fees paid at the time of plan review submittal (three plan review rounds total). Large scale and complex commercial/industrial building projects may additional business days for first review based upon their complexity. These include, but are not limited to, high rise buildings, multi-story mixed use, and projects with multiple buildings exceeding 25,000 sf. or larger.
Our staff is knowledgeable and proficient using the EnerGov permitting system , and will provide updates and status reports as desired by the City. We will work closely with applicants so that projects will not go through useless rounds of corrections or comments. We pride our ourselves on a work product that can effectively and efficiently deliver the highest quality plan review while partnering with designers, developers, contractors, and others in order to work through any code deficiencies that enables a prompt turnaround of approved plans.
Beth Jay, ICC-Certified, our Building Plan Review Task Lead, will be responsible for the day-to-day management of the Plan Review Schedule and, along with our Project Manager, Carlos Yado, CBO, will assure schedule compliance .
Services Category Turnaround Time
(Business Days)
Expedited
(Initial/Recheck)
(Business Days)
Initial Plan Reviews
1. Minor Alterations or Additions 5-7 3
2. Solar or ESS Systems 2 1
3. Single Family Dwellings 5-7 5
4. Multi-Tenant Dwellings 5-7 5
5. Commercial Tenant Improvement Construction < 10,000 sf 10-14 5
6. Commercial Tenant Improvement Construction > 10,000 sf 10-14 5 Subsequent Reviews
1. Minor Alterations or Additions 2-3 2
2. Solar or ESS Systems 1 1
3. Single Family Dwellings 3-5 3
4. Multi-Tenant Dwellings 3-5 3
5. Commercial Tenant Improvement Construction < 10,000 sf 5-7 3
6. Commercial Tenant Improvement Construction > 10,000 sf 5-7 3 Building and Safety Plan Check and Inspection | City of Cathedral City
vi) Firm’s Technical Capabilities
There must be a coordinated effort and responsibility to review, track and coordinate Construction Documents. HR Green has a proven internal plan review coordination process, Green TREx , to make certain that each plan received is properly processed and returned on time. Green TREx supports our tracking efforts and complements any software systems used by public agencies. The status of any plan can be easily determined at any point in time. Moreover, we recognize that there are alternate materials and methods of construction that can be used to satisfy and comply with the provisions of the code. Our experience with the use of alternate materials, alternate design and methods of construction enhances our ability to solve specific issues that arise in design and construction.
1. All plan checks will be overseen by registered engineers in California and completed by a combination of registered engineers, architects, Master Code Professionals, and ICC, CASp, LEED AP , QSD, and QSP-certified plan reviewers.
2. The specific tasks, codes, regulations, and ordinances are as follows:
Architectural Review: We will provide a thorough architectural review of design drawings and details for compliance with the California Building Code (CBC) and City amendments and policies. We also perform architectural reviews that include, but are not limited to emergency egress, building use and occupancy, type of construction, and other safety requirements.
Structural Engineering Plan Check: Complete structural review of design drawings, details, and calculations for both vertical loads and lateral seismic and wind forces, in accordance with the Title 24 Building Code structural provisions shall be performed by a Registered Professional Structural Engineer. Our staff is familiar with the revised structural lateral requirements of this code.
Title 24 Energy Plan Review: We provide energy calculation review and field inspection of energy law requirements.
Because the energy regulations have been radically modified and continue to change, considerable confusion in the building industry has resulted. We provide a format that is easily understood by both the inspector and the builder facilitating improved field relations and improved quality of the end product.
Mechanical/Plumbing/Engineering Plan Review: The California Mechanical Code and the California Plumbing Code and any other specifically designated standards, amendments and polices adopted by the City.
Electrical Engineering Plan Review: Our services include the review of electrical plans to verify compliance with the California Electrical Code (NEC) and City codes. Electrical review to verify energy compliance is included in all projects in accordance with mandates from the State Energy Standards for Non-Residential.
Civil Engineering Plan Review: Our registered engineers and/or QSD/QSP-certified water quality specialists will review grading, drainage, NPDES, Low Impact Development/Hydromodification plans.
Disabled Access Compliance Review: Our CASp-certified accessibility specialists will provide comprehensive administration of the Disabled Access Regulations that the Office of the State Architect mandates local jurisdictions to enforce. This applies to both new and existing buildings.
Green Building Plan Review: Our LEED-certified staff will verify compliance with the California Green Building Standards (CALGreen) Code; prepare LEED submittal documentation; provide green building recommendations and consulting, ENERGY STAR verification, efficiency audits, pre-submittal audits and Chain of Custody (COC) certifications.
Our staff shall verify green building features against City requirements and/or third-party standards, such as third-party scorecards or checklists for compliance and certification level.
Local Noise Attenuation Ordinance: Our services include checking to verify that the designer properly addresses both interior and exterior noise intrusion and that the necessary assemblies provide the required degree of sound attenuation, as required.
Building and Safety Plan Check and Inspection | City of Cathedral City
Permit Software Data Entry: Our team are familiar with various permit programs including Energov and Bluebeam.
We work as an extension of the City’s staff to upload corrections, provide results, and any additional correspondence the City requires in the permitting software.
Permit Application Reviews: We have extensive experience working with application reviews for completeness and accuracy to minimize project delays. This includes cost evaluation are aligned with the City’s fee schedule and inclusive for the proposed scope of work.
Soils and Grading: Our team is familiar with the review of soils/geotechnical documents associated with various development projects. We have subject matter experts who can accurately evaluate these reports provided to the City for completeness and compliance with the code standards.
LEED Review: Our LEED certified reviewers ensure that the LEED certification provides a framework for healthy, highly efficient, and cost-saving green buildings. They have reviewed several projects for compliance with these strict standards.
OWTS Review: Based upon the Questions and Answer responses from the City, HR Green understands that these reviews are no longer part of the scope of this RFP . The information provided here is for the City’s edification: Our team has experience designing and reviewing on site wastewater treatment infrastructure. They ensure that best practices are being met and that the design aligns to meet the code requirements set forth by the AHJ. (Is this still needed after the released Q&A?)
Public Nuisance Abatement Review: Based upon the Questions and Answer responses from the City, HR Green understands that these reviews are no longer part of the scope of this RFP . The information provided here is for the City’s edification: Our team of Chief Building Officials have experience reviewing public nuisance abatement documents. While we defer to the City Attorney’s office for final review of these documents, we can provide a review for completeness and in alignment with best practices and effectiveness.
Building Inspections: Our ICC Certified inspectors have extensive experience and background in performing various types of inspections. They are able to conduct inspections effectively and communicate with developers, contractors, and design professionals to ensure the project is done according to the approved plans and the minimum code standards.
Civil Engineering Review: Our Civil Engineering Review team has a strong background in performing these types of reviews for various agencies across the State. This includes the review of Civil plans submitted to the City which also may include water quality, NPDES, drainage, soils, or other items directly related to the Civil plans.
We will review plans to determine if they conform to the approved conditions of approval, design standards, codes, City ordinances, NPDES requirements, and sound engineering principles. Our goal is to provide helpful code insight, responsiveness, and collaboration early and often to applicants while leveraging a proven development review process and electronic plan check/digital commenting to maximize efficiencies, promote project transparency, and save time and money.
The plan check process we will follow will be managed through our Green TREx plan review and processing program, a formalized and integrated process whereby T echnician, Review, and Experienced Professional management/quality control functions are consistently implemented on each and every project.
HR Green will assign registered engineers/architects and certified plan reviewers to review plans for compliance with applicable codes and requirements (accessibility, building, structural, non-structural, mechanical, electrical, plumbing, grading, drainage, water quality, Green, etc.).
Our GreenTREx process is outlined on the next page.
Building and Safety Plan Check and Inspection | City of Cathedral City
GREENTRE x PLAN CHECK PROCESS
TECHNICIAN REVIEWER EXPERIENCED
PROFESSIONAL
City Receives
Plans from Applicant
+ Assigns Project
HR Green Receives PDF
of Plan Submittal + Enters
Information into System
Submittal Intake Checklist.
Notify City if
Submittal is Complete.
Discuss Key Issues
with City
Budget Hours
NPDES Review
Rough + Precise
Grading Plans
Water + Sewer Plans
+ Calculations
Storm Drain Plans
Quality Reviews
Finalize Correction/
Approval Memo
Log Out Project
City
Design Professional
RESUBMITTAL
T R EX
Building Plan Review
Architectural/Fire + Life
Safety Plan Review
Structural Plan Review
Fire Plan Review
Grading Plan Review
Green Plan Review
Plumbing, Mechanical, +
Electrical Plan Review
Erosion Control/Soils
Plan Review
Prepare Corrections
Memo
Distribute Plan to
Appropriate Plan Review
Team Member(s)
Disabled Access
Compliance Review
HR Green Value-Added Service
STAFF DEVELOPMENT / TRAINING
While the success of our work product relies on our team of professionals to deliver exceptional service to the City of Cathedral City, we can utilize them to further assist in many other ways. HR Green can support and provide staff training that will help the City’s team grow their potential to better serve their community. This includes technical training topics, team building exercises, and workshops with City constituents to better explain our obligation as code professionals in the built environment. Our Project Manager, Carlos Yado, CBO, has extensive knowledge in Building Official-related tasks including code adoption, legislative updates, and many other changes that come from enforcing building code regulations. Together, through our partnership with the City, we can leverage our mutual strengths to be able to provide the highest level of customer service and the best solutions for the City’s Building and Safety and Inspection services.
Building and Safety Plan Check and Inspection | City of Cathedral City
vii) Employee Qualifications Table
viii) List of Terminated Contracts
HR Green Pacific, Inc. has had no contracts terminated for convenience or default within the past five years.
Name
Qualifications
(Professional Registrations/
Certifications
Type of Work to be Performed Hourly Rate
Percentage
of Time
Available to
the City
Carlos Yado CBO, ICC-Certified Project Manager $195 15-25% Timothy Jonasson PE Principal-in-Charge $215 5-10%
George Wentz PE QA/QC Manager $270 5-10%
Beth Jay ICC-Certified Task Lead - Building & Code Review $165 30-50% Jose Ibarra CBO, ICC-Certified Task Lead - Building Inspections $190 30-50% Sandra Schmitz PE, ICC-Certified Building & Code Review $180 30-50% Jason Garmoe MCP , CBO Building & Code Review $165 15-25% Brenda Yu EIT, ICC-Certified Building & Code Review $135 30-50% Desiree Flores PE Building & Code Review $175 15-25%
Steve Schwartz PE, SE Building & Code Review $180 15-25% Ken Welch CFPE, CFM, MCP , CBO,
ICC-Certified Building & Code Review $165 15-25%
Jim Waters CBO, ICC-Certified Building and Code Reviews/Building Inspections $150 30-50%
Tina York PE Civil and Grading Review $220 10-15%
James Xiong PE Civil and Grading Review $200 15-25%
Miranda Martin PE Civil and Grading Review $190 15-25%
Behrouz Azarvand CASp Disabled Access Reviews $160 30-50% Alan Valles ICC-Certified Building Inspections $110 as-needed Paul Barreto ICC-Certified Building Inspections $110 as-needed Eric Muse ICC-Certified Building Inspections $110 as-needed William Janowski ICC-Certified Building Inspections $110 as-needed Ronald Greisinger Fire $160 as needed
Clark Shen PE, SE Building Plan Review - subcontractor $220 25-30% Arsanious Hanna PE, CBO, QSD Building Plan Review - subcontractor $200 25-30% Eric Rodriguez PE, SE Building Plan Review - subcontractor $190 25-30% Alan Ho PE, SE, LEED AP Building Plan Review - subcontractor $185 25-30% Kyle Soldan ICC-Certified Building Inspections - subcontractor $160 as needed Bruce Boyer ICC-Certified Building Inspections - subcontractor $160 as needed Building and Safety Plan Check and Inspection | City of Cathedral City
d) Cost Proposal
ATTACHMENT A
MONTHLY B/S FEE COLLECTED BY
CITY
First $ 35,000 All inclusive cost
Additional Amount between
$35,001 and $50,000 All inclusive cost
Additional Amount over $50,000 All inclusive cost
Structural Only Plan Review
Repeat Plan Checks above Three
(3)
Alternative fee can include charges beyond the (1)
intial and (2) rechecks that are based on hourly rates shown in Option B below.
Expedited Plan Review
Title Name Hours Hourly Rate
(Range) Total Cost Comments/Notes
Certified Building Inspector TBD TBD $100-150 TBD
Principal In Charge George Wentz As Needed $250 N/A Included at no cost to the City Project Manager/BO Rate Carlos Yado As
Requested $190 TBD
Plan Check Manager TBD TBD $160 TDB
Certified Plan Checker TBD TBD $100 - $150 TBD
Structural Review - SE TBD TBD $225 -$250 TBD As Needed Registered Structural Engineer Senior Civil Plan Check Engineer TBD TBD $195 TBD Registered Professional Engineer Storm Water Engineer TBD TBD $135 TBD Only as needed
Certified Asscess Specialist (CASp) TBD TBD $160 TBD
Misc. general training resources
and support
By certifed
trainers TBD
Based on
resources to
complete
TBD Performed at City Hall or at HR Green's training facility in their Corona Office (as preferred by City)
Building Permit Technician/Office
Clerk TBD TBD $90 - $110 TBD
CITY OF CATHEDRAL CITY
Building and Safety HOURLY RATE FEE structure
BASE RATE FOR BUILDING & SAFETY (B&S) COMPENSATION BASED ON PERCENTAGE OF FEES COLLECTED NOTES: 1. HR Green's percentage of fees will remain unchanged for the initial One year period. (See Options A and B)
PORPOSED PERCENTAGE OF FEE STRUCTURE
HR GREEN FEE COMPENSATION
70%
65%
55%
to Deliver
BUILDING & SAFETY SERVICES
65%
OPTION A
OPTION B
As negotiated with the City and HR Green upon selection.
Note: The above percentages of fee includes one (1) initial plan check and up to two (2) re-checks As negotiated with the City and HR Green upon selection.
HR GREEN PACIFIC INC.
Fee Category Consultant Fee as a Percent of Plan Review Fees Plan Check Review 55-70%
Repeat Plan Check Review as negotiated with the City and HR Green upon selection Expedited Plan Check Review as negotiated with the City and HR Green upon selection Structural-only Plan Check Review 65%
HRGREEN.COM
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4886-8063-8473 v2
AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
HR Green Pacific Inc.
This Agreement for Services (“Agreement”) is entered into as of this 1st day of July 2024 by and between the City of Cathedral City, a municipal corporation (“City”) and HR Green Pacific, a corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by request for proposals, the performance of the services defined and described particularly in Section 2 of this Agreement.
B. Contractor, following submission of a proposal, for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.
C. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for a period of thre (3) years, commencing on the date first ascribed above with an option of two (2), one-year extensions available at the discretion of the City.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
Contractor agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule; the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.
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4886-8063-8473 v2
SECTION 3. ADDITIONAL SERVICES.
Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference.
(b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), city issued project number and address, travel, materials, equipment, supplies, and subcontractor contracts.
Subcontractor charges shall be detailed by the following categories: labor, city issued project number and address, travel, materials, equipment, and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. (d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any of Contractor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 - 3 -
4886-8063-8473 v2
“Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
All final work product developed by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Contractors’ work notes and drafts, which are owned by Contractor, not City.
SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to the Services, including expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546.7, if the total compensation in Section 4 exceeds ten thousand dollars ($10,000.00), this Agreement and the Contractor's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
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4886-8063-8473 v2
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee, or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against City, whether by contract or otherwise.
(b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees, or agents of City, shall have control over the conduct of Contractor or any of Contractor’s personnel.
Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s personnel are in any manner officials, officers, or employees of City. (c) Neither Contractor, nor any of Contractor’s personnel shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor, its officers, employees, agents, or subcontractors, may have to any such rights. Contractor’s indemnity obligations in Section 16 “Indemnification” of this Agreement include the obligation to indemnify the City from and against any liability that may arise related to claims that Contractor, its officers, employees, agents, or subcontractors, are entitled to retirement, health care or any other benefits that accrue to City employees. This provision shall survive the expiration or earlier termination of this Agreement.
SECTION 9. STANDARD OF PERFORMANCE.
(a) Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement. - 5 -
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In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractor’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
(b) Contractor warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Contractor shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the term of this Agreement. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees, or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Contractor shall not discriminate, in any way, against any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of the Services and should the any liability or sanctions be imposed against City for such use of unauthorized - 6 -
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aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Contractor will perform non- related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section. (d) City may determine that Contractor must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Contractor shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
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(c) If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs, and fees, including attorney's fees, caused by, or incurred as a result of Contractor’s conduct.
Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Contractor’s services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor, in the performance of professional services under this Agreement. Notwithstanding the foregoing, to the extent that the Consultant’s services are subject to California Civil Code Section 2782.8, the above indemnity, including the cost to defend, shall be limited to the extent required by Civil Code Section 2782.8.
(b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in - 8 -
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whole or in part, the performance of this Agreement by Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor.
(c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
(d) City’s Negligence. The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees, and agents.
SECTION 17. INSURANCE.
Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor’s duties or obligations under this Agreement without the prior written consent of the City.
Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and - 9 -
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subcontractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. (b) Contractor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City.
Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 21. DEFAULT.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state, or local governments, acts of City, court orders, fires, floods, - 10 -
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epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Contractor in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Cathedral City
Attn: City Clerk
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Contractor: HR Green Pacific, Inc.
1260 Corona Pointa Ct.
Suite 305
Corona, CA 92879
[email protected]
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the City of Cathedral City Municipal Code and its adopted policies and procedures.
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SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if it does not exceed the amount that may be approved administratively pursuant to the City Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN, VENUE.
This Agreement shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEY’S FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs, and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations, or other agreements, whether oral or - 12 -
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written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition, or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void, or unenforceable provision(s).
SECTION 34. ELECTRONIC SIGNATURE
The Parties agree that, in accordance with the City’s Electronic Signature Use Policy, adopted on August 10, 2023, and as amended thereafter, the Parties may use electronic signatures to execute this Agreement. Any use of electronic signatures to execute this Agreement shall comply with the City’s Electronic Signature Use Policy, and such signatures shall have the same force and effect as if this Agreement were executed by hand. Contractor acknowledges that it has had an opportunity to request and review the City’s Electronic Signature Use Policy, and Contractor agrees to comply with the Electronic Signature Use Policy. Contractor agrees to indemnify, defend, and hold the City harmless from any claim, damage, or liability associated with transmitting an electronic signature or an electronically signed record by electronic transmission.
SECTION 35. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
[SIGNATURES ON FOLLOWING PAGE]
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CITY OF CATHEDRAL CITY
___________________________
Charles P. McClendon
City Manager
ATTEST:
___________________________
Tracey R. Hermosillo
City Clerk
APPROVED AS TO FORM
_______________________________
Eric S. Vail
City Attorney
[CONTRACTOR NAME]
___________________________
HR Green Pacific, Inc.
1260 Corona Pointa Ct.
Suite 305
Corona, CA 92879
[email protected]
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EXHIBIT "A"
SCOPE OF SERVICES
The following scope of work represents the services and responsibilities the successful proposer(s) is expected to provide and perform. Should the use of sub‐consultants be proposed, the proposed sub-consultant(s) must be clearly identified. If not, all sub- consultants are known before an agreement resulting from this RFP is executed or if those sub-consultants change prior to contract execution, changes may be considered by the City. 1) BUILDING PLAN CHECK SERVICES
a) Using Bluebeam and the City’s Energov EPL platform, perform architectural, structural, plumbing, mechanical and electrical plan check review for buildings and structures for compliance with applicable Federal and State laws, building and safety codes, City ordinances, City Zoning Code, and acceptable engineering practices. Type of proposed plan check work may include new construction (residential, commercial, or industrial), remodel, additions, green building, Disabled Access, Leadership in Energy and Environmental Design (“LEED”);
b) Confirm building use, occupancy, and type of construction, and review construction of buildings and structures to determine satisfaction of safety requirements; c) Review and approve building/structural revisions to plans required during construction; d) Collect construction and demolition Waste Management Plan prior to building permit issuance and ensure construction and demolition recycling requirements are met prior to final inspection;
e) Provide problem solving methods for unique or challenging plan check or code interpretation issues;
f) Provide trained staff familiar with sustainable building, Title-24, and Green Building concepts such as those supported by LEED, California Association of Building Energy Consultants (“CABEC”);
g) Coordinate building permit requirements and interface with City Departments and other agencies;
h) Provide expedited plan check for certain project types when requested by the City; and
i) Respond to Public Records Requests (formal response within five business days). 4886-8063-8473 v2 A-2
2) BUILDING INSPECTION SERVICES
a) Ability to utilize and operate Energov permitting software, IG Inspect app and utilize electronic tablet style devices, to provide inspection results, comments, corrections, and documentation in the field. Ability to upload pertinent information to Energov; b) Provide an on-call ICC-certified Building Inspector who is fully trained/ certified/qualified for all construction regulated by all applicable Federal, State and City building and safety codes/ordinances, floodplain design standards. Proposal shall dictate the terms and limitations to this as needed service; c) Ability to serve as a resource and provide information on City regulations to property owners, residents, businesses, the general public and other City departments; d) Inspect buildings structures, electrical, plumbing, mechanical systems for which building permits have been issued, for compliance with the approved plans and applicable codes and ordinances;
e) Inspect for compliance with applicable conditions of approval set forth by the City's Community and Economic Development Department, Planning Commission, and/or City Council, and communicate with City staff as appropriate; f) Coordinate with various City and County agencies and departments and other governmental agencies providing services, and/or having jurisdiction over any aspect of a development project in order to obtain compliance with the above building and safety codes and regulations;
g) During inspections, issue correction notices. In the event an inspection finds violations in code requirements and/or permit conditions of approval, the Inspector will immediately document accordingly in City's tracking system; h) Provide all vehicles, fuel, maintenance, cell phones and iPads (or substantially similar tablet), and other equipment necessary for field personnel to carry out building permit inspections and duties;
i) Ability to respond to callouts to building damages caused by; fire, flooding, earthquake, or man-made incidents (vehicle vs building);
j) Provide special inspections by qualified inspectors and conduct investigations as directed by the City, including field and office research and the preparation of letters and/or documents; and
k) Input daily inspection information into the City's tracking system. The City will provide user logins.
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EXHIBIT "B"
COMPENSATION
City will pay Contractor a set percentage (%) of monthly building and safety plan check fees collected by the City, based on the below chart for the initial plan check and up to two (2) re-checks. Repeat plan checks beyond three (3) will be paid at the hourly rates listed in the hourly fee table below.
BASE RATE FOR BUILDING & SAFETY (B&S) COMPENSATION
BASED ON PERCENTAGE OF FEES COLLECTED
MONTHLY B/S FEE
COLLECTED BY CITY,
SPECIFIC TO HR GREEN
PROJECTS
HR GREEN FEE
COMPENSATION
First $35,000 70% All-inclusive cost
Additional Amount
between
$35,001 and $50,000
65% All-inclusive cost
Additional Amount over
$50,000 55% All-inclusive cost
Structural Only Plan
Review 65%
Note: The above percentages of fee includes one (1) initial plan check and up to two (2) re- checks
Repeat Plan Checks
above Three (3)
Additional 5% in addition to
base rate.
This includes up to 2 additional
rechecks in addition to the 3
included in the base percentage.
Charges beyond these 2 additional
rechecks are based on hourly
rates shown below.
Expedited Plan Review No Additional charge for 5
days or more.
DURATION OF FEES: Hourly fees and rates shall remain effective for the original three-year (3 year) term of the agreement and may be adjusted annually thereafter based upon contract renewal and as agreed to by both parties. The annual adjustment shall not exceed 5% for any hourly rate thereafter. 4886-8063-8473 v2
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EXHIBIT “B” continued.
City will pay contractor at the hourly rates listed below in the hourly rates table for inspection services.
Building and Safety HOURLY RATE FEE structure
Title Name Hours
Hourly
Rate
(Range)
Total
Cost Comments/Notes
Certified
Building Inspector TBD TBD $100-150 TBD
Principal In Charge George
Wentz
As
Needed $250 N/A Included at no cost to the City
Project Manager/BO
Rate
Carlos
Yado
As
Requested $190 TBD
Plan Check
Manager TBD TBD $160 TDB
Certified Plan
Checker TBD TBD $100 -
$150 TBD
Structural Review -
SE TBD TBD $225 -
$250 TBD As Needed Registered Structural
Engineer
Senior Civil Plan
Check Engineer TBD TBD $195 TBD Registered Professional Engineer Storm Water
Engineer TBD TBD $135 TBD Only as needed
Certified Asscess
Specialist (CASp) TBD TBD $160 TBD
Misc. general
training resources
and support
By
certified
trainers
TBD
Based on
resources
to
complete
TBD
Performed at City Hall or at HR
Green's training facility in their
Corona Office (as preferred by
City)
Building Permit
Technician/Office
Clerk
TBD TBD $90 -
$110 TBD
DURATION OF FEES: Hourly fees and rates shall remain effective for the original three-year (3 year) term of the agreement and may be adjusted annually thereafter based upon contract renewal and as agreed to by both parties. The annual adjustment shall not exceed 5% for any hourly rate thereafter. 4886-8063-8473 v2
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EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Contractor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A: VII.
Contractor shall provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (2) Automobile. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (3) Workers’ Compensation. Workers' Compensation insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Contractor and all risks to such persons under this Agreement. (4) Professional Liability. Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional three (3) year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.
2. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than:
(1) Commercial General Liability. $1,000,000 general aggregate for bodily injury, personal injury, and property damage. (2) Automobile. $1,000,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of 4886-8063-8473 v2
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not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above.
(3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $1,000,000 per occurrence. (4) Professional Liability. $1,000,000 per occurrence.
B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
2. Commercial General Liability and Automobile Liability Coverages. (1) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. (2) Contractor’s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City, and its respective elected and appointed officers, officials, employees, or volunteers, shall apply in excess of, and not contribute with, Contractor’s insurance. (3) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(4) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees, or volunteers.
3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation 4886-8063-8473 v2
C-3
against City, and its respective elected and appointed officers, officials, employees, and agents for losses arising from work performed by Contractor.
C. Other Requirements. Contractor agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
Staff Report
City Council
Item No. 5.F
Meeting Date: June 26, 2024
From: Kevin Biersack, Financial Services Director
Title: Council Subcommittee Funding Recommendations for the FY 2024/2025 Community Assistance Grant Program
RECOMMENDATION:
The Council Subcommittee recommends City Council approve the award of grants totaling $70,000 for the FY 2024/2025 Community Assistance Grant Program.
BACKGROUND:
On March 13, 2024, City Council appointed an Ad Hoc subcommittee to review Community Assistance Grant applications. Funding for the program for FY 2024/2025 is included in the adopted budget totaling $70,000. The grant program was advertised on the City’s website for grant requests ranging from $1,000 to $10,000, and a notice was published in the local newspaper on March 15, 2024. The deadline for grant submissions was April 15, 2024.
DISCUSSION:
Council appointed an Ad Hoc subcommittee consisting of Councilmembers Gutierrez and Lamb to review the applications and make a recommendation to the full Council for formal action. The subcommittee met with City staff on May 15, 2024, to review and provide feedback and recommendations.
Program guidelines to be considered for funding:
1. Applicants must be a non-profit 501(c)(3) organization or a tribal or governmental agency.
2. Applicants must be based in Cathedral City or demonstrate they provide services to residents or businesses of Cathedral City.
3. Applicants must be able to demonstrate they receive funding from other sources and are not relying only on City support.
4. Preference will be given to applicants meeting health and human service needs of underserved populations.
5. If funded last year, the applicant will need to provide the City a report on how the funding was utilized.
The subcommittee recommends the following awards:
Organization Name
Requested
Award
Recommended
Award
65Check $10,000 $10,000
Alzheimer’s Coachella Valley $5,000 $5,000
Angel View Inc $10,000 $10,000
Cake4Kids Coachella Valley $1,000 $0
Cathedral City Senior Center $10,000 $15,000
Dezart Performs $10,000 $5,000
Dinner with Patsi $6,000 $14,500
Do the Right Thing $5,000 $2,500
Dr. Reynaldo Carreon Foundation $3,000 $3,000
Habitat for Humanity of the Coachella Valley $10,000 $5,000 TOTAL AWARDED $70,000 $70,000
After the subcommittee review and initial award recommendations were made totaling $56,500, the remaining $13,500 was provided to the Cathedral City Senior Center for an additional $5,000 and to Dinner with Patsi for an additional $8,500.
FISCAL IMPACT:
Funding of $70,000 for the grant awards is included in the FY2024/2025 adopted budget.
FIVE-YEAR STRATEGIC PLAN:
Goal C-Fiscal Stability and Sustainability
Action C-4 Allocate resources necessary to achieve Council’s Goals and Vision
ATTACHMENTS:
None
Staff Report
City Council
Item No. 5.G
Meeting Date: June 26, 2024
From: Ryan Hunt, Communications & Events Manager
Title: LeAnn Rimes Balloon Festival Headline Concert Agreement RECOMMENDATION:
To ratify the agreement for LeAnn Rimes to perform as the headline act inside the Community Amphitheater for the 10th Anniversary of the Cathedral City International Hot Air Balloon Festival on Saturday, Nov. 23, 2024.
BACKGROUND:
LeAnn Rimes was announced as the headline performer for the 10th anniversary of the Cathedral City International Hot Air Balloon Festival at this year’s State of the City event on May 16, 2024. The concert will take place in the Cathedral City Community Amphitheater at 5 p.m. on Saturday, Nov. 23, 2024, with opening act Emily West performing an acoustic set at 4 p.m. The concert will be followed by a 7 p.m. balloon glow in Downtown Cathedral City.
DISCUSSION:
The agreement is with international multi-platinum-selling acclaimed singer/songwriter LeAnn Rimes for a concert that will take place in the Cathedral City Community Amphitheater at 5 p.m. on Saturday, Nov. 23, 2024. The agreement needed to be executed prior to this City Council meeting. City Manger McClendon signed the agreement to pay the deposit of $40,000 under the City Manager‘s signing authority, and it is being presented tonight for to the City Council for ratification.
Concert tickets to see international multi-platinum-selling acclaimed singer/songwriter LeAnn Rimes at this year’s Cathedral City International Hot Air Balloon Festival went on sale on Thursday, June 20, 2024, at discovercathedralcity.com. Additionally, 1,000 free general admission tickets for Cathedral City residents, ages 21 years and older, will be available for pickup in mid-July at Agua Caliente Casino Cathedral City, 68960 E Palm Canyon Dr, Cathedral City, CA 92234. A valid form of ID or proof of residency is required, which is good for one ticket per resident.
Tickets to the Cathedral City International Hot Air Balloon Festival and Food Truck Fiesta are also complimentary for Cathedral City residents and Agua Caliente Casinos ACE Club card holders. Residents must show a valid photo ID with a Cathedral City address. ACE Club cardholders must have their membership verified and show a valid photo ID. Complimentary tickets may be picked up at the ACE Club at Agua Caliente Casino Cathedral City, during operational hours through November 22, 2024. Tickets are awarded on a first-come, first- served basis while supplies last.
LeAnn Rimes has sold more than 48 million units globally, won 2 Grammy® Awards; 12 Billboard Music Awards; 2 World Music Awards; 3 Academy of Country Music Awards; 2 Country Music Association Awards and one Dove Award. At 14, Rimes won “Best New Artist” making her the youngest recipient to take home a Grammy® Award. LeAnn is also now celebrating more than 25 years as a recording artist, since the release of her debut album “Blue,” and released her latest studio album, God’s Work, in 2022.
The Cathedral City Community Amphitheater is located 68526 Avenida Lalo Guerrero, at the corner of Cathedral Canyon Drive and Avenida Lalo Guerrero within the civic center complex and adjacent to the Downtown Parking Structure. The total size of the lots is 2.51 acres.
FISCAL IMPACT:
The City Council increased the 2024 festival's budget by $100,000 in the last biennial budget approval process to help Communications & Events secure a headline performer at the caliber of LeAnn Rimes.
The festival has grown over its short time span from attracting several thousand attendees locally from its inception in 2015 to bringing in more than 25,000 attendees regionally. Most attendees are from outside of Cathedral City and the Coachella Valley as this event has generated a tremendous interest from the California coast and beyond.
FIVE-YEAR STRATEGIC PLAN:
Action F-6: Promote additional community events and celebrations.
ATTACHMENTS:
LeAnn Rimes Cathedral City Community Amphitheater Contract PERFORMANCE CONTRACT | # 364526 | PAGE 1 OF 3
(310) 407-0200 (310) 407-0200 FAX
Performance Contract 364526.pdf page 1 of 3
Matt Runner | [email protected]
THIS PERFORMANCE CONTRACT is dated Monday, April 22, 2024 by and between PRODIGY TOURING CORPORATION (“COMPANY”), which shall furnish the services of LeAnn Rimes (“ARTIST”), and CITY OF CATHEDRAL CITY (“PURCHASER”) for the engagement listed below on the terms and conditions set forth in this Agreement.
This Performance Contract between COMPANY and PURCHASER consists of this principal agreement together with the Additional Terms and Conditions, ARTIST’S RIDER (if any) and any other exhibits and addenda which are attached hereto and incorporated herein by this reference (collectively, this “Agreement”).
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PURCHASER and COMPANY hereby agree as follows:
1. ENGAGEMENT / VENUE:
VENUE: Cathedral City Community Amphitheater (the “Venue”) ADDRESS: 68526 Ave Lalo Guerrero
Cathedral City, CA 92234
United States
DATE OF SHOW: Saturday, November 23,
2024
(the “Date of Engagement”)
NO. OF SHOWS: 1
DOORS: 6:00PM 3:00PM
OPENING ACT EMILY WEST 4:00PM
ARTIST TIME: 7:00PM 5:00PM
CURFEW: To be adv.
SET LENGTH: 75-90 MINUTES
2. CO
MPENSATION:
$ 80,000.00 guaranteed to ARTIST (the “Guarantee”).
Flat Guarantee
Plus PURCHASER to provide and pay for Backline as specified and approved by ARTIST.
Plus PURCHASER to provide and pay for Hospitality & Catering, per ARTIST rider.
Plus PURCHASER to provide and pay for all ARTIST rider requirements, all as specified and approved by ARTIST.
Rain or Shine Event. Notwithstanding anything contained to the contrary in the T&C or in any Purchaser rider or addendum, if cancellation occurs due to inclement weather, Artist to be paid in full.
3. P
AYMENT TERMS:
PURCHASER shall pay $ 40,000.00 to WASSERMAN MUSIC, LLC no later than Wednesday, October 23, 2024 All payments to be made to Wasserman Music, LLC hereunder shall be payable by bank wire to:
Wasserman Music, LLC
ACCT: 712339560
ABA: WIRE: 021000021 ACH: 322271627
SWIFT CODE: CHASUS33
JPMorgan Chase
New York, NY 10017
The balance of the Guarantee shall be paid to and in the name of ARTIST COMPANY by cash or cashier’s check not later than the evening of the Engagement. If the percentage of gross ticket receipts exceed the Guarantee, the overage amount due shall be paid in full to ARTIST COMPANY in cash or by cashier’s check or bank wire (as designated by ARTIST COMPANY) immediately following the Engagement.
4. PR
ODUCTION:
PURCHASER to provide and pay for First-Class Festival Stage, Production, Backline, Sound and Lights, approved by ARTIST.
5. O
THER PROVISION(S):
OTHER NOTES: Band Configuration
6. B
ILLING:
LeAnn Rimes | Cathedral City Community Amphitheater | Cathedral City, CA | Sat, Nov 23, 2024 PERFORMANCE CONTRACT | # 364526 | PAGE 2 OF 3
(310) 407-0200 (310) 407-0200 FAX
Performance Contract 364526.pdf page 2 of 3
Matt Runner | [email protected]
100% Festival Headline
Cathedral City Hot Air Balloon Festival
7. TICKET SCALING AND PRICES:
SCALING NOTES Fifty (50) Artist Comps
8. DEDUCTIONS:
DEDUCTIONS EXC/INC PRICE TYPE TOTAL
-- N/A --
$ 0.00 DEDUCTIONS
9. TAXES:
TAXES AMOUNT TYPE TOTAL
-- N/A --
$ 0.00 TAXES
10. MERCHANDISE:
100% to ARTIST; ARTIST Sells
11. CONTACT DETAILS:
ARTIST: LeAnn Rimes
Prodigy Touring Corporation
Attn: Alyssa Zeman
15303 Ventura Blvd #1600
Sherman Oaks, CA 91403
PROMOTER / PURCHASER: City of Cathedral City
,
Chris P arman Ryan Hunt
[email protected] r [email protected]
PRODUCTION COMPANY OR
PERSON:
Bernie Mercado
,
(626) 221-4379
[email protected]
12. SPECIAL PROVISIONS:
FULL BAND / SYMPHONY
SHOWS:
Purchaser to provide and pay for eight (8) stagehands for load in and load out.
RUNNERS: Purchaser to provide and pay for one (1) professional runner for day of show. If possible please provide two (2) runners.
SOUND & LIGHTS: Purchaser to provide sound and lights as required by Artist.
ANNOUNCE/ON-SALE
MATERIALS:
Prior to announcing or scheduling on sale dates, purchaser must contact Hannah Maldon ([email protected]) for approval of marketing plan and materials. Only Artist approved assets may be used for marketing campaigns and venue collateral.
TICKET COUNTS: Purchaser to provide ticket counts to booking agency at least once per week from on sale date to show date.
ARTIST COMPS: Buyer shall provide ARTIST with fifty (50) Artist Comps - and/or cover charges, if applicable, per show segment of PERFORMANCE, located near the center of the house within the first Twenty (20) rows. These tickets are to be pulled prior to tickets going on sale. In the case of a general admission ticket, with no assigned seating, the BUYER shall provide, for the ARTIST’S guests, a sectioned off, VIP area. Any unused tickets will be returned and may be placed on sale the day of PERFORMANCE.
SUPPORT: OPENING ACT: EMILY WEST All opening acts must be approved in writing by Wasserman Music Agency.
LeAnn Rimes | Sat, Nov 23, 2024
Rev. October 2023 Page 1 of 8
Throughout this Exhibit A, references to “Facing Pages” shall mean the pages issued by Wasserman Music, LLC (“Agent”) to which this Exhibit A is attached. Company’s production and hospitality riders are collectively referred to herein as the “Artist Rider”.
1. VENUE AND PRODUCTION:
1.1 Purchaser shall not change the date or Venue set forth on the Facing Pages for Artist’s appearance at the Event (hereinafter, the “Performance”) without Company’s prior written consent, which may be withheld in Company’s sole discretion, as applicable.
1.2 Purchaser hereby agrees to carry, maintain, and pay for all necessary permits and licenses required by all applicable laws for purposes of lawfully conducting the Event (as defined below), including, without limitation, as required by ASCAP/BMI and/or SESAC.
1.3 Purchaser will be solely responsible for reserving, securing, and providing the Venue for the Performance.
Purchaser will provide and pay for any and all production elements and backline set forth on the Facing Page and in the Artist Rider, together with any and all additional elements as necessary to produce a first -class event, including, without limitation, a suitable Venue, well -heated, ventilated, lighted, clean and in good working order, an appropriate performance area free and clear of interruption, dressing rooms or exclusive trailer (clean, comfortable, properly heated and air-conditioned and near the stage), all necessary electricians and stage hands and stage equipment, all necessary first-class sound and lighting equipment, all necessary Venue personnel, and appropriate and sufficient advertising in all media.
1.4. Purchaser shall check all Purchaser-provided equipment that is material to Artist’s Performance (including, but not limited to, soundboard, monitors, public -address-system, lights) for defects and to ensure proper functioning prior to the Performance. If, after receiving notice from Company, Purchaser fails to cure any such malfunction in Purchaser-provided equipment prior to Artist’s originally scheduled set time, Company shall have the right to cancel or shorten the Performance hereunder. For purposes of this paragraph, notice may be given orally or in writing (including by email or text).
1 .5 Company and Artist shall have the sole and exclusive control over any and all creative elements of the Performance hereunder. Company and Artist shall have the sole right, as Company and/or Artist sees fit, to designate and/or change at any time the performing personnel other than the Artist herein specifically named.
Further, Company and Artist shall have the right to pre-approve the talent line- up for the Event, including without limitation, the performing artist who will perform immediately prior to and/or after Artist’s set time.
2. ENGAGEMENT:
2.1 Provided Purchaser is not in breach of any of the terms of this Agreement, Company will cause Artist to perform for the Performance in accordance with the terms of this Agreement. Artist’s set length and performance order will be as set forth on the Facing Pages. Artist’s load -in, sound check, and rehearsal times will be as set forth on the Facing Pages unless otherwise mutually agreed by the parties in writing per advance. Artist’s Performance, together with all other performances at the concert(s) or other event(s) described on the Facing Pages, are hereinafter collectively referred to as the “Event.”
2.2 Purchaser hereby acknowledges that, except as otherwise expressly set forth herein, each and every payment made by Purchaser hereunder is non-refundable.
3. TICKET PRICE:
3.1 Purchaser shall not do any of the following without first obtaining Company’s prior written consent: (a) increase or decrease a ticket price; (b) charge surcharge or fee of any kind, including without limitation, a fee based on an age differential; and (c) implement any specialized or discounted ticketing programs or engage any third-party ticket resellers, including, without limitation: Multi-packs, Value Channels (e.g. Groupon), papering, VIP tables & suites (unless sold as a season-long package), additional upsells including early entry promotions & food and beverage packages, Dynamic pricing, Platinum ticketing, Fast Lane, TM+ (resale tab), and AXS Exhibit “A”
WASSERMAN MUSIC ADDITIONAL TERMS & CONDITIONS
For FESTIVAL PERFORMANCES
Rev. October 2023 Page 2 of 8
Premium, and/or StubHub redirection. Purchaser acknowledges and agrees that Company is acting in reliance on the ticket scaling and fee information as stated on the Facing Pages.
3.2 Unless otherwise agreed between the parties in writing, until such time as the Event is sold out, Purchaser will provide or give Agent access to detailed, accurate weekly ticket counts.
3.3 Purchaser shall pay for any and all local and/or amusement taxes which may become due in connection with ticket sales and/or Purchaser’s presentation of the Event and Performance.
4. LINE-UP, BILLING, AND PROMOTION:
4.1 Unless otherwise expressly agreed in writing by Company, Purchaser must obtain Company’s written authorization prior to any: (a) announcement of Artist’s Performance; and (b) use of Artist’s name, likeness and/or logos for the production and/or dissemination of any of all advertisements and promotional material (including flyer design). Any violation of the foregoing by Purchaser, including, without limitation, an unauthorized announcement or failure to adhere to the form and/or timing of any such announcement as approved by Company, shall constitute a material breach of this Agreement that is not capable of being cured and, as such shall not be subject to the terms of paragraph 12.1 of this Agreement. In the event of a breach of the terms of paragraph, Company shall be immediately entitled to the remedies set forth in paragraph 9.1 herein below and Purchaser shall be obligated to indemnify Company for any Claim Expenses (as such term is defined in paragraph
11.2 herein below) incurred as a result of such breach.
4.2 Conditioned upon: (a) Purchaser’s timely payment and Agent’s receipt of the Deposit (and any other payments due to Company and/or Artist hereunder); and (b) Purchaser’s full compliance with the terms of paragraph 4.1 herein, Company hereby grants Purchaser the limited right to use artist’s approved name, image, logo, and/or voice (hereinafter, the “Artist Materials”) in all Event advertising (including, without limitation, poster, flyer, Internet, radio, TV, social media and print advertising), solely for purposes of advertising, marketing and promoting the Event and the sale of tickets with respect thereto, and subject in each instance to Company’s prior written approval. Purchaser may only use the Artist Materials provided by Company hereunder unless otherwise agreed by Company in writing. Purchaser further acknowledges that Company's grant of the right to use the Artist Materials to promote the Event constitutes a value given in consideration of any and all Compensation payable to Company hereunder. For the avoidance of doubt, any and all advertisements of the Performance shall be subject to Company’s prior written approval.
4.3 Artist shall receive billing as provided on the Facing Pages or as mutually agreed in writing between the parties hereto, including, without limitation, in all materials and media disseminated by Purchaser to the press and public. Company shall be meaningfully consulted with regard to the artists performing immediately prior to and following Artist’s Performance.
4.4 Except for so-called “name-and-title” Venue sponsors and/or Event sponsors, Purchaser acknowledges and agrees that the Artist Materials may not be used to imply any sponsorship or endorsement of any product or service by Artist, including but not limited to commercial and political endorsements, without the prior written consent of Company.
4.5 Purchaser shall use best efforts to promote the Performance in accordance with standard industry practices.
The costs of promotion shall be borne solely by Purchaser. In the event that Company determines, in Company’s sole discretion, that any use of the Artist Materials may adversely affect Company, Artist or Company’s or Artist’s intellectual property rights, Purchaser will immediately discontinue the use of the applicable promotional materials immediately following receipt of written notice from Company.
5. COMPENSATION:
5.1 (a) As used in this Agreement, the term “Compensation” means any amount(s) payable to Company under this Agreement, including, without limitation, the Guarantee, contingent compensation (including, without limitation, any overages, so- called “back -end,” and bonus payments), expense reimbursements, buyouts, and any compensation payable under a zero guarantee deal. Purchaser shall pay all Compensation (as hereinafter defined) in accordance with the Payment Terms of the Facing Pages. Wire origination transfer fees are the sole responsibility of Purchaser and shall not be deducted from the Deposit or other Compensation hereunder.
(b) All Compensation due hereunder must be paid in accordance with the terms set forth in the Facing Pages hereof. In the event that Company instructs Purchaser to pay any portion of Compensation to Wasserman Music, LLC (“Agent”), such payment as aforesaid shall be made as an accommodation to Company. Company and Purchaser acknowledge and agree that Agent is not a beneficiary of or party to this Agreement. Such payment Rev. October 2023 Page 3 of 8
to Agent shall constitute payment to Company for all purposes of this Agreement and Purchaser will have no liability to Agent by reason of any erroneous payment Purchaser may make or failure to comply with such authorization. Company shall indemnify and hold Purchaser harmless against any claims asserted against Purchaser by reason of any such payment made pursuant to the terms of this paragraph 5.1(b).
(c) Purchaser shall not make any cash payments to Company, Artist, and/or Agent under this Agreement.
5.2 Intentionally Omitted.
5.3 Intentionally Omitted.
5.4 Intentionally Omitted.
6. TAXES, VISAS AND WORK PERMITS:
6.1 If the Compensation hereunder payable to Company (or to Agent on behalf of Company) is subject to non - resident withholding taxes in the state, country, or province of the Performance as required by applicable law, and/or any so-called value added tax (“VAT”), unless otherwise expressly set forth in the Facing Pages, Purchaser shall: (a) be solely responsible for the payment of applicable withholding tax or VAT amounts and shall “gross - up” Company’s Compensation such that Company’s Compensation hereunder shall not be reduced by the amount of such withholding tax or VAT; (b) notify Company in writing of such withholding requirement(s); (c) withhold such required withholding tax amounts from the Compensation as required by law; (d) remit same to the applicable and appropriate governmental taxing authority(ies) (individually and collectively, the “Tax Authority”) in a timely manner and in accordance with applicable law; and (e) promptly provide Company with written documentation evidencing that Purchaser has withheld and paid over to the Tax Authority in a timely manner the requisite amount.
6.2 Notwithstanding anything to the contrary contained herein, Company’s non-resident withholding tax amount hereunder may not exceed the required amount established by the Tax Authority . Without limiting the foregoing, Purchaser shall be liable for any and all penalties assessed by the Tax Authority against Company and/or Artist for Purchaser’s failure to make timely payment to the Tax Authority of amounts required to be withheld hereunder.
6.3 Purchaser, as indicated on the Facing Pages or otherwise agreed by Purchaser in writing shall be responsible for obtaining and paying for any work permits and visas or other documents required for Artist and any member of Artist’s crew to enter and work legally in the country in which the Event will take place, and such permits and visas shall be valid for the duration of Artist’s stay in that country. Purchaser agrees to make such documents available to Company no less than thirty (30) business days prior to Artist and crew’s departure to the country of Performance. In the event Purchaser is not contractually obligated to procure work permits or visas on Artist’s behalf (and has not otherwise agreed to procure same in writing), Purchaser agrees to reasonably assist Company and Artist with any and all applications for all such visas and/or work permits.
Company shall be entitled to full payment of the Compensation if the Performance cannot be presented or is cancelled due to Purchaser’s failure for any reason to obtain and/or maintain: (a) any approvals, permits and/or permissions from any applicable governmental or other applicable local authority; (b) the Artist/crew work permits and/or visas.
7. MERCHANDISE:
7.1 Unless otherwise stated in the Facing Pages, Company shall have the exclusive right to sell Artist merchandise, during and after the Performance. Other than the mutually -agreed Venue commission stated on the Facing Pages, Purchaser shall not receive any commission or other remuneration with respect to such sale of merchandise or other Artist -related products hereunder. Required Venue merchandise commissions, if any, shall not exceed the rates set forth in the Facing Pages.
7.2 Any proposed festival merchandise which will contain Artist’s name or likeness, shall be subject to the prior written approval of Company and further, shall contain all other performing artists names or likenesses appearing at the festival.
8. RECORDING:
8.1 Company’s Recording: Purchaser hereby acknowledges and agrees that Company and/or anyone engaged, authorized, employed or supervised by Company, may photograph, video tape, and/or otherwise record, reproduce and distribute such recordings of the Event including the Performance hereunder ("Recordings"), in Rev. October 2023 Page 4 of 8
whole or in part, in any manner or media, and all rights, title and interest to such Recordings from the inception of recording thereof, and all copies manufactured therefrom, including, without limitation, the copyrights thereto and the images and/or performances embodied thereon, shall be the sole property of Company or Company’s designees, throughout the world, free from any claims whatsoever by Purchaser or any third party (including, without limitation, Purchaser’s affiliates, partners, investors and the Venue owner) . Neither Company, Artist nor Company’s or Artist’s designee shall have any obligation to obtain permission from or provide credit to Purchaser, except as otherwise required by law.
8.2 Other Recordings:
(a) Purchaser shall not, nor shall Purchaser, authorize others to photograph, video tape, record or otherwise reproduce Artist’s likeness or image in any manner, nor shall Purchaser record (in any medium) or broadcast (via any means, including, without limitation, radio or internet), or authorize others to record or broadcast, any portion of the Performance without Company’s prior written consent, which may be withheld in Company’s sole discretion, as applicable. If it becomes evident to Artist or Company that any of the foregoing prohibited activities is occurring during the Event, Artist may suspend Artist’s Performance immediately until such unauthorized recording has ceased, and neither Agent, Artist nor Company shall be obligated to return any monies previously paid by Purchaser under the Agreement.
(b) Absent Company’s delivery of timely written notice of the contrary to Purchaser, patron use of non - professional/personal cameras and smart phones shall not be deemed a violation of paragraph 8.2(a) herein above.
(c) Purchaser shall be strictly liable for any damages suffered by Company or Artist as a result of: (i) the creation of an unauthorized recording of Artist’s performance hereunder by means of the sound board, artist equipment, monitors or any other part of the Venue’s audio- only and audio/visual installation when such are within the exclusive control of Purchaser or those engaged by Purchaser; and/or (ii) the dissemination of any such recording.
9. CANCELLATION:
9.1 Purchaser Default: Subject to the terms of paragraph 9.2 below, in the event that Purchaser, any of Purchaser’s officers, directors, employees, parent companies, subsidiaries, affiliates, partners, agents, designees, licensees, assigns, and/or any third party engaged or furnished by any of the foregoing persons or entities (collectively, the “Purchaser Parties”): (a) cancels the Performance or the Event for any reason other than a Force Majeure Event or Company’s uncured material breach of this Agreement; (b) fails to perform any of Purchaser’s obligations under this Agreement or to provide any material item(s) hereunder; (c) fails to timely pay any amount(s) due to Company, Agent and/or Artist hereunder, including, without limitation, the Deposit and/or Compensation; (d) fails to obtain any required Company and/or Artist approvals hereunder; (e) fails to perform or otherwise breaches any contract with Artist and/or any other performer for any other engagement; (f) makes an assignment for the benefit of its creditors, files for bankruptcy, or otherwise becomes unable to pay its debts as they become due in the ordinary course of business; and/or (g) otherwise breaches any term of this Agreement; then, in addition to any other rights, claims and/or remedies which may be available to Company and/or Artist in law or in equity:
(i) Company shall have the right to terminate this Agreement, in which instance all rights previously granted hereunder shall immediately revert to Company and Artist, as applicable;
(ii) Company and Artist shall be entitled to retain any payments made by Purchaser hereunder as of the date of such breach;
(ii) Purchaser shall remain liable to Company for the full amount of all Compensation hereunder;
(iii) Company shall have the right to refuse to furnish Artist to perform the Performance;
(iv) any exclusivity restrictions set forth herein shall be deemed immediately lifted, waived, and no longer binding on Company or Artist; and
(v) neither Company, Agent nor Artist shall be liable to Purchaser for any damages, costs, expenses or losses of any kind whatsoever suffered by Purchaser as a result of the foregoing.
Rev. October 2023 Page 5 of 8
9.2 Force Majeure:
(a) Notwithstanding anything to the contrary contained herein, the Performance may be cancelled by either party due to any cause or occurrence beyond the reasonable control of the parties hereto that renders the Performance hereunder impossible or unsafe (each, a “Force Majeure Event”). A “Force Majeure Event” includes, without limitation: acts of God; severe or dangerous weather; acts of war; riot; fire; explosion; accident; flood; sabotage or terrorist act (or credible threat thereof); transportation failure or delay; then- current laws, court orders, regulations, requirements, or other governmental actions, including those related to communicable diseases, epidemics, pandemics or other dangers to public health, that ban or substantially limit mass gatherings, restrict travel to or from the market, cause a closure of the Venue, or otherwise substantially interfere with presentation of the Performance; injunctions or restraining orders; strike(s) or injunction (provided that neither party shall be required to settle a labor dispute against its own best judgment), illness, accident, or death to Artist or essential crew member or the death or terminal illness of a member of Artist’s family (including domestic partners), technical failures beyond the reasonable control of the parties hereto, or other causes of a similar or different nature beyond the reasonable control of the parties hereto. Neither Company nor Artist shall be held liable for any losses, costs or damages whatsoever suffered by Purchaser due to Artist’s failure to perform as a result of a Force Majeure Event.
(b) In the event that all or a portion of the Performance is cancelled due to a Force Majeure Event and but for the occurrence of such Force Majeure Event, Artist is willing and able to perform (regardless of Artist’s location at the time of such cancellation), Company shall be entitled to retain or receive, as applicable, within ten (10) days of the cancelled Performance, one hundred percent (100%) of the Compensation payable hereunder.
(c) Notwithstanding the foregoing, in the event Company and/or Artist is rendered unready or unable to perform due to a Force Majeure Event impacting Artist and not the Venue, but (i) such Force Majeure event takes place after tickets have gone on sale for the Event; (ii) Purchaser does not offer full refunds to all ticket holders as a direct result of the cancelled Performance; and (iii) Purchaser does not procure a replacement artist of similar stature, Artist shall be entitled to retain or receive, as applicable, fifty percent (50%) of the Guarantee. In the event of cancellation of the Performance due to a Force Majeure Event that impacts Artist and not the Venue but does not meet the criteria set forth in the preceding sentence, Company shall return to Purchaser all monies previously received hereunder less Artist's bona-fide, documented, reasonable, non- refundable expenses incurred directly in relation to the cancelled Performance.
(d) For the avoidance of doubt, in the event of cancellation due to a Force Majeure Event, regardless of whether Artist is willing and able to perform, Purchaser shall pay for all transportation, accommodations, and expense reimbursements due to Company pursuant to the Facing Pages.
10. SECURITY, SAFETY, AND INSURANCE:
10.1 (a) Purchaser shall be solely responsible to provide a safe environment for the Event including regarding the staging, stage covering, electrical grounding, supervision and direction of the Performance, and adequate security, so that the Performance and all persons and equipment are free from adverse weather and other unsafe conditions, situation and events (“Dangerous Conditions”). Dangerous Conditions include, without limitation, faulty or insufficient electrical power; inadequate (for the intended use) or unsafe construction or maintenance of staging; inadequate or unsafe stage barricades; inadequate Event and/or backstage security; rain penetration or any other hazardous condition which, in the reasonable opinion of the Company or Artist, may result in damage or injury to Artist or Artist’s equipment, or to anyone engaged or furnished by Artist, or to any other persons or equipment for whom or which Artist may be held responsible (including, without limitation, Purchaser’s non-compliance with any specific requirements as set forth in the Artist Rider). Purchaser shall be solely responsible and liable for, and shall indemnify and hold all of the Artist Indemnitees (as defined below) harmless from and against, any damage or injury caused by such Dangerous Conditions except to the extent such is solely and directly caused by Company’s or Artist’s negligence or willful misconduct.
(b) Purchaser shall be responsible for providing (or causing the Venue to provide) reasonable, adequate and industry standard stage barricades and security personnel for the presentation of the Event to ensure the safety of Artist, its crew, personnel, equipment and audience members, as determined by Purchaser and/or Venue in consultation with Artist’s authorized representative and at a minimum, in accordance with any specifications set forth in the Artist Rider with regard to backstage security; it being understood however that such security personnel are acting solely under the direction and control of Purchaser and/or Venue.
10.2 (a) Purchaser agrees to provide from the date hereof through completion of load-out of the Event, public and general liability insurance coverage (including automobile, liability and comprehensive) to protect against any claim for personal injury or property damage or otherwise brought by or on behalf of any third party, person, firm Rev. October 2023 Page 6 of 8
or corporation as a result of or in connection with the Performance and Event, including as a consequence of the installation and/or operation of the equipment provided by Artist. In addition, it is agreed that Purchaser shall maintain in effect a policy of workmen’s compensation insurance covering all of its employees and other personnel who are involved in the installation, operation and or maintenance of the equipment provided by Producer. The Purchaser further agrees to provide full insurance coverage for all equipment provided by Artist or Artist’s agents, contractors and employees against fire, theft, riot or any other type of act that would cause harm or damage to equipment. Without limiting the foregoing, in the event Purchaser has not paid an initial deposit of fifty percent (50%) of the Guarantee or more prior to Purchaser’s public announcement of Artist’s appearance at the Event, Purchaser shall be required to secure and maintain a commercially standard event cancellation insurance policy for the Event which does not exclude cancellation for a Force Majeure Event or an inclement weather cancellation with minimum coverage limits for the full extent of Purchaser’s financial obligations to Company and Artist hereunder, except for the following exclusions: acts of war; failure of means of transportation; terrorist act; governmental or court ordered laws, permitting, zoning, licensing or other city/municipal/state/parish issues, or other commercially reasonable exclusions. Purchaser shall supply Agent with certificates of insurance showing coverage of the above at least ten (10) days prior to the show date. However, if said certificate is not received by Agent prior to the above date, then Company at Company’s election may terminate this Agreement.
Company’s failure to request an insurance certificate evidencing the above-mentioned coverage shall not be deemed a waiver of the Purchaser’s obligation to maintain such insurance. If Company elects to furnish Artist to perform the Engagement and the certificates of insurance have not been received, Purchaser is still solely responsible for providing complete coverage as specified above and its indemnification obligations as set forth herein below.
(b) Purchaser shall obtain and maintain, from the date hereof through completion of the Engagement, general liability insurance coverage as required under sub paragraph 10.2(a) hereinabove which coverage shall be written on an “occurrence” form rather than on a “claims made” form, without any deductible applying and shall name Company, Artist, and Agent as additional named insureds in an amount of not less than Three Million Dollars ($3,000,000) per occurrence (but in no event in amounts less than the limits require by the venue) and workers compensation and employer’s liability insurance (including stop gap liability where applicable) with minimum limits of One Million Dollars ($1,000,000) per claim (but in no event in limits less than those required by law and/or less than the limits required by the venue and/or as set forth in the Artist rider, if any).
11. WARRANTIES, REPRESENTATIONS, INDEMNIFICATION:
11.1 Purchaser hereby represents and warrants that: (a) Purchaser has the full right, power and authority to enter into this Agreement and perform all of Purchaser’s obligations hereunder; (b) Purchaser has obtained and will maintain the insurance policies set forth in paragraph 10.2 herein above through the completion of the load-out of the Event and for thirty (30) days thereafter; (c) Purchaser shall comply with all laws and regulations of any applicable jurisdiction at all times, including, without limitation, all regulations and requirements of any union(s) that may have jurisdiction over any of the performance materials, facilities or personnel to be furnished by Company or Purchaser hereunder, including, but not limited to, the U.S. Export Administration Regulations, the U.S. International Traffic in Arms Regulations and regulatory and sanctions programs administered by the U.S.
Department of Treasury’s Office of Foreign Assets Control; and (d) Purchaser is solely responsible for making all payments hereunder; (e) Purchaser is financially solvent and generally able to pay its debts, including, without limitation, all amounts payable hereunder and otherwise in connection with the Event.
11.2 Purchaser shall indemnify and hold Company, Artist and each of Company’s and Artist’s respective affiliates, subsidiaries, contractors, employees, agents and assigns (collectively, the “Artist Indemnitees”) harmless from and against any and all claims, demands, losses, costs, expenses, damages of any nature whatsoever (including without limitation, attorneys’ fees, court costs and, damages to Artist’s equipment and/or damages for any loss of good will and injury to Artist’s reputation) (collectively, the “Claim Expenses”) arising out of or in connection with (i) the negligence or willful misconduct of Purchaser or any of Purchaser’s agents, employees, contractors, and/or designees; (ii) Purchaser’s breach of any representation, warranty or covenant under this Agreement, including, without limitation, Purchaser’s failure to properly obtain any required work permits or visas as required by law for Company to lawfully enter the country of Performance and render the Performance hereunder; (iii) any claim for personal injury or property damage or otherwise brought by or on behalf of any third party, person, firm, entity or corporation as a result of or in connection with the Performance and/or Event, which claim does not result directly from the gross negligence or willful misconduct of the Artist Indemnitees. Purchaser will repay Company upon demand for any Claim Expenses.
11.3 Without limiting the foregoing, interest at the highest rate permissible under the laws of the State of California shall accrue on any unpaid amounts hereunder from and after the date upon which such payment is due. In the event that Company and/or Artist incurs expenses in connection with collection of the Claim Expenses or otherwise in connection with the enforcement of Company’s and/or Artist’s rights under this Agreement, those Rev. October 2023 Page 7 of 8
costs and expenses shall be included in the Claim Expenses total and promptly repaid by Purchaser. For the avoidance of doubt, the Artist Indemnitees shall not be responsible for damage or injury to any patrons, or the venue, or any fixture or personal property therein, caused by fans or any others not engaged by Company or Artist.
12. DEFAULT, NOTICE AND CURE:
12.1 Except as otherwise expressly set forth herein, neither party to this Agreement shall be deemed to be in breach of any of its obligations hereunder unless the party not in breach serves specific written notice of such alleged breach upon the party in breach and the party in breach shall have failed to cure such breach, if any, within five (5) business days following receipt of such written notice, but in no event later than three (3) business days prior to the earlier of: (i) Artist’s scheduled departure to the place of the Performance or (ii) the date of Performance hereunder. Notwithstanding the foregoing, Purchaser must cure any late payments hereunder within twenty-four (24) hours following receipt of written notice of Purchaser’s failure to timely pay any amounts payable hereunder.
12.2 All notices to be given to either party hereto shall be in writing and shall be delivered to the addressee at the respective addresses hereinabove set forth, or such other address or addresses as may be designated by either party, by (i) mail (registered, or certified, return receipt requested, postage pre-paid); (ii) overnight courier with proof of receipt; (iii) telefax (with a copy by express courier service); or (iv) e-mail (provided recipient has responded by email or otherwise in writing to confirm receipt). Notices shall conclusively be deemed to have been given seventy-two (72) hours after the date of mailing or twenty -four hours (24) after the date of e- mail or other electronic transmission. The addresses of the parties, until further notice to the contrary, are as first written above.
13. MISCELLANEOUS:
13.1 This Agreement sets forth the entire understanding between the parties, oral or written, regarding the subject matter hereof, and supersedes all prior or contemporaneous negotiations or understandings between the parties.
No amendment, modification, or waiver of these Terms will be valid unless set forth in a written instrument signed by both parties hereto. Should any portion of this Agreement be deemed null and void under the law, the remainder shall remain in full force and effect.
13.2 In no event shall Artist Indemnitees be liable to Purchaser or any third party for any indirect, incidental, consequential, special, punitive or exemplary, or any similar damages, including, without limitation, lost profits, loss of revenue or income, cost of capital, or loss of business reputation or opportunity, as to any matter hereunder, relating to or arising out of the Performance, the Event, or the transactions contemplated under this Agreement, whether in contract, tort or otherwise, even if Company and/or Artist has been advised of the possibility of such damages. Under no circumstances shall the liability of Artist Indemnitees exceed, in the aggregate, an amount equal to the lesser of (i) the amount of reasonably necessary out -of-pocket expenses directly incurred by Purchaser in connection with the Performance; or (ii) the amount of the Guarantee which Company or Artist have actually received in accordance with the terms of this Agreement.
13.3 Nothing herein shall be construed as to constitute the parties hereto as a partnership or joint venture, nor to make Company and/or Artist liable in whole or in part for any obligation that may be incurred by Purchaser in Purchaser’s carrying out any of the provisions hereof or otherwise.
13.4 This contract shall be governed by and construed under the laws and judicial decisions of the State of California. All claims and disputes arising out of the interpretation, performance or breach of this Agreement shall be submitted exclusively to the jurisdiction of the courts of the State of California (state and federal) located in Los Angeles County; provided however if Agent and/or Artist is sued or joined in any other court or forum in respect of any matter which may give rise to a claim by Agent or Artist hereunder, Purchaser hereby consents to the jurisdiction of such court or forum over any such claim which may be asserted by Company and/or Artist. The prevailing party in any legal action (after all appeals have been taken or the time for taking such appeals has expired) brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies available to it at law or in equity, to reimbursement for its costs and expenses (including court costs and reasonable fees for outside attorneys and expert witnesses) incurred with respect to the bringing and maintaining of any such action. The term “prevailing party” for the purposes of this paragraph shall include a defendant who has by motion, judgment verdict or dismissal by the court, successfully defended against any claim that has been asserted against it.
13.5 Purchaser hereby acknowledges that Agent is only responsible for procuring bookings and assumes no liability hereunder and, in furtherance thereof and for the benefit of Wasserman Music, LLC, it is agreed that Rev. October 2023 Page 8 of 8
neither Purchaser nor Company or Artist will name or join Wasserman Music, LLC or any of its officers, directors, principals, agents, employees or representatives as a party in any civil action or suit arising out of or in connection with this Agreement or any breach of contract by Company or Artist hereunder or under any other agreement between Company or Artist and Purchaser.
13.6 This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute the same instrument. The counterparts of this Agreement may be executed and delivered by electronic or digital means and the receiving party may rely on the receipt of the electronically or digitally signed or delivered document as a binding and enforceable agreement. Facsimile and/or scanned copies hereof shall be deemed to be originals.
13.7 Purchaser may not transfer or assign this Agreement or any rights, interests or obligations without the prior written consent of Company. Any assignment in violation of the foregoing shall be void ab initio.
13.8 THE PERSON EXECUTING THIS AGREEMENT ON PURCHASER'S BEHALF WARRANTS HIS/HER
AUTHORITY TO DO SO, AND SUCH PERSON HEREBY PERSONALLY ASSUMES JOINT AND SEVERAL LIABILITY WITH PURCHASER FOR THE PAYMENT OF ALL COMPENSATION DUE HEREUNDER IN FULL.
13.9 To the extent that any terms contained in the Facing Pages of this Agreement conflict with those contained in these Additional Terms and Conditions, the terms in the Facing Pages shall control and supersede.
LeAnn Rimes Rider – 2022
For Performance with Full Band
(Updated 4/5/24)
Rider to agreement-d ated between LeAnn Rimes hereinafter referred to as ARTIST and hereinafter referred to as BUYER.
To the BUYER of this production, please understand that the items required below are necessary for LeAnn Rimes to provide the best possible show for the BUYER and his/her patrons.
In order to fully understand our production, please examine all parts of this rider. After reading each page, BUYER is asked to initial in the space provided at the bottom left of each page. Failure to provide initials will constitute BUYER'S acceptance of all conditions set forth on set page.
BUYER and/or BUYER'S Representative agree that any changes regarding stage call times, personnel or production requirements, including other parties’ will be subject to approval by ARTIST or ARTIST'S Representative.
BUYER and/or BUYER'S Representative must be present from first call time of the day until completion of load-out.
Please forward any and all information contained within to the appropriate parties concerned (staging, sound, catering, etc.).
Prodigy Touring Corporation
c/o
Alyssa Zeman | Account Manager
[email protected]
PDT Business Management
13801 Ventura Boulevard | Sherman Oaks, CA 91423
818-793-5703 voice | 818-793-5725 fax
Fed ID # 75-2853062
Table of Contents
City of Cathedral City
LeAnn Rimes Rider – 2022
Key Personnel & Contacts ............................................................................................. Page 3
1. Advertising/Publicity
2. Interviews/Appearances
3. Radio Station Co-Presents
4. Admission to Performance
5. Complimentary Tickets
6. Opening Acts ................................................................................................................... Page 4
7. Sponsorships
8. Payments
9. Additional Terms
10. Force Majeure ................................................................................................................ Page 5
11. Cancellation
12. Assignment
13. Choice of Law/Forum
14. Merchandise Sales
15. Passes .............................................................................................................................. Page 6
16. Subsequent Terms
Inclement Weather Recording
Insurance ......................................................................................................................... Page 7
17. Agreements
18. Confidentiality ................................................................................................................ Page 8
19. Production Notes
20. Stage Requirements ........................................................................................................ Page 9
21. Local Labor
22. Security .......................................................................................................................... Page 11
23. Catering ......................................................................................................................... Page 13
24. Hospitality .................................................................................................................... Page 15
25. Audio Requirements for a Fly Date ............................................................................ Page 16
TOUR CONTACTS
LeAnn Rimes Rider – 2022
AGENCY
WASSERMAN MUSIC
AGENTS: Seth Malasky and Matt Runner
PH: 615-251-4400
[email protected]
[email protected]
MANAGEMENT
Darrell Brown
(310) 678-7648
[email protected]
PUBLICITY
[email protected]
Samantha Steuer
Sunshine Sachs
(212) 691-2800
TOUR MANAGEMENT/PRODUCTION
Shamus Bacon
(615)-289-4025
[email protected]
BUSINESS MANAGEMENT
PTD BUSINESS MANAGEMENT
13801 Ventura Boulevard | Sherman Oaks, CA 91423
818-793-5703 voice | 818-793-5725 fax
[email protected]
1. ADVERTISING/PUBLICITY/BILLING
LeAnn Rimes Rider – 2022
ARTIST to receive one-hundred percent (100%) sole billing, {unless artist is booked as support in which case shall be 75% special guest star billing} including, but not limited to, radio and television spots, programs, flyers, signs, lobby boards, and marquees. No other name or photograph shall appear in larger type with respect to size, thickness, boldness, and prominence of type accorded LeAnn Rimes. The official photograph to be used in all publications and/or advertisements will be sent from Management to BUYER by arrangement with ARTIST and/or ARTIST'S Representative.
2. INTERVIEWS/APPEARANCES
ARTIST and/or ARTIST'S Management reserves the right of approval, in writing, of any and all radio, television, newspaper, and/or magazine interviews made in conjunction with PERFORMANCE. Pre approved admats/radio spots/ tv spots are available from True Public Relations – 323-957-0730. BUYER further agrees not to commit LEANN RIMES to any personal appearances, interviews, photos, meets and greets, or any other type of promotional appearance without prior written consent of ARTIST'S Management.
3. RADIO STATION CO-PRESENTS
When ARTIST is headlining, all radio station co- promotions shall be approved by ARTIST management and record label. BUYER must submit a media plan, including all radio time buys, giveaways, promotions and contests to ARTIST'S management, Attention: Darrel Brown – [email protected]. No on-st age banners.
4. ADMISSIONS TO PERFORMANCE
Admission for PERFORMANCE hereunder shall not be restricted due to race, gender, age, religion, color, creed, or the elements thereof.
5. TICKET HOLDS (PRE-SALE) AND COMPLIMENTARY TICKETS
Buyer shall provide ARTIST with 50 for Artist Comps - and/or cover charges, if applicable, per show segment of PERFORMANCE, located near the center of the house within the first Twenty (20) rows. These tickets are to be pulled prior to tickets going on sale. In the case of a general admission ticket, with no assigned seating, the BUYER shall provide, for the ARTIST’S guests, a sectioned off, VIP area. Any unused tickets will be returned and may be placed on sale the day of PERFORMANCE.
6. OPENING ACTS
When the ARTIST is headlining, the appearance of another act or acts on the same bill as ARTIST shall be subject to ARTIST and/or ARTIST'S Manager's approval. Length of said act’(s) set shall be predetermined to allow for adequate time to rearrange the stage between performances and still allow ARTIST to perform entire show at designated time. And no act may perform to pre -recorded audio tracks, without the written approval by ARTIST’S Management.
BUYER shall indemnify and hold ARTIST harmless from any and all liability for damage to any and all equipment owned by, placed on stage by, or used by any other acts. ARTIST shall, in ARTIST'S sole discretion decide whether any opening acts(s) shall use any of ARTIST'S equipment.
EMILY WEST – 4-5PM
7. SPONSORSHIP
LeAnn Rimes Rider – 2022
All forms of sponsorship, whether part of an ongoing series or specifically for ARTIST'S PERFORMANCE, must be authorized in writing by ARTIST'S Manager prior to PERFORMANCE.
ARTIST retains right to have a sponsor.
8. PAYMENT
Payment to ARTIST for PERFORMANCE shall be made, in full to ARTIST’S Tour Manager, Charly Salvatore, prior to PERFORMANCE. Said payment shall be made only by cash or cashier's check: Payable to Prodigy Touring Corp., c/o 700 12th Avenue South, Suite 201, Nashville, TN 37203. In case payment or any part thereof of PERFORMANCE hereunder is based on a percentage of gross admission receipts, then such gross admission receipts shall be computed on the actual full admission price provided on each ticket, and, in the absence of prior written agreement by ARTIST, no ticket shall be offered or sold at a discount or premium . In the case of payment being based on percentages, as set forth above, no more than 30 (thirty) complimentary tickets shall be offered or given away by BUYER, and no one authorized by BUYER shall be allowed into any part of PERFORMANCE venue without a ticket for free without ARTIST'S and/or ARTIST'S Manager's prior written consent, with exception of ARTIST'S complimentary tickets.
In case of payment being based in whole or in part on a percentage of gross receipts, ARTIST'S Tour Manager, Shamus Bacon, or ARTIST representative shall be allowed to be present in the box office at all times and shall be permitted to inspect ticket sales and otherwise determine gross receipts at the conclusion of each segment of PERFORMANCE or at the end of PERFORMANCE at ARTIST'S sole option.
In case of payment being based in whole or in part on a percentage of gross admission receipts, BUYER agrees to have on hand, at the place and time of PERFORMANCE, for counting verification by ARTIST'S Representative, all unsold tickets.
Except as hereinabove provided for, ARTIST shall be compensated for all seats shown as complimentary tickets. Unless an unsold ticket is shown to ARTIST'S Representative, it shall be deemed that BUYER has sold a ticket for that seat at the highest price for which that seat could have sold.
9. ADDITIONAL TERMS
If before the date of any scheduled PERFORMANCE it is found that BUYER has not fully performed his obligations under any other Agreement with any party for another engagement or PERFORMANCE or that the financial credit of BUYER has been impaired, ARTIST may cancel this agreement, without any penalty to, or liability by ARTIST whatsoever. In the event that BUYER does not perform fully all of his obligations herein, ARTIST shall have the option to perform or refuse to perform hereunder, which PERFORMANCE or refusal to PERFORM shall not be a waiver of any other remedies that ARTIST may have against BUYER, and BUYER shall be liable to ARTIST for damage, including but not limited to reasonable attorney's fees and costs, in addition to the compensation provided for herein.
10. FORCE MAJEURE
ARTIST'S obligation to furnish the PERFORMANCE hereunder, or any portion thereof referred to herein is subject to detention or prevention by sickness, inability to perform, accidents, means of transportation, acts of God, riots, strikes, labor difficulties, epidemics, any act or order of public authority, or any cause similar or dissimilar beyond ARTIST'S control, which, in ARTIST'S sole determination, would prevent or interfere with the presentation of the PERFORMANCE. ARTIST to make best attempts to reschedule a mutual make-up date. ARTIST not responsible for costs connected with non-performance.
11. CANCELLATION
LeAnn Rimes Rider – 2022
BUYER agrees that Artist may cancel the engagement hereunder, at ARTIST’S sole discretion, by giving BUYER notice thereof at least thirty (30) days prior to the commencement date of the engagement hereunder.
12. ASSIGNMENT
BUYER shall not have the right to assign this Agreement or any provision thereof. Nothing herein contained shall be construed as to constitute the parties hereto as a partnership or joint venture, or that the ARTIST shall be liable in whole or in part for any obligation that may be incurred by BUYER in BUYER'S carrying out, or failing to carry out, any provisions hereof or otherwise. The person executing this Agreement on BUYER'S behalf warrants his authority to do so.
13. CHOICE OF LAW/FORUM
In the event of any default, dispute, or breach of this Agreement requiring court action, the prevailing party shall be entitled to recover reasonable attorney's fees, expenses, and court costs. The parties hereto consent to venue in Davidson County, State of Tennessee, in any such court action.
14. MERCHANDISE SALES
ARTIST and/or ARTIST'S Representative shall have the sole and exclusive right, though not the obligation, to sell ARTIST'S products. BUYER further agrees and warrants that there shall be no sale or other distribution of recordings and/or other souvenir materials/products other than by ARTIST and/or ARTIST'S Representative at the PERFORMANCE without the prior written consent of ARTIST'S Manager.
BUYER agrees to provide adequate space for ARTIST'S Representative to vend ARTIST'S products.
ARTIST and/or ARTIST'S Representative, at ARTIST and/or ARTIST'S Representative sole discretion, will determine location of ARTIST vending area. BUYER will provide ARTIST and/or ARTIST Representative with four (4) six (6') foot long heavy duty tables and two folding chairs for the use in displaying and selling ARTIST'S products. ARTIST and/or ARTIST'S Representative may sell ARTIST'S products before, during, and after PERFORMANCE. No percentage of sales receipt or other fee shall be paid by ARTIST and/or ARTIST'S Representative to BUYER on any sale of ARTIST'S products. BUYER shall not be entitled to free items unless agreed upon in advance by ARTIST.
No “event shirt” or program or any material bearing ARTIST’S name and/or likeness shall be printed, produced or distributed without the prior written consent of ARTIST, which may be withheld at the sole discretion of ARTIST.
15. PASSES
All members of ARTIST’S entourage will display a laminated pass. Only persons wearing this pass will be permitted on stage or in the dressing room area. All passes will be provided and controlled by the ARTIST’S representative. No other passes will be permitted. Everyone must wear a pass at all times. Persons abusing pass privileges are subject to ejection. A sample pass sheet will be distributed to the head of security and the first security guard on duty. Pass privileges will be discussed in detail at a security meeting, one hour prior to doors.
16. SUBSEQUENT TERMS
LeAnn Rimes Rider – 2022
a. Inclement Weather
In the event of rain or other weather conditions, which might interfere with the PERFORMANCE, the parties will mutually determine whether PERFORMANCE will proceed. However, in the event that the PERFORMANCE is not held by reason of any such weather condition, BUYER shall pay ARTIST full amount designated in the contract between the parties. BUYER understands and agrees the ARTIST WILL NOT PERFORM ON A WET STAGE.
Not withstanding the provision in the paragraph above, in the case of an outdoor PERFORMANCE, should lightening or other dangerous weather conditions be visible from PERFORMANCE site, ARTIST may, at ARTIST'S sole option, refuse to perform and/or discontinue PERFORMANCE, and BUYER shall pay ARTIST full amount provided for in the contract between the parties.
b. Recording
BUYER will not permit visual recording or visual broadcast of all or any part of the PERFORMANCE without the express prior written consent of ARTIST'S Manager. No portion of this PERFORMANCE may be broadcast, recorded, filmed, taped, web casting or embodied in any form, for any purpose, without the prior written consent of ARTIST'S Manager. BUYER will deny entrance to any person carrying any video recorder.
c. Insurance
BUYER agrees to provide comprehensive general liability insurance having a current A.M. Best’s rating of not less than A Excellent, including, without limitation, coverage to protect against any and all bodily injury, property damage, personal injury, liquor liability, claims related to The American Disabilities Act and third party claims to persons or property as a consequence of the installation and/or operation of the equipment and instruments provided by Producer and/or its employees, contractors and agents. Such liability insurance shall be in the amount required by the venue, but in no event shall have a limit of less than One Million Dollars ($1,000,000.00) combined single limit for bodily injury and property damage per occurrence with any deductible to be paid by BUYER. Such insurance shall be in full force and effect at all times ARTIST or any of Producer's agents or independent contractors are in place of performance. ARTIST and its agent for the Engagement, Wasserman, shall be listed as additionally - named insurers under such insurance and this shall be indicated on the pertinent certificate of insurance. BUYER agrees to provide a policy of Workman's Compensation covering all of the BUYERS employees or third-party contractors. The Worker’s Compensation Insurance should be shown on the required Certificate of Insurance.
Certificates of insurance relating to the coverage listed above shall be furnished by BUYER to ARTIST at least fourteen (14) days prior to the Engagement. Certificates are to be sent to:
BUSINESS MANAGEMENT
PTD BUSINESS MANAGEMENT
13801 Ventura Boulevard | Sherman Oaks, CA 91423
818-793-5703 voice | 818-793-5725 fax
[email protected]
ARTIST'S failure to request or review such insurance certificates shall not affect ARTIST'S rights or Purchaser's obligations hereunder. The Purchaser warrants that he has complete and adequate public liability insurance.
LeAnn Rimes Rider – 2022
BUYER shall indemnify, save, and hold harmless ARTIST and ARTIST’S present and future officers, principles, representatives, affiliates, licensees, agents, employees, musicians, crew, attorney, accountants, successors and substitutes, from and against any and all legal claims, demands, debts, liens, damages, liabilities, costs, expenses (including attorneys’, paralegals’ and accountants’ fees and costs and court costs, whether or not litigation is commenced) and judgments arising out of or in connection with any breach or alleged breach by BUYER of any implied or actual representation, warranty or agreement made by BUYER herein, any claim by a third party with respect to BUYER’S obligations pursuant to any agreement(s) directly or indirectly related to the concert event(s) (including, without limitation, the concert performance(s) hereunder) and/or the advertising and promotion thereof, or any bodily injury, death, or loss of or damage to property in any way related to the concert event(s) (including, without limitation, the concert performance(s) hereunder) or any authorized or unauthorized acts(s) or omission(s) of BUYER or BUYER’S employees, agents or independent contractors retained by BUYER, including the facility and the site of the concert event(s). Without limiting the generality of the foregoing, BUYER is responsible for the security and safety of each concert, the facility and site and it’s immediate vicinity, including the security and safety of ARTIST, ARTIST’S musicians and crew, ARTIST’S entourage, audience members, the facility and site personnel and any invitees or attendees.
17. AGREEMENTS
This Agreement, LeAnn Rimes’ Production Rider and the aforesaid Contract constitute the entire agreement between parties hereto and may not be changed. Agreement shall be construed in accordance with the laws of the State of Tennessee. Nothing in this agreement shall require the commission of any act contrary to law or PERFORMANCES hereunder or any element thereof, and wherever or whenever there is a conflict between any provision of this Agreement, and any such law, rule or regulation, then that law, rule or regulation prevails, and this Agreement shall be curtailed, modified, or limited only to the extent necessary to eliminate such conflicts. If any provision of this Agreement shall be prohibited by law, or by court decree, or by impossibility of PERFORMANCE, that provision shall be ineffective to the extent of such prohibition without in any way invalidating or affecting the remaining provisions of the Agreement.
The captions in this Agreement are inserted for convenience of reference only, are not part of this Agreement, and in no way define, describe, or limit the scope or intent of this Agreement.
This Agreement is void at ARTISTS sole option, unless executed by BUYER and returned to ARTIST within three (3) weeks of issuance.
18. CONFIDENTIALITY
Financial terms and conditions of this contract have been agreed upon based on exact capacity, ticket price and gross potentials as stated on the face of this contract. Such financial terms and conditions are considered privileged and confidential and public and/or media disclosure is strictly prohibited. BUYER shall not report box office receipts, ticket sales, or otherwise disclose any information with regard to this engagement without the express written consent of management.
BUYER ART
IST
ACCEPTED AND AGREED: ACCEPTED AND AGREED:
BY: CHARLES MCCLENDON, CITY MANAGER
CITY OF CATHEDRAL CITY
BY: PRODIGY TOURING CORP.
LeAnn Rimes Rider – 2022
19. PRODUCTION NOTES
***UNLESS A FLY DATE*** OR ADVANCED AS SO- ARTIST supplies own:
• Audio except for racks, stacks & motors
• Risers and flooring
A. Transportation/ Parking
One (1) 53 foot trailer w/ tractor.
Two (2) 45 foot tour busses – each w/ 220 volt, 50 amp single phase service.
B. Dressing Rooms
Three (3) clean, well -lit lockable dressing rooms are needed. One for LEANN RIMES, one for her band members and one for crew members. Please have couches/seating. They should have restrooms and shower facilities (full length mirror, hot water, soap, and 24 bath towels should be made available in total). Dressing room should be heated or air -conditioned to maintain a temperature between 65 and 75 degrees with a window that opens, if possible. 110v electrical power is needed for tuning. ARTIST will not be required to share this room with any other performer or crew. For dressing room catering requirements, see Catering Rider.
It is unde r
stood that some venues will not have these facilities. Please advise ARTIST'S Production Manager upon advancement.
C. Production Office
Clear work area for four (4) people to set up computers and work stations. Three (3) phone lines requested.
One for fax. Cost of phone lines are to be approved by the Tour Manager, during the advance.
20. STAGE REQUIREMENTS
Dimensions
A. *******SUBJECT to flexibility PER ADVANCE******** 60' wide x 48' deep x 5' high provided by PURCHASER. The stage must be capable of supporting 250 pounds per square foot. The surface must be smooth and free of holes and protrusions and skirted in black material. At least twelve (12) feet of clearance must be left on all sides of the stage to clear height of twenty (20) feet. If this requires moving hockey dashers or other obstacles to conform to fire law requirements, then it must be done prior to stage call. All glass must be removed from dashers as well. The stage must be placed a minimum of eight (8) feet off the back wall, six (6) feet at corners and clear to steel overhead.
B. Sound Wings
16' wide x 16' deep @ stage height both stage left and right. Sound wings should not be connected to the main stage.
C. Follow Spots
PURCHASER is to provide four (2) SUPER TROUPER (ZENON) follow spots in perfect working order.
Each arm clamp is to be equipped with color boom for six (6) color frames, a working iris, adjustable objective lens. Follow spots must come with an excess of four (4) trims per lamp. Colors for super troupers will be supplied by the show.
D. Rigging – PLEASE CONTACT MERCADO TECHNOLOGICAL SOLUTIONS Please notify PRODUCER Production Manager immediately if there will be any problem whatsoever with flying equipment in your building. All riggers must have drop lines, belts and other necessary equipment.
Also, the venue should provide a rigging diagram as soon as possible via/fax.
Text
LeAnn Rimes Rider – 2022
E. House Lights
Should the house lights be controlled from a separate booth, the operator must be on the communication circuit at least fifteen (15) minutes before show time and continuously during the show. At no time should the house lights come up during ARTIST performance, unless authorized by PRODUCER Lighting Director or Production Manager.
F. Cover – PLEASE CONTACT MERCADO TECHNOLOGICAL SOLUTIONS For stage, house mix area, monitor mix area stage left and dimmer area stage right are required on ALL OUTDOOR SHOWS.
G. Out
door Show Only
One (1) 60' x 48' x 5' stage fully covered including (sides and rear with 73% wing screen and fully deck around all towers).
Two (2) 30' x 30' x 5' sound wings (with a minimum of 20' x 20' cover tents are o.k. area on each wing) WITH TOE RAILS ON BACK/SIDE EDGES.
Two (2) Stair units with hand rails (and lighted).
One (1) 60' x 48' load bearing roof with a 30,000 lbs minimum capacity with 60’ clear span between upright towers.
One (1) 24' x 36' x 42" high loading dock (placement determined by production manager).
One (1) 24' wide x 16' deep x 1’h (riser at house for sound) One (1) 12' wide x 8' deep x 2' h (riser at house for lights) -- OR--
One (1) House Mix Riser 24' wide x 20' deep x 1' h Mix position for touring sound & lighting console only and must be fully covered. – PLEASE CONTACT MERCADO
TECHNOLOGICAL SOLUTIONS
Two (2) Golf carts for production and tour manager
All staging must be capable of supporting 250 lbs per square foot. The surface must be smooth and free of holes and protrusions and must be skirted in black. ALSO, STAGING, WINGS AND DOCK TO HAVE TOE RAIL AND OR HAND RAIL AND TWENTY (20) SHEETS OF 1/2" PLYWOOD TO BE
PLACED DAY OF SHOW ON GROUND FOR STORAGE OF CASES AND OR WALK WAYS TO STAGE.
H. Power
LIGHTS: On e (1) 400 amp 3 phase service 5 wire. Power must be located within seventy-five (75') feet of stage right. Lugs should be sufficient size to accommodate 2 runs of 4/0 bare ends without removal of any copper.
SOUND: One (1) 200 amp 3 phase service 5 wire. Separate transformer service and earth ground. Power to be located within seventy five (75') feet of upstage left. Lugs same as above.
VOLTAGE: Sha ll vary no more than five percent (5%) from voltage with no current drain when full current is drawn.
DISCONNECT LOCATION: Adequate fusing, spare fuses; disconnect switch and terminals suitable for attachment to 4/0 cables with lugs will be required at this source.
All
power hookups have to be 120-208 volts, 3 phase "Y" with neutral and ground.
GENERATOR POWER: I f generator power is needed, we will need two (2) 150 KW and one (1) service technician with Generator Company to be on show site until load out is done.
LeAnn Rimes Rider – 2022
I. Set-up Time
Buyer will ensure that the sound system is SET-UP and OPERABLE upon ARTIST Load in and a minimum of six (6) hours prior to the start of the sound check. It is also understood and agreed that ARTIST may check sound during said period of six (6) hours prior to start of the PERFORMANCE at a time solely determined by ARTIST and will maintain the system in working order throughout the PERFORMANCE.
Artist SET-UP time does not include the sound and lighting reinforcement set -up time. Sound and lights should be up and running upon ARTIST’S crews arrival for load-in.
J. System Control
ARTIST'S Representative will, at all times, have control over the sound mixing & house volume.
21. LOCAL LABOR ********PER ADVANCE********
Buyer will provide, at his sole cost and expense, the following labor:
Labor Call Load-In Show Load-Out
Loaders 4 - 4
Forklift operator 1 - 1
Stagehands 8 4 (deck) 12
Electrician 1 1 (house lights) 1
Runner (1 in van) 2 2 2
Spot Operators – 2 -
Riggers – - -
Steward 1 1 1
A. Loaders- If loaders overlap as stagehands, a total of four is required.
B. Stagehands- There should be no overlap between duties of stagehands, security, and ushers.
Maintaining a consistent crew is critical in that a smoother load-in and load-out is possible.
C. Electrician- Unless electrician is a separate labor call (building staff, contract electrician, required union electrician), this position can be filled and included as one of the stagehands.
D. Spot Operators- Requires four (4) experienced personnel. ****Runners- TWO (2) runners of legal age to operate one (1) 15-passenger van (at our disposal all day long) and one (1) SUV type vehicle (at our disposal all day long). Runner's vehicle should be in good working order. The runner should have no overlapping duties. The runner must be able to handle money and be responsible for the money handled.
22. SECURITY
A. From the beginning of the load in to the end of the load out a. One (1) security person at each load in door, back door, stage, or venue access. If trucks and busses are separated or out of view 1 security person must be assigned to trucks and band/crew busses. b. One (1) person specifically assigned to LeAnn Rimes bus from arrival at venue to departure at end of night.
c. Request no armed officers.
B. 1:00pm
a. All passes must be worn visibly from 1:00pm forward. No exceptions. b. Only LeAnn Rimes personnel will be allowed in the venue during sound check while LeAnn is onstage.
LeAnn Rimes Rider – 2022
C. 4:00 pm
a. Request Main Supervisor for event to be at venue.
b. One (1) person for LeAnn Rimes Band dressing room. The same person will stay until all band members leave the venue.
c. Security meeting between local security supervisor, venue manager, and tour manager.
D. 60 Minutes prior to doors opening
a. Personnel provided for adequate bag check and door search. Males will search males, females will search females. No cameras (with professional lenses) of any kind are allowed, no weapons, no bottles/cans, no video cameras, and no recording devices. Suspicious items will be confiscated.
Posted signage is required in all public venue entryways. b. Two (4) persons required at front of stage, one at each end of stage securing wings; inside 6’ barricade when applicable.
c. One (1) person at each access point to the backstage area checking passes d. One (1) person at any access point that is applicable e. One (1) person for stage access stairs if applicable f. A minimum of One (1) Emergency Medical Technician
E. After Show
a. One (1) person to stay until all equipment is loaded and crew has left the venue.
F. Overnight
a. If ARTIST is doing two (2) or more PERFORMANCES in one (1) location, or if an early load- in situation requires ARTIST and band to leave equipment at venue overnight, BUYER to provide an additional security person from the official time of the work ends until the official time the work begins the following day ARTIST'S Representative will provide specific times.
G. Instruments
a. BUYER will be liable for any damage to and/or theft of, ARTIST and ARTIST'S band's/crew's personal instruments and property that is directly attributable to negligence on the part of BUYER and/or BUYER'S Representative should damage and/or theft occur during the said period from load-in until load-out is completed after ARTIST PERFORMANCE.
H. Veh
icles
a. BUYER WILL BE liable for any damage to and/or theft of and/or from ARTIST'S buses or trucks that is directly attributable to negligence on the part of the BUYER and/or BUYER'S Representative should such damage and/or theft occur while said buses or trucks are at the PERFORMANCE premises during said period from load- in until load -out is completed after ARTIST'S PERFORMANCE.
LeAnn Rimes Rider – 2022
LeAnn Rimes Catering / Hospitality Rider
23. CATERING
All Day Beverages for fifteen (15) people + local production crew and staff. Assorted Sodas, Bottled Water (NO PLASTIC), Coffee, Hot Tea (Beverages should be based on consumption and refreshed as needed.)
If local or union crews are to be fed during the day, amounts must be suitably increased to accommodate them. Otherwise a separate set up of coffee and donuts, water and fruit juices to be supplied in the load in or local crew area.
LUNCH: BUYOUT AT $1,000
Typically 12:00 p.m. for approximately fifteen (10) people. No Styrofoam plates or cups, please!
Menu Suggestions:
*****MENUS SENT OUT DURING ADVANCE******
Whichever menu is chosen, the following is ALWAYS to be included:
• Fresh Green Salad, of at least 4 vegetables.
• Cheese tray, 3 kinds of cheese (not processed).
• Lettuce, sliced tomatoes and onions
• Selection of homemade salad dressings.
• Chicken salad, tuna salad for (6) persons.
• Fresh fruit or fruit salad (not canned)
• Cookies or other dessert Drinks:
• 1 Gal. Milk
• Two (2) cases of .5 liter bottle Fiji Water
• 2 Six-packs Coke (12 oz. cans)
Continued soft drink, coffee and hot water tea service as above.
DINNER: BUYOUT AT $1,500 WITH LOCAL MENUS
Dinner Menus will be sent out during advance
Typically at 5:00 p.m. for approximately fifteen (15) people.
Production Manager will determine the dinner menu with Purchaser’s Representative in advance. Dinner will consist of at least three (3) main entrees, one (1) meat, one (1) fish (grilled or roasted – not fried) and one (1) vegetarian entrée. Production Manager will advise on number of additional vegetarian meals.
In addition to above, entrees dinner will ALWAYS include:
• Two (2) hot fresh steamed vegetables not in sauce or butter • Fresh salad of at least four (4) vegetables with assorted dressings on the side • Fresh fruit salad
LeAnn Rimes Rider – 2022
• Potatoes or brown rice
• Bread (White, Whole Wheat, or Dinner Rolls)
• Two (2) kinds of dessert (freshly made)
• Utensils & Dinnerware (Not plastic or Paper)
24. HOSPITALITY
A. Stage Left for Sound Check
• One (24 bottles) case of GLASS Bottle Water Aquapana, Evian, VOSS etc) • Ten (10) hand size towels
B. Band Dressing Room (Half hour prior to sound check)
• One Charcuterie board for 6 (Not prepackaged please)
• Two (2) bags of tortilla chips w/ Salsa
• Fresh Fruit – (Apples, Bananas, Blueberries)
• 3 Bags Oberto All Natural Beef Jerkey
• ½ Pound Dark Chocolate covered Almonds
• 12 GLASS Bottle Water FIJI Aquapana, Evian, VOSS etc) • 2 20 OZ Bottles of Gatoraide (Lemon Lime or Fruit Punch) • 6 Pack la croix or waterloo, not picky about flavors
• 6 pack of Pepsi
• 6 pack of Local IPA
• 6 pack of Corona Light
• 1 750ml bottle Makers Mark
• 1 750ml bottle Titos Vodka
C. LeAnn Rimes Dressing Room (Half hour prior to sound check) LeAnn Rimes Dressing Room (By 1:00PM)
1 (ONE) wooden rocking chair (Any style any color)
1 Full length mirror
One (1) Professional Grade Clothing Steamer
Organic kiefer
good culture cottage cheese (low fat)
organic salami & turkey slices
1 vanilla cocoyo
organic blackberries & raspberries
organic pecan halves
LeAnn Rimes Rider – 2022
orange & watermelon celcius
honest iced tea - unsweetened
• Organic Honey
• organic mara natha smooth peanut butter
• Organic Fruit – (Honey Crisp apples, Pears, Bananas, Blueberries, Raspberries, and Peaches)
• Organic Tea, Chamomile, Green and Rooibos
• Unsweetened flax milk with protein (if they don’t have it then Almond pls) • 1 6pk. Corona Lite w/ Limes
• Miltons Gluten Free Baked Crackers Sea Salt
• Fresh brewed coffee
• Three (3) whole lemons w/knife and cutting board
• GLASS Bottle Water Aquapana, Evian, VOSS etc)
• 1 bottle Don Julio 1942 Tequila or Don Julio Anejo
• Mucinex DM
• Excedrin Extra Strength
• Gaviscon
• 6 white cloths
D. After Show: BUYOUT AT $250 WITH LOCAL MENUS
• Tour Manager will determine Day of Show.
• Local take menus should be available to make choices. • Any Local fare that has been on a Diner, Drive-Ins & Dives type of show (interesting food from the area is necessary)
E. LeAnn Rimes Bus:
• 25 lbs of Ice
• 1 case of .5 liter bottle Fiji Water
F. Band & Crew Bus:
• 20 lbs of Ice
• 1 bag of Lays chips
• 1 bag of tortilla chips w/ salsa
LeAnn Rimes Rider – 2022
• 2 GLASS Bottle Water Aquapana, Evian, VOSS etc)
• 1 case Dr. Pepper
• 1 6 pack of Corona Light
• 1 6 pack of IPA
• 1 750ml bottle Makers Mark Bourbon
• 1 package of Travel Coffee Cups
• 1 package of Red Solo Cups
25. Audio Requirements for a FLY DATE
BUYER understands and agrees that to maintain the high standards of ARTIST'S sound reproductions, it is necessary that "state of the art" equipment be used for every LEANN RIMES performance. BUYER will provide said "state of the art" equipment for PERFORMANCE. BUYER may obtain a list of acceptable sound contractors and acceptable equipment from ARTIST'S Production Mgr, Shamus Bacon.
A. House Sound System
House mixing console - minimum of fifty-two (52) channels. Preferred consoles are:
a. AVID S6L
b. YAMAHA PM RIVAGE
c. CL5
d. PROFILE/SC48
No other co nsoles are acceptable ***NO M32/X32 ETC unless approved in writing by ARTIST'S Production Manager
House sound system should be set up in stereo with Stereo one- thi rd (1/3) octave BSS or KT equalizer. If near-fill speakers are needed for down stage/balcony, rear or side coverage, additional equalizers and delays & rigging etc. should be supplied for each system. All seated areas must be properly covered.
Flown Line array preferred: L’Acoustics,Vertec, V -Dosc, Meyer K1, K2, D&B, Nexo, etc. NO PROPRIETARY SYSTEMS. NO DAS NO RCF
Speaker system should be flown and Subs ground-stacked whenever possible. Near-fill speakers should not obstruct site-lines and be placed in low profile positions.
Front of house mix position should be located on center with the performance stage at a distance no closer than fifty feet (50') and no further than one-hundred feet (100'). When a center location is not possible, it is critical that the position is located no further than twenty feet (20') off center in either direction. There must be no physical obstructions between the stage and the console. In theaters, house mix position should not be located in or under any balconies.
ARTIST'S Production Manager will determine the placement of the house speaker system. BUYER understands and agrees that speaker stacks which are located behind the microphone line are not acceptable. Please discuss any seating kill problems with ARTIST'S Production Manager.
Intercom: Communications system between house mix position and monitor mix position must be provided.
Intercom must be separate from lighting communications.
LeAnn Rimes Rider – 2022
System Set-Up Time: BUYER will ensure that the sound system is SET UP AND OPERABLE a minimum of six (6) hours prior to the start of the PERFORMANCE. It is also understood and agreed that ARTIST may check sound during said period of six (6) hours prior to start of the PERFORMANCE at a time solely determined by ARTIST.
Sound Companies: Sound systems should be provided by professional sound contractors only. No hobbyists, opening act or music store systems are acceptable.
System Technician: BUYER will provide a technician familiar with the sound system for both the house and monitor systems from load-in until end of the PERFORMANCE. This technician will have the sound system in working order by ARTIST'S designated load- in time and will maintain the system in working order throughout the PERFORMANCE.
System Control: ARTIST'S representative will, at all times, have complete control over the sound mixing and house volume and will have the right to add special effects to each particular system.
B. Monitor Audio System
Monitor mixing console.
Consoles in order of preference.
a. AVID S6L
b. Yamaha PM RIVAGE
c. CL5
d. PROFILE/SC48
Ear Monitors: (8) Transmitters and (8) Beltpacks. In order of preference. a. SHURE PSM 900 (New Model) or 1000
b. STENN G-2s or G-3s
***BACKLINE LIST FOR FLY DATE PROVIDED UPON REQUEST***
LEANN RIMES BACKLINE 2022
DRUMS: 1 8x8x2 Skirted drum riser
Taku Hirano Percussion Rider:
1 DW Drum Throne
- 1 Meinl Percussion quinto (11") or conga (11-3/4") *LP if Meinl not available
- 1 Meinl Percussion tumbadora (12-1/2") *LP if Meinl not available
- 1 Meinl Percussion djembe *LP if Meinl not available
- 1 conga basket stand (used for djembe; upright play so djembe matches height with congas on floor)
- 1 Meinl Percussion wind chimes *LP if Meinl not available
- 2 Meinl Percussion accessory percussion tables (small/medium size) *LP if Meinl not available
- 1 DW snare drum (6-1/2" × 14" preferred; 5" × 14" ok)/1 DW snare drum stand
- Zildjian 20" Crash-Ride cymbal
- Zildjian 18" K Dark cymbal
- Zildjian 16" A-Custom cymbal
- 5 DW double-braced boom cymbal stands
- 2 multi-clamps
Also- We will need a D.I., four 1/4" cables for the Octapad, aux pad and pedals, and one 1/4" cable for the pickup-cajon.
ADDITIONAL ITEMS:
Drum rug (8’ x 8’ or similar dimensions)
Tuning keys, extra felts
BASS:
1 Aguilar 4x10 cabinets (1 SPARE)
1 Agullar 751 Head
GUITAR:
1 Vox AC/30
1 Fender Deluxe or Deville or Blues Jr or Pro Jr or Deluxe Reverb Spare AC/30
KEY 1 NORD STAGE with 1 X stand, sustain pedal AND
***BENCH/STOOL
(***PIANO SHELL IF POSSIBLE***)
Spare patch cables/ a/c cables...
6 Slot guitar Stand/Boat Guitar Boat (preferred)
4 Bar stools (padded)
4 Fans
Name
□SSN or ITIN ill FEIN □CA Corp no.□CA SOS tile no.
75-2853062
TAXABLE YEAR
■
CALIFORNIA FORM
2023 Withholding Exemption Certificate 590
The payee completes this form and submits it to the withholding agent. The withholding agent keeps this form with their records.
Withholding Agent Information
Name
Payee Information
Address (apt.Isle., room, PO box, or PMB no.)
PO Box 260860
City (If you have a foreign address, see instructions.) Encino
State
CA
ZIP code
91426
Exemption Reason
Check only one box.
By checking the appropriate box below, the payee certifies the reason for the exemption from the California income tax withholding requirements on payment(s) made to the entity or individual.
D Individuals - Certification of Residency:
I am a resident of California and I reside at the address shown above. If I become a nonresident at any time, I will promptly notify the withholding agent. See instructions for General Information D, Definitions .
IZI Corporations:
The corporation has a permanent place of business in California at the address shown above or is qualified through the California Secretary of State (SOS) to do business in California. The corporation will file a California tax return. If this corporation ceases to have a permanent place of business in California or ceases to do any of the above, I will promptly notify the withholding agent. See instructions for General Information D, Definitions.
D Partnerships or Limited Liability Companies (LLCs):
The partnership or LLC has a permanent place of business in California at the address shown above or is registered with the California SOS, and is subject to the laws of California. The partnership or LLC will file a California tax return. If the partnership or LLC ceases to do any of the above, I will promptly inform the withholding agent. For withholding purposes, a limited liability partnership (LLP) is treated like any other partnership.
D Tax-Exempt Entities:
The entity is exempt from tax under California Revenue and Taxation Code (R&TC) Section 23701 (insert letter) or Internal Revenue Code Section 501(c) (insert number). If this entity ceases to be exempt from tax, I will promptly notify the withholding agent. Individuals cannot be tax -exempt entities.
D Insurance Companies, Individual Retirement Arrangements (IRAs), or Qualified Pension/Profit -Sharing Plans:
The entity is an insurance company, IRA, or a federally qualified pension or profit-sharing plan.
D California Trusts:
At least one trustee and one noncontingent beneficiary of the above-named trust is a California resident. The trust will file a California fiduciary tax return. If the trustee or noncontingent beneficiary becomes a nonresident at any time, I will promptly notify the withholding agent.
D Estates - Certification of Residency of Deceased Person:
I am the executor of the above-named person's estate or trust. The decedent was a California resident at the time of death.
The estate will file a California fiduciary tax return.
D Nonmilitary Spouse of a Military Servicemember:
I am a nonmilitary spouse of a military servicemember and I meet the Military Spouse Residency Relief Act (MSRRA) requirements. See instructions for General Information E, MSRRA.
CERTIFICATE OF PAYEE: Payee must complete and sign below.
Our privacy notice can be found in annual tax booklets or online. Go to ftb.ca.gov/privacy to learn about our privacy policy statement, or go to ftb.ca.gov/forms and search for 1131 to locate FTB 1131 EN-SP, Franchise Tax Board Privacy Notice on Collection. To request this notice by mail, call 800. 338.0505 and enter form code 948 when instructed.
Under penalties of perjury, I declare that I have examined the information on this form, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. I further declare under penalties of perjury that if the facts upon which this form are based change, I will promptly notify the withholding agent.
Type or print payee's name and title Margaret LeAnn Rimes Cibrian, Owner LeAnn Rimes g:i;:; ysi9nedbyLeAnnRimes
Telephone (818) 793-5703
Payee's signature ► Cibrian
DN:cn=leAnnRimesCibrian,o,ou,
[email protected],c=US
Da!ec2023.07.1714:51:40·07'00'
Date 07/17/2023
■ 7061233 Form 590 2022 ■
Part I
Social security number
Form W-9
(Rev. October 2018)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
a Go to www.irs.gov/FormW9 for instructions and the latest information.
Give Form to the
requester. Do not
send to the IRS.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
Prodigy Touring Corporation
2 Business name/disregarded entity name, if different from above
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):
Individual/sole proprietor or
single-member LLC
C Corporation ✔ S Corporation Partnership Trust/estate
Exempt payee code (if any)
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) a Note: Check the appropriate box in the line above for the tax classification of the single- member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.
Other (see instructions) a
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.) See instructions. 13801 Ventura Blvd
6 City, state, and ZIP code
Sherman Oaks, CA 91423
7 List account number(s) here (optional)
Requester’s name and address (optional)
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other – – entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign
Here
Signature of
U.S. person a Date a 4/27/2022
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.
Cat. No. 10231X Form W-9 (Rev. 10-2018)
Print or type.
See Specific Instructions on page 3.
Employer identification number
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Part II Certification
Staff Report
City Council
Item No. 5.H
Meeting Date: June 26, 2024
From: Anne Ambrose, Assistant City Manager
Title: Declaration of Surplus Land
RECOMMENDATION:
To adopt Resolution No.____ declaring that certain 1.8-acre vacant land parcel located at the northwest corner of East Palm Canyon Drive and West Buddy Rogers Avenue, also identified by Assessor’s Parcel Number 687-475-006, as surplus land and direct the City Manager's office to follow the procedures set forth in the Surplus Land Act, California Government Code Section 54220 et seq., as amended on January 1, 2020, for the sale of surplus land.
BACKGROUND:
The former Redevelopment Agency (RDA) of the City of Cathedral City (City) was created in November 1981 and adopted its first redevelopment plan in 1982. During that time, the former RDA used tax increment financing to provide infrastructure improvements, finance public projects and support private investment. Furthermore, the former RDA made great efforts to acquire and clear a number of the parcels within the downtown. One of the parcels acquired and cleared was the 1.8 acres located at the northwest corner of East Palm Canyon Drive and West Buddy Rogers Avenue, also identified Drive (APN 687-475-006) (Asset).
Pursuant to the dissolution of redevelopment agencies per Assembly Bill (“AB”) ABX1 26 (Chapter 5, Statutes of 2011) and ABX1 27 (Chapter 6, Statutes of 2011), and subsequent legislation, AB 1484 (Chapter 26, Statutes of 2012) (altogether, “Dissolution Act”), City adopted Resolution No. 2012-153 on January 11, 2011, electing to serve as Successor Agency to the RDA (hereafter the “Successor Agency”).
In accordance with the Dissolution Act, the Successor Agency prepared a Long-Range Property Management Plan (the “LRPMP”) to identify all the assets held by the Successor Agency and their disposition in accordance with the Dissolution Act.
The Property was identified as “Asset 19 – 68-600 thru 68-618 East Palm Canyon Drive” in the LRPMP and was designated as a property to be liquidated by the City pursuant to California Health and Safety Code Section 34191.5(c)(2)(A).
On April 10, 2013, the Successor Agency received a finding of completion for the LRPMP from the California Department of Finance.
DISCUSSION:
Enacted in 1968 and amended in 2020, the Surplus Land Act requires all local agencies to prioritize affordable housing, as well as parks and open space, when disposing of surplus land (“Surplus Land Act” or “SLA”). Before local agencies may dispose of surplus land, they are required to give notice to local public entities and organizations involved in affordable housing development. If a preferred entity expresses interest during the required sixty (60) day notice period, the parties must enter into good faith negotiations for a period of not less than ninety (90) days to determine a sales price or lease terms. In the event no affordable housing entity expresses interest, or if an interested entity and the City are unable to agree on price and terms, the City may then proceed to sell or retain the property.
Standard noticing provisions of the Surplus Land Act require a 60 days’ written notice of availability (NOA) of the availability of the Property. The NOA must be provided to the following entities:
•Any local public entity, as defined in Section 50079 of the Health and Safety Code, within whose jurisdiction the surplus land is located.
•Housing sponsors, as defined by Section 50074 of the Health and Safety Code, that have notified the Department of Housing and Community Development of their interest in surplus land shall be sent a notice of availability of surplus land for the purpose of developing low- and moderate-income housing.
A valid NOA requires the City Council hearing and voting to approve the declaration of the Property as surplus land prior to issuing the NOA.
The City is also required to notify the following entities:
•To any park or recreation department of the county within which the land is situated. •To any regional park authority having jurisdiction within the area in which the land is situated.
•To the State Resources Agency or any agency that may succeed to its powers. •A written notice of availability of land suitable for school facilities construction or use by a school district for open-space purposes shall be sent to any school district in whose jurisdiction the land is located.
To comply with the LRPMP and California Government Code section 54220, the City is seeking to declare the Property as surplus land. The City Manager’s Office will initiate the process by obtaining an appraisal of the property concurrent with the issuing the NOA. If no interest notices are received during the 60-day period, the City Manager’s Office may elect to prepare a RFQ followed by an RFP to ensure the highest and best use of the site is achieved.
FISCAL IMPACT:
There is no financial impact associated with a declaration of surplus land.
FIVE-YEAR STRATEGIC PLAN:
Goal C: Fiscal Stability and Sustainability
Action-15 Develop (and implement) an economic development strategic plan. This action is consistent with the economic development strategic plan’s focus to increase the development intensity of Downtown.
ATTACHMENTS:
1. Resolution - Declaration of Surplus Land
2. Festival Lawn Property Outline
3. 2014 Long Range Property Management Plan - Civic Center -1-
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RESOLUTION NO._____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY, CALIFORNIA, DECLARING PURSUANT
TO GOVERNMENT CODE SECTION 54221 THAT CERTAIN
CITY OWNED PROPERTY LOCATED AT THE NORTHWEST
CORNER OF EAST PALM CANYON DRIVE AND WEST BUDDY
ROGERS AVENUE IN THE CITY OF CATHEDRAL CITY,
COUNTY OF RIVERSIDE, AND COMMONLY REFERENCED AS
APN 687-475-006, IS SURPLUS LAND AND NOT NECESSARY
FOR THE CITY’S USE; AND FINDING THAT SUCH
DECLARATION IS EXEMPT FROM ENVIRONMENTAL
REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT, AND TAKING RELATED ACTIONS
WHEREAS, the City of Cathedral City (“City”) is the owner in fee simple of that certain real property located at the northwest corner of East Palm Canyon Drive and West Buddy Rogers Avenue, Cathedral City, Riverside County, State of California and commonly referenced by Assessor’s Parcel Number 687-475-006 and described with greater particularity in Exhibit A, attached hereto and incorporated herein by this reference (the “Property”); and WHEREAS, the Property is approximately 1.8 acres in size, with 1.1 acres serving as a home for periodic festivals; and
WHEREAS, the Property was acquired in 1997 by the former Redevelopment Agency of the City of Cathedral City as part of a contemplated civic center development project; and WHEREAS, the Property was identified by the Successor Agency to the Redevelopment Agency of the City of Cathedral City (‘Agency”) in 2013 in the Agency’s Long Range Property Management Plan (“LRPMP”) pursuant to Parts 1.8 and 1.85 of Division 24 of the California Health and Safety Code (the “Dissolution Act”); and
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WHEREAS, the City has determined that the Property is no longer necessary for the City’s use; and
WHEREAS, pursuant to the LRPMP, the Oversight Board established pursuant to the Dissolution Act and the State Department of Finance shall have no further authority over the use or disposition of Governmental Use Properties following the transfer of these properties to the City; and WHEREAS, under the Surplus Land Act, Government Code Section 54220 et seq. (“Act”), surplus land is land owned in fee simple by the City for which the City’s governing body takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use.
The land must be declared either surplus land or exempt surplus land; and WHEREAS, under the Act, land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City’s governing board, for City work or operations; and
WHEREAS, the City desires to declare that the Property is surplus land, is not planned to be used pursuant to a written plan adopted by the City Council, for work or operations, and therefore, is not necessary for the City’s use; and
WHEREAS, the staff report presented to the City Council, together with this Resolution, contains the factual background and supporting information upon which the declaration and findings set forth herein are based.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY HEREBY RESOLVES AS FOLLOWS:
Section 1:Recitals Correct. The foregoing recitals are true and correct, and incorporated herein by this reference.
Section 2:Use Finding. The City Council finds that the Property is not necessary for the City’s use as described in the preceding recitals and the staff report accompanying this Resolution.
Section 3:Surplus Declaration. The City Council hereby declares that the Property is surplus land pursuant to Government Code Section 54221(b)(1).
Section 4:CEQA Determination. This Resolution has been reviewed with respect to applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et -3-
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seq.) (“CEQA”). City staff have determined that the designation of the Property as surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the Property is sold to a purchaser and the purchaser proposes a use for the Property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA.
Section 5:Notice of Exemption. City of Cathedral City staff are directed to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062.
Section 6:General Authorization. The officers and staff of the City are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed.
Section 7:Effective Date. This Resolution shall take effect immediately upon its adoption by the City Council.
Section 8:Certification. The City Clerk of the City of Cathedral City shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Cathedral City shall cause this Resolution and the City Clerk’s certification to be entered in the File of Resolutions of the City of Cathedral City, City Council.
PASSED, APPROVED AND ADOPTED this ____ day of ______, 2024. ____________________________________
MARK CARNEVALE, Mayor
ATTEST:
____________________________________
TRACEY HERMOSILLO, City Clerk
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APPROVED AS TO FORM:
______________________________
Eric S. Vail, City Attorney
Burke, Williams & Sorensen, LLP
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF CATHEDRAL CITY
I, Tracey Hermosillo, City Clerk of the City of Cathedral City, do hereby certify that the foregoing Resolution No._____ was duly passed and adopted at a regular meeting of the City Council of the City of Cathedral City held on the _____ day of _______, 2024.
Upon motion of Councilmember ____________, seconded by Councilmember _______________, the foregoing Resolution No. _______ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Cathedral City this _____ day of _________________, 2024. ______________________________________
TRACEY HERMOSILLO, City Clerk
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EXHIBIT A
LEGAL DESCRIPTION
PARCEL "C": CITY OF CATHEDRAL CITY
A portion of Lot 3 of Tract No. 28339, as shown by map filed in Book 272, at Pages 25 through 28, inclusive, of Maps, Records of Riverside County, California, more particularly described as follows:
Beginning at the most Northwesterly corner of said Lot 3; Thence, South 89° 53' 51" East, 3.00 feet to the True Point of Beginning; Thence, continuing South 89° 53' 51" East, 21.05 feet;
Thence, North 45° 06' 09" East, 7.50 feet, to the beginning of a tangent curve, concave Southeasterly and having a radius of 2.38 feet;
Thence, Northeasterly along said curve through a central angle of 45° 00' 00", an arc length of 1.87 feet; Thence, South 89° 53' 51" East, 68.06 feet; to the beginning of a tangent curve, concave Southwesterly and having a radius of 2.38 feet;
Thence, Southeasterly along said curve through a central angle of 45° 00' 00", an arc length of 1.87 feet; Thence, continuing along the Northerly, Easterly and Southerly lines of said Lot 3 the following twenty- four (24) courses:
South 44° 53' 51" East, 24.47 feet;
Thence, South 89° 53' 51" East, 196.48 feet;
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Thence, North 44°53' 51" West, 19.72 feet to the beginning of a tangent curve, concave Southeasterly and having a radius of 2.38 feet;
Thence, Northerly and Northeasterly along said curve through a central angle of 135° 00' 00", an arc length of 5.60 feet;
Thence, South 89° 53' 51" East, 24.76 feet to the beginning of a tangent curve, concave Southwesterly and having a radius of 14.38 feet;
Thence, Southeasterly along said curve through a central angle of 90° 00' 15", an arc length of 22.58 feet;
Thence, South 00° 06' 24" West, 91.73 feet to the beginning of a non-tangent curve concave Northwesterly and having a radius of 59.38 feet, a radial of said curve through said point bears South 89° 49' 22" East;
Thence Southerly along said curve through a central angle of 33° 32' 29", an arc length of 34.76 feet, to a point of reverse curvature with a curve concave Southeasterly and having a radius of 60.62 feet; Thence Southerly along said curve through a central angle of 33° 34' 18" an arc length of 35.52 feet; Thence, South 00° 08'49" West, 45.07 feet;
Thence South 00° 03' 36 West, 83.44 feet to the beginning of a tangent curve, concave Northwesterly and having a radius of 19.38 feet;
Thence, Southwesterly along said curve through a central angle of 108° 21' 21" an arc length of 36.65 feet;
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Thence, North 71° 34' 43" West, 30.56 feet to the beginning of a tangent curve, concave Northeasterly and having a radius of 2.38 feet;
Thence, Northwesterly along said curve through a central angle of 45° 00' 00" an arc length of 1.87 feet; Thence, North 26° 34' 43" West, 22.97 feet to the beginning of a tangent curve, concave Southwesterly and having a radius of 3.62 feet;
Thence, Northwesterly along said curve through a central angle of 45° 00' 00", an arc length of 2.85 feet;
Thence, North 71o 34' 43" West, 178.28 feet to the beginning of a tangent curve, concave Southeasterly and having a radius of 3.62 feet;
Thence, Southwesterly along said curve through a central angle of 90° 00' 00", an arc length of 5.69 feet;
Thence, South 18° 25' 17" West, 13.00 feet to the beginning of a tangent curve concave Northwesterly and having a radius of 1.38 feet;
Thence, Southwesterly along said curve through a central angle of 90° 00' 0", an arc length of 2.17 feet; Thence, North 71° 34' 43" West, 5.33 feet out the beginning of a tangent curve, concave Northerly and having a radius of 486.58 feet;
Thence, Westerly along said curve through a central angle of 04° 23' 20" an arc length of 37.27 feet; Thence, North 00° 06' 09" East, 136.42 feet;
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Thence, North 89° 53' 51" West, 30.50 feet, to a point on a line parallel with and distant Easterly 3.00 feet, measured at right angles from, the West line of said Lot 3; Thence, leaving the lot lines of said Lot 3 as shown on said map, North 00° 06' 09" East. along said parallel line, 88.33 feet to the True Point of Beginning.
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CATHEDRAL CITY SUCCESSOR AGENCY LONG-RANGE PROPERTY MANAGEMENT PLAN
CATHEDRAL CITY SUCCESSOR AGENCY LONG-RANGE PROPERTY MANAGEMENT PLAN
Asset 19: 68-600 – 68-618 East Palm Canyon Drive
Vacant Lot / Land
Parcel Data
Address 68-600 – 68-618 East Palm Canyon Drive
APN 687-475-001
Lot Size 1.818 acres
Use Vacant Lot / Land
Zoning Mixed Use Commercial
Current Title Cathedral City Redevelopment Agency
Acquisition & Valuation Information
Purchase Date 9/24/1996
Purchase Price $1,378,781
Purpose Blight Remediation
Estimate of Current
Value $326,000
Method of Valuation Fair market value
Revenues Generated by Property & Contractual Requirements City / Successor Agency
Lease Agreement This property does not generate revenues.
Overview of Environmental Contamination, Remediation Efforts and Other Deficiencies
None This property does not have a history of environmental contamination.
Transit-Oriented Development & Advancement of Agency Planning Objectives Potential for TOD Not applicable
Agency Planning
Objectives Market and offer for sale (liquidate)
Recommendation for Disposition
Liquidate This property will be sold as part of Cathedral City’s B -1 Civic Center Block.