1 PROFESSIONAL SERVICES AGREEMENT
This agreement (“Agreement”) is made as of July 13, 2022, by and between the City of Commerce, a municipal corporation ("City") and RJM Design Group, Inc. (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”
R E C I T A L S
WHEREAS, City desires to utilize the services of Consultant as an independent contractor to develop the City of Commerce Park and Open Space Master Plan as set forth in the Scope of Services attached hereto as Exhibit A; and WHEREAS, Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows:
1. Company's Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit A.
2. Term of Agreement. This Agreement shall commence on July 13, 2022 (the “Commencement Date”) and shall remain and continue in effect until tasks described in Exhibit A are completed, but in no event later than June 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement.
3. Compensation.
A. City agrees to compensate Consultant for services under this Agreement in compliance with the schedule set forth in Exhibit A. Consultant shall submit proper monthly invoices in the form and manner specified by City. Each invoice shall include a monthly breakdown of all monthly services performed together with the hours spent on each service. Consultant shall maintain appropriate and necessary documentation supporting the monthly invoices detailing the type of service provided. It shall be available for review by the City at all reasonable times upon request.
B. Total payment to Consultant pursuant to this Agreement shall not exceed $181,750.
C. If at the request of the City, Consultant is required to incur out of pocket expenses (including but not limited to, out-of-town travel and lodging) which are above and beyond the ordinary expenses associated with performance of this Agreement, Consultant shall be entitled to reimbursement of such expenses. Consultant shall only be reimbursed for those expenses which: (I) appear on Consultant’s monthly invoices; (II) are accompanied by a copy of the City’s written authorization for Consultant to incur 2 such expenses; and (III) receipts documenting such expenses.
4. General Terms and Conditions. The General Terms and Conditions set forth in Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency between the General Terms and Conditions and any other exhibit to this Agreement, the General Terms and Conditions shall control unless it is clear from the context that both parties intend the provisions of the other exhibit(s) to control.
5. Addresses.
City of Commerce
City of Commerce
2535 Commerce Way
Commerce, CA 90040
Attn: Edgar P. Cisneros, City Manager
Company
RJM Design Group, Inc.
31591 Camino Capistrano
San Juan Capistrano, CA 92675
Attn: Zachary Mueting, Principal
6. Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated and made part of this Agreement by this reference.
Exhibit A – Scope of Services and Compensation Schedule Exhibit B – General Terms and Conditions
SIGNATURES ON FOLLOWING PAGE
1 EXHIBIT A
SCOPE OF WORK
City of Commerce
Park & Open Space Master Plan
07/06/22
Table of Contents
1. Letter of Introduction | 1
2. Firm Profile | 2
3. Project Understanding & Approach | 3
4. Scope of Work | 5
5. Project Schedule | 14
6. Key Personnel | 15
7. Project Experience | 21
8. References | 27
Fee Proposal (submitted under separate cover)
City of Commerce • Park and Open Space Master Plan | 1
31591 Camino Capistrano
San Juan Capistrano, CA 92675
www.RJMdesigngroup.com
(949) 493-2600 phone
(949) 493-2690 fax
www.RJMdesigngroup.com website
February 24, 2022
City of Commerce
Attn: Purchasing Division
2535 Commerce Way
Commerce, CA 90040
Submitted via eBid on City’s Planet Bid account
Re: RFP City of Commerce Park and Open Space Master Plan Dear Selection Committee:
RJM Design Group, Inc. is pleased to submit our proposal to the City of Commerce for the Park and Open Space Master Plan. We are excited for the opportunity to provide a road map to guide the City to ensure parks and recreation opportunities are available to everyone in the community now and in the future.
Based upon our previous Parks and Recreation Master Plan experience we have developed a Scope of Work which defines a timely and efficient approach to the update with the latest tools in community recreation planning available.
Our key team members include myself, Kristen Schnell (Project Manager), Ed Crofts (Senior Associate), and the following specialists:
Rubio Medina Architect, RM Architecture, 780 Roosevelt, Irvine, CA 92620 email: rubioarchitectrm.com / phone: (949) 333-6030
Our schedule anticipates a 4-5 month timeframe. Our proposal shall remain valid for 90 days.
We look forward to developing a close working relationship with you on this exciting project. If you have any questions or comments after reviewing this proposal, please do not hesitate to contact us.
Respectfully submitted,
RJM DESIGN GROUP, INC.
Zachary M. Mueting, LLA
Principal Landscape Architect
[email protected]
1. Letter of Introduction
2 | City of Commerce • Park and Open Space Master Plan
2. Firm Profile
RJM Design Group, Inc.
California Corporation, SBE
34 Years (Since 1987)
12483
33-0254945
(949) 493-2600
Larry P. Ryan — President, [email protected]
Zachary Mueting — Secretary, [email protected]
Zachary Mueting / [email protected]
31591 Camino Capistrano, San Juan Capistrano, CA 92675
16 Personnel
(10) Licensed Landscape Architects, Project Managers
(5) Technical Support
(4) Administrative Support
(3) LEED Accredited Professionals
(2) Certified Arborists
(2) FAA Part 107 Licensed Pilots
Firm Legal Name
Type of Business
Number of Years in Business
CA Business License Number
Federal Tax ID Number
Contact Information
List of Owners
Principal Contact
Office Location
Firm Size
Personnel
Established in 1987, RJM Design Group has evolved into a multi-disciplinary landscape architectural, planning, and design firm committed to serving the needs of cities, public agencies, and organizations throughout California. RJM is comprised of talented individuals with varied backgrounds and interests. Among these dynamic professionals are licensed landscape architects,designers, and planners, most of whom are LEED Accredited Professionals. Each person brings a unique, yet complementary experience and passion to the firm, who will be dedicated to the duration of the project as needed.
City of Commerce • Park and Open Space Master Plan | 3
RJM Design Group’s Parks and Recreation Master Planning Toolkit is the result of over 30 years of experience in park and recreation planning and analysis.
In each community that RJM has developed a successful Master Plan there has always been a need for local trends vs. national standards. RJM’s Toolkit empowers cities to take control with powerful data, but without costly planning efforts, project management, and multiple consultants.
RJM’s Experience in Parks & Recreation Master Plan Development Aliso Viejo
Azusa
Banning
Brentwood
Chino Hills
Costa Mesa
Cypress
Dana Point
Downey
Goleta
Huntington Beach
Jurupa Community Services District
La Quinta
Laguna Woods Village
Laguna Hills
Laguna Niguel
Lake Mission Viejo Association
Livermore
Manteca
Menifee
Murrieta
Norwalk
Pasadena
Pleasant Hill
Pleasanton
Rancho Mission Viejo
Riverside
Rocklin
Roseville
Sacramento
San Bernardino
San Dimas
San Fernando
San Juan Capistrano
Santa Barbara County
Santa Clarita
Santa Maria
Temecula
West Hollywood
Woodland
Yucaipa
What sets the City of Commerce apart from other neighboring communities?
Its people. So why use anything else other than specific local analysis? Every community is unique in not only its demographics but its climate, geolocation, economics, and recreation trends. So specific are our communities that applying a template from another distant city is nothing more than a best guess.
National Standards can be a good reference point or benchmark for comparison, however they shouldn’t replace the need for local analysis. Responsible growth is based on local community needs. Simply having parkland is not enough. Providing the right types of parks and amenities is critical to fulfilling a community’s recreation needs. Community inspired spaces connect people to parks through a deeper sense of ownership. When parks align with community needs, recreation is balanced and may avoid costly, unnecessary facility improvements that can increase maintenance and operation costs.
3. Project Understanding & Approach
4 | City of Commerce • Park and Open Space Master Plan
Our proposed approach offers the benefit of safe community meetings and cost-effective à la carte tool strategies. Our methodology is rooted in the development of local facility standards and the development of a master plan built on community support. We believe in a well-informed community and close team collaboration. These elements are achieved in a robust community outreach strategy that will engage, involve, and empower all voices in the community.
Phase Name Tool Deliverables
Phase I: Project Management Tool 1:
Work Plan
►Project schedule
►Monthly virtual meetings
►Online resource FTP site
►Online project dashboard
Phase II: Existing Conditions
Analysis
Tool 2:
Existing Documentation Review
Tool 3:
Park, Open Space and Facility Assessment
Tool 4:
Recreation Program Assessment
Tool 5:
Demographic Assessment
►Existing documents summary
►Parks inventory database in GIS & park profiles
►Parks inventory maps
►Facility condition & accessibility assessment
►Gap analysis maps
►Acreage analysis
►Program inventory and assessment
►Esri Tapestry mapping analysis
►Community profile summary and graphics
Phase III: Public Outreach and
Participation
Tool 6:
Community Engagement
►Project website development and updates
►(12) Stakeholder interviews
►Statistically-valid, Multimodal Survey
►(4) Community workshops
►Interview and community workshop summaries
►Benchmark demand / need analysis for
organized sports facilities
Phase IV: Needs Summary and
Recommendations
Tool 7:
Community Needs Assessment
Tool 8:
Opportunity Sites
Tool 9:
Recommendations
Tool 10:
Financial Review and Recommendations
Tool 11:
Operations and Maintenance Plan
►Community needs assessment
and prioritization matrix
►Opportunity sites list and map
►List of priority recommendations and key
strategies for implementation
►Cost estimates for deferred maintenance and new
CIP projects
►Funding sources, CIP, and budget review
►Financial recommendations
►Operations and maintenance plan
Phase V: Report and Adoption Tool 12:
Draft Report Development and Documentation
Final Report
Public Presentations
►Draft Report
►Final Report
►Appendix document and custom binder
►Powerpoint presentation
3. Project Understanding & Approach (continued)
City of Commerce • Park and Open Space Master Plan 5
Clear communication is critical in any endeavor. RJM will hold a virtual or in person kick off meeting to finalize the work plan and key team members. Monthly virtual meetings with the City Team will review schedule progress, present information, and recommend direction throughout the project. These regular meetings enable strong team collaboration and unity in decision making as the project develops.
Additionally, a project team online resource FTP site will allow for easy file access and document review for all team members. This will ensure everyone has access to the latest reports, and graphic illustrations available. Based on select tools, we will create an online project dashboard where you can see results from public comments live as they come in eliminating the “wait” for consultants to gather and report back.
Phase II - Existing Conditions Analysis
Tool 2: Existing Documentation Review
Knowing what documents exist and how they relate to one another can help guide planning to ensure there are no conflicts or overlapping efforts. RJM will review the City of Commerce General Plan, As-Built Plans and Master Plans for each park site, Area Specific Plans, Capital Improvement Program FY 2022-27, Annual Adopted Budget and other pertinent community development plans which may affect Master Plan decisions and recommendations, including policies, zoning ordinances, and park development design guidelines and landscape standards, to generate a database of existing resources. Understanding the history of past planning projects enables the City to carefully navigate future planning efforts free of potential conflict.
Tool 3: Parks, Open Space, and Facilities Inventory and Evaluation City Parks
Understanding where parks exist is not enough in today’s world. RJM utilizes the power of Esri to truly map out community needs and identify underserved areas. Where park quality, safety, and accessibility may be impacting disadvantaged communities. We will verify the City’s existing parks and facilities list, as well as provide update the City’s GIS System. Specifically the GIS dataset will include:
• Geolocate City-owned parks and recreation facility parcels. Developed park profile sheets with aerial of each site and list of amenities at each park. • Quantify City-owned park passive and active recreational amenities (i.e. ballfields, basketball courts, dog parks, tennis courts, restrooms, and playgrounds). Prepare database to include a list of amenities specific to each park site. We will visit each park and use the Esri collector app to report the condition of each passive and active recreational amenity. • Identify existing trail, greenbelt, natural and other green infrastructure resources which are being used for access, recreational, habitat and open space purposes. • County, HOA parks and joint use school facilities shall be provided by the City and will be included in the inventory analysis to ensure there is no duplication of amenities and services provided.
4. Scope of Work
Phase I: Project Management
Tool 1: Work Plan
City of Commerce • Park and Open Space Master Plan 6
4. Scope of Work (continued)
Tool 3: Parks, Open Space, and Facilities Inventory and Evaluation (continued) City Recreation Facilities
Our project Architect will assess condition of the four community centers at Bandini and Bristow Parks, Senior Center, and Teen Center to determine its current condition, possible future enhancements to meet projected public activities, and the long- term feasibility use of the facilities. We have not included Rosewood Park Aquatic Center since it is a newer functional facility, and Veterans Park Gymnasium since it is likely this building will be demolished and relocated at the new park site adjacent to the existing park. Our project Architect will assist in assessing future modifications to buildings/structures that are discovered through the parks assessment portion of the work.
Facility tours will be conducted to make observations on conditions, operational challenges, and current condition. General observations will be made on accessibility and recommendations.
Accessibility includes access to entrance from parking lots, access to existing restrooms, proper door clearance, and door hardware - not at a Casp level.
Our project Architect will prepare a memo with findings of the four facilities including recommendations, next steps, and discussions on challenges of implementing public programmed spaces into the facility including expansions and renovations.
NOT INCLUDED:
• CASP services
• Evaluation of structural, mechanical, electrical, or plumbing systems • Hazardous materials abatement or evaluation
• Independent investigation of accuracy of supplied information from Owner • Cost estimation services
Connectivity Analysis
The City’s parks inventory will be analyzed by service area (5-10-15 minute walk) to identify underserved neighborhoods or community planning areas. The results will illustrate gaps in balancing the equitable distribution of service and opportunities for all ages and income levels. City wide recreation facilities will be evaluated in concert with the community demographics and resident input. The resulting mosaic will illustrate where there are gaps and/or inequities. Further RJM will review and include information from the approved Bicycle Master Plan to identify park and neighborhood connectivity.
City of Commerce • Park and Open Space Master Plan 7
4. Scope of Work (continued)
Tool 4: Recreation Program Assessment
Recreation Program Inventory and Assessment
We shall provide an inventory and evaluation of existing programs and services provided by the City for the last two years. Analyze the City’s current offerings in terms of attendance, use of space, and consistency with current trends in the recreation and leisure services industry. The evaluation shall review and provide analysis of the Department’s performance with programs and services for all age groups (toddlers to seniors). The evaluation shall indicate gaps in service and recommendations for new programs and services the City may consider implementing.
We will work with staff to evaluate existing levels of programs and services within the City’s sphere of influence, both public and private, to evaluate the adequacy and accessibility of services available for residents. Complete and provide an inventory of nearby recreation facilities, programs, services and the resources provided by others for the City’s ongoing review for potential competition, duplication of services, and/or to evaluate opportunities for future collaborations and partnerships.
Tool 5: Demographic Assessment
Understanding the recreation needs and preferences of City residents first depends upon an understanding of the population and its demographic characteristics. Steps in this process involve a review of data regarding the City’s population base as defined by Esri.
Esri starts with the demographics data from Census Data and the American Community Survey then employs a time series of county-to-county migration data from the IRS, building permits and housing starts, plus residential postal delivery counts. Finally local data sources that tested well against Census 2010 are reviewed. The end result balances the measures of growth or decline from a variety of data series. As available, demographic data regarding age, household size, housing units, ethnic profile and income characteristics will be used in the analysis. If 2020 census data becomes available, this dataset will also be evaluated.
Detailed demographic data regarding such variables as age, ethnicity, household size, and income as well as special populations which may require specialized or disproportionate services and programming, such as seniors, teens, pre-schoolers, second-language learners, individuals with disabilities, military families and veterans will be analyzed in order to identify unique populations for use in the demand analysis. Special attention will be given to any sub-groups of the population that show unusual trends of change.
City of Commerce • Park and Open Space Master Plan 8
4. Scope of Work (continued)
Phase III - Public Outreach and Participation
Tool 6: Community Engagement
We will assist the City in developing a communications plan with easy-to-deploy tools that enable a two-way dialogue with the community. Our goal is to provide an inclusive community outreach process that maintains the vision and expectations for everyone.
Working with the City our team will prepare a communications plan that covers the following tasks. RJM can also develop a project website in Spanish and provide Spanish interpreter/presenter for workshops and meetings, if desired, as an additional service.
Project Website
The project website will build an awareness for the project and be promoted through local publications and digital resources including social media marketing ads, user group promotions, and local notices at City facilities. RJM will develop a project graphic that can be used in all of the project announcements. The project website will be developed in the Esri story map platform. The community can learn about the project, understand the extent of planning considerations, and provide feedback. This website will be a hub for community collaboration and meaningful two-way feedback. This continuous public dialogue will ensure maximum opportunity for all community members to become informed and involved in the development of the Master Plan. As each of the outreach efforts are completed the results will be posted here for all to see and follow along. At any point during the project the community can provide direct comments via a “Feedback” button on the website. As feedback is recorded it will be reviewed and shared with the project team.
Stakeholder Interviews
Soliciting the attitudes and perceived needs of community stakeholders is an essential element for a successful Master Plan. Often involved in the front lines of community recreation support and programming, stakeholders have a unique understanding of community desires. These interviews seek insight into the City’s values, strengths, weaknesses, unique attributes, distinctive competencies, and initiatives as well as to identify any private sector and/or non- profit organizations and their capabilities to compete or collaborate with the City in delivery of recreation services.
Direct one-on-one interviews will be conducted with selected key stakeholders. Our team will conduct interviews with individuals such as the members of the City Council, the Parks and Recreation Commission, Planning Commission, City Manager’s Office and/or school district representatives. RJM will work with City staff to identify interviewees. Estimate twelve (12) interviews to be conducted.
City of Commerce • Park and Open Space Master Plan 9
4. Scope of Work (continued)
Phase III - Public Outreach and Participation continued Community Workshops
We have experience in both virtual and in person workshops, as well as a hybrid model that includes both options. We can negotiate this task as the City desires. Each “in person” community consensus building workshop includes a two (2) hour session, inclusive, for up to fifty (50) participants. Each online survey includes summarizing up to (300) responses.
We propose to work closely with City Staff to organize and further define the approach to be used in this process. City to provide and manage all PPP requirements as mandated by the CDC and state of California. We will coordinate with City staff for the promotion of the workshops, scheduling, and the provision of staff to assist with the workshops. Our workshop methodology is designed to arrive at consensus regarding the priorities perceived by the public for improvements to the parks, recreation facilities, programs, and services. RJM will host four (4) workshops total. Each of the four workshops will be held in-person at one of the four city parks. Each workshop will include the following:
1. Community presentation on the master plan process as well as findings to date,
2. Individual and group discussions on likes, dislikes, community characteristics, desired program and park facilities. Final topics will be discussed at the kickoff meeting to further refine the workshop topics,
3. Consensus building group activities,
4. Pre-recorded video of workshop presentation to be shared on project website for members who may not be able to make the in-person workshops,
5. Workshop summary for each workshop (4 total),
6. Combined (all workshop) summary document incorporated in the final master plan document.
Additionally, RJM will launch an online survey available to the community for members who may not be able to make it to one of the four in-person workshops. The survey will be live during the community outreach period when the workshops are held.
We will also make paper copies of the survey available for distribution at City Hall and other locations as requested. Paper surveys will be collected and data entered by City staff and will be combined with online survey responses.
City of Commerce • Park and Open Space Master Plan 10
4.Scope of Work (continued)
Phase III - Public Outreach and Participation continued Park Facility Benchmark Analysis
RJM will prepare a benchmark analysis of sports facilities in relation to city population. This information will be compared and contrasted against other similar communities as well as National Recreation and Park Association (NRPA) Standard Information.
Statistically-Valid Multi-Modal Community Survey
Conduct a statistically reliable survey of at least 400 households as part of the public participation and outreach program. A sample of this size will provide a highly reliable profile of residents’ needs, priorities, and preferences as they pertain to parks and recreational facilities in the City, with a maximum statistical margin of error due to sampling of 4.9% at the 95% level of confidence. Importantly, it will also allow the data to be analyzed within various subgroups (e.g., by ethnicity, age, area of residence, lifestyle parameters, etc.) to identify how needs, preferences, and activities vary at the subgroup level within acceptable margins of error.
After selecting households at random using a stratified design, the survey will be administered using a mixed-method approach including multiple recruiting methods (email, text and telephone) and data collection methods (telephone and password-protected online surveys) to ensure a balanced, representative sample that reflects the full diversity of the City’s resident population.
Using a mixed-method approach will ensure a higher participation rate, reduce response bias, better capture the opinions of traditionally hard-to-reach subgroups, and ultimately deliver more reliable data than relying on a single-method approach (i.e., telephone only).
The work scope will include all tasks necessary to complete the survey, including questionnaire design and refinement, developing an appropriate random sample, CATI programming the survey instrument to assist the live interviewers in navigating skip patterns and data recording, programming and hosting the survey online to allow sampled respondents the flexibility of participating online using unique PIN passwords, Spanish translation, recruiting participation through three methods (email invitations, text invitations, and telephone calls), completing at least 400 interviews according to a strict interviewing protocol, conducting quality control checks throughout the data collection period, processing the data, analyzing the data, preparing a thorough full-color report of the findings, and presenting the findings to staff and Council aided by a PowerPoint presentation. The final report will not only convey the results among residents as a whole, it will also detail how the results vary across important subgroups of residents such as by age, gender, location with the City, presence of children in the home, as well as length of residence and other factors.
City of Commerce • Park and Open Space Master Plan 11
4. Scope of Work (continued)
Phase IV - Needs Summary and Recommendations
Tool 7: Community Needs Assessment
The strength of the Master Plan will largely rest on the successful outreach efforts and thorough analysis of their findings. The assessment will not only convey the results among residents as a whole, it will also detail how the results vary across important subgroups of residents such as age, gender, location within the City, presence of children in the home, as well as length of residence and other factors. Using the Esri Tapestry community dataset RJM can analyze the micro demographics to determine not just priority of recommendations but the impact on the location of the recommendations as well.
Each of the community engagement strategies employed will be analyzed and combined into a single engagement needs matrix graphic. This graphic will illustrate the community needs that have the most significant impact as well as other trending recreation desires among the community.
Tool 8: Opportunity Sites
We will identify opportunity sites including land that can serve as potential park system acquisitions, and/or parks development opportunity, as well as opportunities for park expansion or renovation. After the facility needs, community priorities, and public consensus are defined, we will discuss and evaluate with City Staff the short-term, intermediate, and long-term opportunities to create new community recreation facilities. This may include evaluation of areas such as drainage or flood control sites, vacant land, or reuse of existing park land as well as potential new or enhanced partnerships to maximize the communities existing resources.
Tool 9: Park, Facility and Program Recommendations
RJM will provide a complete recommendation plan outlining the park infrastructure improvements required to meet the needs of the community. Some parks may have no potential improvements. Recommendations will be based on research and documented community needs. Specific recommendations may include park and recreation features such as additions, renovations, redevelopments, replacements, decommissioning, maintenance, and improvements of proposed parks, playgrounds, shelters, sports courts, parking lots, and turf reduction.
Tool 10: Financial Review and Recommendations
Conduct an analysis of existing financial plans and provide recommendations to address future financial needs consistent with the recommendations in the parks and open space master plan.
Develop budgets for the creation of new park development, maintenance of existing parks, and for the operation of recreation programs and services. Budgets will identify resources required to operate and maintain future parks and recreation programs based on past funding, operating, and maintenance trends. Following the demographic assessment and community needs assessment, budgets will identify funding and resources required to meet these changing needs.
4. Scope of Work (continued)
City of Commerce • Park and Open Space Master Plan 12
The analysis shall include a review of existing funding mechanisms and cost recovery practices for the City’s recreation programs and services. Recommendations will consider cost recovery with affordability.
The recommendations will define annual funding requirements and forecasts for ongoing routine maintenance, and capital replacement normalized to assumed inflation rates. This analytical model will provide the City with future budget requirements based on a series of funding projections.
Tool 11: Operations and Maintenance Plan
Consultant shall evaluate and analyze the City’s current operations and maintenance plan. The evaluation and analysis will develop goals, objectives, policies, and standards to address needs and to maximize the benefit of the park for the community. The Operations and Maintenance Plan will consider usage patterns and maintenance needs consistent with the program vision, policies, and priorities. The Plan will review available indoor gymnasiums and outdoor game fields to address community needs for both youth and adults in the City.
The evaluation and analysis shall review benefits of maintenance provided by contract service providers, compared with a maintenance program provided by in-house personnel.
Recommendations will include industry standard maintenance practices and policies for all park spaces and facilities to ensure adequate attention, care and upkeep is maintained to preserve the expected useful life of each park.
Consultant’s evaluation shall consider the operations, staffing, and maintenance levels for current and identified future needs. Recommendations shall consider proposed modifications and additions to current indoor and outdoor park spaces and facilities. Consultant shall develop and provide cost estimates for proposed modifications, restructuring, and enhancements.
Phase VI - Report and Adoption
Tool 12: Report Development, Review, and Documentation
Draft Master Plan Report Development
The Draft Master Plan report will summarize all information gathered in inventory tasks, community outreach and priorities, analysis, and funding opportunities. Summary narratives will be included within each major section as well. Recommend levels of recreation and park facilities shall be presented graphically and demonstrate distribution of service and opportunity. A list of site-specific projects, acquisitions, and services shall be generated and prioritized.
Final Master Plan Report
RJM will conduct a meeting with City Staff to review and discuss refinements to the Draft report.
Upon receipt of one set of non-conflicting comments from the City, we will revise the document.
The RJM Team will then incorporate City refinements and submit the Second Draft for staff review. Once the Second Draft has been reviewed and non-conflicting comments are received, a final Draft will be developed and formatted for delivery. All original detailed research and summary reports will be cataloged in an Appendix Document/Custom Binder.
Public Meetings and Presentations
RJM will prepare a PowerPoint presentation summarizing the Final Report and present the final draft Master Plan to the Parks, Parks and Recreation Commission and City Council for review, comment, and final direction. Included in this proposal is in person attendance at one Commission meeting and one City Council meeting.
4. Scope of Work (continued)
City of Commerce • Park and Open Space Master Plan 13
Optional Services:
Custom Park Standard Calculations © (CPSC’s)
Unique to our approach is the development of Custom Park Standards calculated based on Actual Use and Participation by residents and non-residents.
RJM will prepare and conduct a Sports Organization Specific Esri Online Survey. The survey is specifically designed to collect valuable information regarding facility usage, team size, recreation seasonality, and player volume that is key to calculating the City’s local demand for sports facilities. The results will be tabulated and used to verify and update the participation rates in selected sports for use in the demand analysis and calculation of the City’s local community parks standard. This standard will represent the unique local demand not just a national averaged benchmark.
Considering the current inventory of recreation facilities, we will identify surpluses and deficiencies in existing parks and recreation-related facilities to serve the community as it exists now and with projections to 2032. One of the primary advantages to this methodology for determining need is that it provides a quantitative, unbiased evaluation of the surpluses and deficits in the City’s parks and recreation facilities, both currently and in the future.
City of Commerce • Park and Open Space Master Plan | 14 Anticipated Start Date: August 2022
Anticipated Completion Date: January 2023
Commerce Park and Open Space Master Plan Project Timeline Successful project scheduling begins with experience derived in the development of similar projects. This experience is then utilized to develop a comprehensive and sequential scope of work that outlines the evolution of the project. This experience allows for an accurate provision of time for the “known” elements. (consultant team performance), as well as the allocation of best estimates for “anticipated” elements (client, agency review / approval process and timeframes). Key milestones are also identified (meetings, reviews, agency submittal dates, approvals).
The schedule below represents a snap shot of what the likely timeline is for the City of Commerce’s Park and Open Space Master Plan project. COMMERCE PARKS AND OPEN SPACE MASTER PLAN
PROPOSED PROJECT TIMELINE
{42}
Inventory Complete
9/1/22
Needs Complete
11/22/22
Recommendations
Complete
12/15/22
Final Report
1/15/23
7/18/22 8/7/22 8/27/22 9/16/22 10/6/22 10/26/22 11/15/22 12/5/22 12/25/22 1/14/23 Tool 1: Work Plan/Kick Off Meeting
Tool 1: Work Plan/Monthly Review Meetings
Tool 2: Existing Documentation Review
Tool 3: Parks, Open Space and Facility Assessment
Tool 4: Rec. Programs Assessment
Tool 5: Demographic Assessment
Tool 6: Community Engagement
Project Website Development
Project Website Launch
Stakeholder Interviews
Statistically Valid Survey
Community Workshop #1
Community Workshop #2
Community Workshop #3
Community Workshop #4
Benchmark Analysis
Tool 7: Community Needs Assessment
Tool 8: Opportunity Sites
Tool 9: Recommendations
Tool 10: Financial Review and Recommendations
Tool 11: Draft and Final Report
Tool 11: Presentations
Phase 1:
Project
Mgmt.
Phase 2: Existing
Conditions Analysis Phase 3: Public Outreach & Participation Phase 4: Needs
Summary &
Recommendations
Phase 5:
Report &
Adoption
5. Project Schedule
City of Commerce • Park and Open Space Master Plan | 15
6. Key Personnel
City of Commerce
Zachary Mueting
Principal
RJM Design Group
Kristen Schnell
Project Manager
RJM Design Group
Tyler Page
Landscape Architect
RJM Design Group
Timothy McLarney
Survey Specialist
True North Research
Ed Crofts
Senior Associate
RJM Design Group
The Community/
Stakeholders
Rubio Medina
Architect
16 | City of Commerce • Park and Open Space Master Plan Zachary Mueting, LLA LEED AP (BD+C)
Principal In Charge, RJM Design Group, Inc.
San Juan Capistrano, CA
Zachary Mueting has been with RJM Design Group since 2005. Zachary is a licensed Landscape architect with a strong background in recreation planning and design. Combining degrees in computer science, a masters in landscape architecture, and 15 years of community engagement experience, Zachary has developed the most detailed community engaged master planning product available. Furthering that achievement Zachary has implemented a master planning toolkit approach with several of RJM’s long term clients.
Zachary’s experience, education, professional accreditation, and publication of community consensus building techniques enables him to fulfill his role facilitating the community outreach meetings, landscape planning and design services, and achievement of appropriate design solutions that create community.
Related Project Experience
• Parks and Recreation Needs Assessment, San Dimas, CA
• Community Services Master Plan, Temecula, CA
• Comprehensive Parks, Recreation, and Community Services Master Plan, Riverside, CA
• Parks and Facilities Condition and Utilization Assessment, Cypress, CA • Update of Open Space Master Plan of Parks and Recreation, Costa Mesa, CA • Parks, Trails, Open Space, and Recreation Master Plan, Menifee, CA • Parks and Open Space Master Plan, Downey, CA
• Park and Recreation Master Plan, Huntington Beach, CA • Recreation Needs Assessment, Goleta, CA
• Jurupa Community Services District Parks and Recreation Master Plan, Eastvale, CA
• Parks, Recreation, Trails, and Open Space Master Plan Update, San Bernardino, CA
• Parks and Recreation Master Plan, Murrieta, CA
• Parks and Recreation Master Plan, Banning, CA
• Chino Hills Parks & Recreation Open Space Master Plan Update, Chino Hills, CA
• Parks, Recreation, Trails, and Open Space Master Plan Update, Santa Clarita, CA
• Aliso Viejo Community Association Parks & Recreation Master Plan, Aliso Viejo, CA
• Laguna Woods Village Recreational Needs Assessment, Laguna Woods, CA • Long Range Master Plan, Lake Mission Viejo Association, Mission Viejo, CA Licenses
Landscape Architect / CA 5731
Education
Masters Degree,
Landscape Architecture,
California State Polytechnic
University, Pomona, CA
Bachelor of Science,
Information Technology,
Colorado Technical University, CO
Bachelor of Science,
Information Systems Management,
Colorado Technical University, CO
6. Key Personnel (continued)
City of Commerce • Park and Open Space Master Plan | 17 Kristen Schnell
Project Manager/Research Analyst, RJM Design Group, Inc.
San Juan Capistrano, CA
Kristen Schnell has over 20 years of experience working on Parks and Recreation Master Plans. Her responsibilities include tracking all pertinent data and distributing to the consultant team, tracking project schedule and ensuring target dates are met, day-to-day correspondence, preparing summary reports & exhibits, preparing for and attending community outreach events, and preparation of the master plan report.
In addition, Kristen has considerable experience working within the processing systems of several California jurisdictions. She is currently pursuing her AICP certification and is a member of the American Planning Association.
Related Project Experience
• Recreation Park Needs Assessment, El Segundo, CA
• Parks and Recreation Needs Assessment, San Dimas, CA
• Community Services Master Plan, Temecula, CA
• Comprehensive Parks, Recreation, and Community Services Master Plan, Riverside, CA
• Senior Center Needs Assessment, Tustin, CA
• Parks Recreation Master Plan, Banning, CA
• Parks and Recreation Master Plan Update, Murrieta, CA • Parks, Trails, Open Space and Recreation Master Plan Update, San Bernardino, CA
• Parks, Recreation, and Open Space Master Plan Update, Santa Clarita, CA • Parks, Recreation and Open Space Master Plan Update, Chino Hills, CA • Parks, Recreation, and Open Space Master Plan, Dana Point, CA • Recreation Needs Assessment for Laguna Woods Village (age-restricted community), PCM, Inc.
• Recreation and Parks Master Plan, Pasadena, CA
• Parks and Recreation Master Plan Update, Aliso Viejo Community Association, Aliso Viejo, CA
• Recreation, Parks, Green Space and Family Services Master Plan, Azusa, CA • Update of Open Space Master Plan of Parks and Recreation, Costa Mesa, CA • Parks and Recreation Master Plan, Norwalk, CA
• Recreation Needs Assessment, San Juan Capistrano, CA
• Parks and Recreation Master Plan, Yucaipa, CA
• Recreation Needs Assessment, West Hollywood, CA
• Parks and Recreation Master Plan, La Quinta, CA
Education
Bachelor of Science, Biology
University of California,
Santa Cruz, CA
6. Key Personnel (continued)
18 | City of Commerce • Park and Open Space Master Plan Education
Bachelor of Arts, Psychology
Cal State University
Fullerton, CA
Business and Computer Science
Pepperdine University
Malibu, CA
Professional and Civic Positions
Community Services Manager,
City of Costa Mesa
Community Services Manager,
City of Irvine
Ed Crofts
Senior Associate, RJM Design Group, Inc.
San Juan Capistrano, CA
Ed Crofts is a seasoned public servant and community leader with exceptional customer service experiences. A hands-on administrator experienced with developing relationships with a variety of individuals, organizations, businesses, and within a variety of program areas.
A creative and innovative team leader managing existing and new business service models.
Related Experience
• Public Administration: An experienced and successful manager with administrative oversight for personnel, facilities, and a business office with more than 250 employees. Administrative experience includes development and updates to a variety of personnel, operations, and public policy documents to provide exceptional services to the community, in addition to driving tourism, events, and the economics associated.
• Customer Service & Public Relations: A career of public service and work experience in the City of Irvine’s Community Services Department.
Developing and maintaining internal and external relationships has been both a privilege and passion in serving customers and the community of Irvine. Experiences included managing a variety of programs, events, and facilities, including the leadership of the Community Services Department’s emergency management team, its front counter reception, program registration, facility reservations teams, and its team at the Irvine Animal Care Center.
• Budget/Finance Management: An experienced and finance-oriented budget manager with outstanding results for more than 25 years. Creative and innovative solutions have been developed and managed within my budget to reduce costs, while expanding delivery of services. Managed an annual operating budget in excess of $10 million and teams that managed events with a community economic impact in the 10’s of millions annually. • Facility Management: Experience includes permitting, managing, and operating more than 100,000sf of indoor facilities and a variety of amenities within more than 500 acres of developed outdoor park spaces, and more than 300 reservation spaces and facilities. Managing facilities involved ongoing weekly activities, in addition to, large special events and specialty facilities, such as the Irvine Animal Care Center and its operations team. • Park Planning: An experienced park planner, developer, and project manager with direct hands-on experience with dozens of projects. Park Planning responsibilities include development/updates to park standards manuals, review/approval of construction plan documents, development of financial operating models, and working on site with the construction team as the owner’s project manager.
• Recreation Market Analysis: Experience includes evaluating the market for development of new recreation venues and programs. Experience includes developing operating models, policy and fee studies, and fiscal projections to assist agencies with new park programs and development projects.
6. Key Personnel (continued)
City of Commerce • Park and Open Space Master Plan | 19 Timothy McLarney, PhD
Survey Specialist, True North Research
Encinitas, CA
Timothy McLarney, Ph.D., has more than 20 years of experience in survey methodology, statistics, public opinion analysis, and providing data-driven advice to public agencies. As President and co-founder of True North, Dr. McLarney is responsible for the design, management and analysis of True North’s qualitative and quantitative research projects, including those that address community needs assessments, performance measurement, public policy, and planning. Dr. McLarney is a nationally recognized expert in survey research methodology, sampling theory, weighting and the use of statistical methods to generalize survey results. His research has been recognized at numerous national and state conferences, has been published in academic journals, and has earned him honors including the title of Visiting Scholar at the Institute of Governmental Studies at UC Berkeley.
Related Project Experience
• Citywide Park Needs Assessment, Laguna Niguel, CA (with RJM) • Community Services Master Plan, Temecula, CA (with RJM) • Nine surveys for the City of Mission Viejo, including six for performance measurement, planning, priority-setting, and policymaking purposes., Mission Viejo, CA
• More than a dozen (12+) surveys for the City of Lake Forest since 1998 to help the City measure its performance, identify priority capital improvement projects, and inform the development of its parks, trails, and recreational facilities, Lake Forest, CA
Education
Ph.D. and Masters, Government
with emphasis on survey
methodology, sampling theory
and public opinion analysis
Cornell University
New York, NY
Bachelors Degree, Politics
University of California,
Santa Cruz, CA
Tyler Page, LLA
GIS/Landscape Architect, RJM Design Group, Inc.
San Juan Capistrano, CA
Tyler Page leads the GIS department for RJM Design Group and specializes in ArcGIS Pro mapping, Survey 123 survey development, and Business Analyst. Our goal is to provide agencies (public or private) a robust way to understand the needs/desires of the community and enable convenient ways for those community members to participate.
The geo-referenced capability of Survey123 enables RJM to graphically analyze the data. The advantage of this greater understanding of community needs and how it relates to geography provides an essential component for sound planning and decision making. Tyler combines these tools together essentially outlining the ‘what’ and ‘where’.
Related Project Experience
• Parks and Recreation Needs Assessment, San Dimas, CA
• Community Services Master Plan, Temecula, CA
• Park, Recreation & Community Services Master Plan, Riverside, CA • Parks, Trails, and Recreation Master Plan Update, Brentwood, CA • Parks and Recreation Master Plan Update, Costa Mesa, CA Licenses
Landscape Architect / CA 6648
Education
Bachelor of Science, Landscape
Architecture - California
Polytechnic University, Pomona -
Magna Cum Laude
6. Key Personnel (continued)
20 | City of Commerce • Park and Open Space Master Plan
6. Key Personnel (continued)
Rubio Medina
Owner, Architect
RM Architect
RM Architect is a sole proprietor, full service architectural, planning, and construction management firm established in 2010. They devote principal level leadership to each and every project. With this approach RM Architecture is able to provide quality services which results in successfully implemented projects, lasting relationships and repeat clients.
With a diverse background RM Architecture is able to quickly establish and identify programmatic obstacles, establish consensus among multiple stakeholders, and develop design solutions that are relevant, have character, and are engaging. They are a certified small business enterprise (SBE) located in the City of Irvine providing services to the surrounding counties of Riverside, Los Angeles, San Diego, and Orange County.
Registrations: CA Architect c. 30059
Project Experience
• Balboa Island Fire Station Remodel, Newport Beach, CA • Big Canyon Reservoir Auxiliary Facility Maintenance Yard, Newport Beach, CA
• Corona Fire Department Facility Assessment/Planning
• Costa Mesa City Hall Restroom Accessibility Renovation, Costa Mesa, CA
• Costa Mesa City Hall Remodel, Costa Mesa, CA
• El Segundo Beach Lifeguard Station, El Segundo, CA
• Glendale Fire Facility Assessment, Glendale, CA
• Inland Empire Utilities Agency Tenant Improvement,
Ontario, CA
• Inland Empire Utilities Agency Operations Building
Assssment and Space Planning, Ontario, CA
• Irvine On-Call Architectural Services, Irvine, CA
• Laguna Beach Main Beach Restroom Replacement,
Laguna Beach, CA
• Laguna Beach On-Call Architectural Services,
Laguna Beach, CA
• Main Branch Library Remodel, Newport Beach, CA
• Montebello Land and Water Reservoir Façade, Montebello, CA • Nature Center ADA Upgrades, Irvine, CA
• Newport Beach Lifeguard Remodel, Newport Beach, CA
• Orange County Water District Annex Facility Locker Room Remodel, Fountain Valley, CA
• Rodgers Senior Center Upgrades, Huntington Beach, CA
• Santa Monica Fire Facility Assessment and Programming • Santa Monica On-Call Architectural Services, Santa Monica, CA • South Coast Water District Lift Station 2 Façade,
Laguna Beach, CA
City of Commerce • Park and Open Space Master Plan | 21 Parks and Recreation Needs Assessment
San Dimas CA
Project Summary
The San Dimas Parks and Recreation Needs Assessment clearly defines the parks and recreation facility needs of the community and identifies surpluses and deficiencies with existing facilities. This project included a comparison of the City’s department organization, staffing, parks and recreation amenities, and programs to ten (10) comparable cities to establish a benchmark comparison. The community engagement process included stakeholder interviews, 3 virtual town hall meetings, a sports organization survey, and a statistically-valid multi-mode survey. Custom park standards were calculated based on the actual participation of San Dimas residents. A program inventory and evaluation were conducted on the existing programs and services offered. A final community workshop prioritized current and future park and recreation needs using a virtual meeting platform. Recommendations included key strategies, funding sources and CIP plan. The final report is a roadmap to guide the development of San Dimas’ Parks and Recreation Services now and into the future.
Status: Completed 2020
Client: The City of San Dimas
Project Date: April 2020 to December 2020
Size: 15.4 square miles
Population: 34,966
Client Reference
Scott Wasserman
Director of Parks and Recreation
City of San Dimas
phone: (909) 394-6233
email: [email protected]
Project Team
Principal: Zachary Mueting
Project Manager: Kristen Schnell
8. Project Experience
22 | City of Commerce • Park and Open Space Master Plan 31 30
19 20
40 41
17 39
23 14
15 38
34 37
12 1
32 2
18 8
11 25
36 29
16 4
21 27
10 6
3 9
24 22
7 26
13 35
28 5
33 CC CRC
HCPR
MPSC
MRC
OTTCT
PW
RHRTPL
TCC
TVM
THC
ks and Facilities
City of Temecula - Community Services Master Plan, 2019 Legend
Parks
1- Bahia Vista Park
2 - Butterfield Stage Park
3 - Calle Aragon Park
4 - Crowne Hill Park
5 - Eagle Soar Playground and Splash Pa
6 - Harveston Community Park
7 - Harveston Lake Park
8 - John Magee Park
9 - Kent Hintergardt Memorial Park
10 - Loma Linda Park
11 - Long Canyon Creek Park
12 - Margarita Community Park
13 - Meadows Park
14 - Nakayama Park
15 - Nicolas Road Park
16 - Pablo Apis Park
17 - Pala Community Park
18 - Paloma Del Sol Park
19 - Paseo Gallante Park
20 - Patricia H. Birdsall Sports Park
21 - Pauba Ridge Park
22 - Redhawk Community Park
23 - Riverton Park
24 - Ronald Reagan Sports Park
25 - Rotary Park
26 - Sam Hicks Monument Park
27 - Serena Hills Park
28 - Skyview Park
29 - Stephen Linen Jr. Memorial Park
30 - Sunset Park
31 - Temecula Creek Trail Park
32 - Temecula Duck Pond & Veteran's M
33 - Temecula Skate Park
34 - Temeku Hills Park
35 - Town Square Park
36 - Vail Ranch Park
37 - Veteran's Park
38 - Voorburg Park
39 - Winchester Creek Park
40 - Wolf Creek Park
41 - Wolf Creek Trail Park
Legend
Facilities
1 - Community Recreation Center (CRC)
2 - Conference Center at Civic Center (CC)
3 - Harveston Community Park Room (HCPR)
4 - Jefferson Recreation Center (JRC)
5 - Mary Phillips Senior Center (MPSC)
6 - Margarita Recreation Center (MRC)
7 - Old Town Temecula Community Theater (OTTCT)
8 - Pennypickle's Workshop / Children's Museum (PW)
9 - Ronald H. Roberts Temecula Public Library (RHRTPL)
10 - Temecula Community Center (TCC)
11 - Temecula HELP Center and Barn (THC)
12 - Temecula Valley Museum / Chapel of Memories (TVM)
15 15
Community Services Master Plan
Temecula, CA
Status: Completed 2020
Client: The City of Temecula
Project Date: May 2019 to August 2020
Size: 37 square miles
Population: 114,327
Client Reference
Kevin Hawkins
Director of Community Services
City of Temecula
phone: (951) 694-6480
email: [email protected]
Project Summary
The Master Plan process commenced with an examination of the characteristics that define the community, and an inventory of the existing recreational opportunities and resources available within the City. Temecula’s Community Services Department includes Arts and Culture, Homeless Outreach, and Library Services. The City prides itself on providing inclusive services for the disabled, veterans, and the senior populations. Established methods of community involvement included a multi-modal survey, stakeholder interviews, focus groups, a sports organization questionnaire, and ward specific community workshops. Community issues, recreational facility and program usage patterns and the community needs for parks and recreation facilities were developed. Identified needs, facility usage patterns, recreation standards and population projections provide the basis for the quantification of facilities required to meet identified community needs were identified. Trail connections and regional trail goals were identified. The final report includes inventory, assessment and recommendations for parks, recreation facilities, programs, trails, arts and culture, and staffing evaluation. Operations and maintenance recommendations as well as a financial strategy plan summarizes an implementation plan for the City.
Project Team
Principal: Zachary Mueting
Project Manager: Kristen Schnell
Survey Consultant: Timothy McLarney
8. Project Experience
City of Commerce • Park and Open Space Master Plan | 23 Project Summary
The Master Plan process commenced with an examination of the characteristics that define the community, and an inventory of the existing recreational opportunities and resources available within the City. The inventory and analysis provided the foundational understanding of the community and serves as the starting point from which community members are engaged and their needs are identified.
Established methods of community involvement included a community wide telephone survey, stakeholder interviews, focus groups, GIS community online survey, a sports organization questionnaire, and ward specific community workshops which provided multiple opportunities to engage the community members, and multiple measures from which a broad understanding of community issues, recreational facility and program usage patterns and the community needs for parks and recreation facilities is developed. Identified needs, facility usage patterns, recreation standards and population projections provide the basis for the quantification of facilities required to meet identified community needs. Facility recommendations are derived based on priority of needs, then general cost for recommendations are identified. A full CASp report was also prepared as part of this project.
Comprehensive Parks, Recreation & Community Services
Master Plan
Riverside, CA
Status: Completed 2019
Client: The City of Riverside
Project Date: June 2018 to December 2019
Size: 81.5 square miles
Population: 327,728
Client Reference
Adolfo Cruz
Director of Parks, Recreation & Community Services
City of Riverside
phone: (951) 826-2075
email: [email protected]
Project Team
Principal: Zachary Mueting
Project Manager: Kristen Schnell
8. Project Experience
24 | City of Commerce • Park and Open Space Master Plan Status: Completed 2019
Client: The City of Eastvale
Project Date: October 2018 to April 2019
Size: 13.1 square miles
Population: 63,211
Client Reference
Wendy Landreth
Parks Administrative Assistant
Jurupa Community Services District
phone: (951) 685-7434
email: [email protected]
Jurupa Community Services District (JCSD) Parks & Recreation Master Plan Update
Eastvale, CA
Project Summary
In 2012, RJM Design Group completed a Parks and Recreation Master Plan for the Jurupa Community Services District (JCSD) Parks and Recreation Department, which provides services in northwestern Riverside County within the boundary of the City of Eastvale.
RJM utilized methods of community involvement including a telephone survey, stakeholder interviews, community workshops, and workshop attendee questionnaires, which provided an understanding of community issues, recreational facility and program usage patterns, and community needs for parks and recreation facilities and programs. RJM provided recommendations for programs and facilities, facility costs, and opportunities for potential funding sources.
Due to an explosion in population and housing developments during 2013-2018, RJM was asked to update the 2012 master plan to include the needs of the new population and demographics. The update focused on key elements including sports organization demand analysis, population demographics analysis, and local trends review for new recreation elements. The final update included new estimates for proposed park improvements.
93 1
2 3
4 5
6 7
8 9
10 11
12 14
13 Legend
JCSD Resident Online Survey Respondents
Survey Respondents -.25 mile buffer
Survey Respondents - .5 mile buffer
Existing JCSD Parks
1-American Heroes Park
2-Cedar Creek Park
3-Dairyland Park
4-Deer Creek Park
5-Half Moon Park
6-Harada Heritage Park
7-James C. Huber Park
8-McCune Family Park
9-Mountain View Park
10-Orchard Park
11-Providence Ranch Park
12-Riverwalk Park
13-Symphony Park
14-Eastvale Community Park
Boundaries
City of Eastvale
JCSD Parks and Recreation
¯ 0 0.5 1 2
Miles
Online Survey Respondent Locations
JCSD Parks and Recreation, Master Plan Update 2018
Project Team
Principal: Zachary Mueting
Project Manager: Kristen Schnell
8. Project Experience
City of Commerce • Park and Open Space Master Plan | 25 Open Space Master Plan of Parks & Recreation
Costa Mesa, CA
Status: Completed 2018
Client: The City of Costa Mesa
Project Date: April 2017 to October 2018
Project Size: 15.8 square miles
Population: 113,825
Client Reference
Jason Minter
Parks & Community Services Director
City of Costa Mesa
phone: (714) 754-5065
email: [email protected]
Project Summary
The City of Costa Mesa is a coastal community with a very diverse, built-out population of over 113,000 residents. RJM Design Group was contracted to develop the cities original Parks Master Plan in 2002.
After successfully following the document the city again contracted RJM to update the document for the next 15 years.
The project included complete inventory and assessment of all the recreation facilities and programs, extensive community outreach, stakeholder interviews, and workshops. The resulting document concluded in recommendations for maintenance and operations, funding sources, prioritized facility improvements, park facility and rehabilitation cost estimates, as well as a six year capital improvement plan.
Costa Mesa’s Park Master Plan is a community supported city wide plan that will continue to guide the successful development of the parks and recreation facilities in Costa Mesa for the another 15 years.
Project Team
Principal: Zachary Mueting
Project Manager: Kristen Schnell
8. Project Experience
26 | City of Commerce • Park and Open Space Master Plan Parks & Recreation Master Plan
Huntington Beach, CA
Status: Completed 2016 (Currently Updating)
Client: The City of Huntington Beach
Project Date: November 2015 to January 2016
Size: 32.1 square miles
Population: 201,874
Client Reference
Chris Slama
Director of Community Services
City of Huntington Beach
phone: (714) 536-5495
email: [email protected]
Project Summary
Nicknamed “Surf City” for its beautiful wide beaches and consistently breaking surf. The City of Huntington Beach has a large and well-established park system with over seventy five (75) parks and numerous community recreation buildings. The City contracted RJM Design Group to update its existing Parks and Recreation Master Plan. The first phase of the project included a background review of the demographics and community trends and their impact on the park system. The second phase involved a detailed inventory of the facilities and programs currently provided in the City, as well as a gap analysis of the existing facilities to determine locations where recreational opportunities are needed. The third phase included a thorough public involvement process including executive interviews, sports organization questionnaire, telephone survey, and public workshops. The fourth phase looked at the demand and needs for facilities based on the inventory of existing facilities and the data derived from the prior phases.
Recommendations included an opportunities feasibility analysis, acquisition plan, cost estimates, capital improvement plan, and sustainable practices/maintenance and operations management plan.
Project Team
Principal: Zachary Mueting
Project Manager: Kristen Schnell
8. Project Experience
City of Commerce • Park and Open Space Master Plan | 27 RJM DESIGN GROUP, INC. offers its clients personalized service that is delivered on time and within budget.
The principals of RJM maintain personal involvement in all aspects of the project. Our success is based on our ability to perform, meeting the needs of the client and the project. Please feel free to contact all our references as we are sure they will share their success stories of projects we have helped them accomplish.
9. References
“The Master Plan Update was long
overdue. RJM Design Group produced a
strong product. The participation process
will make this report a useable document
that will not just sit on a shelf.”
- Kevin Hawkins, City of Temecula
“Thank you for working on our plan, it is
a very good plan and has been useful.”
-Adolfo Cruz, City of Riverside
Agency Name & Contact Information:
Scott Wasserman
Director of Parks & Recreation
CITY OF SAN DIMAS
phone: (909) 394-6233
email: [email protected]
Services:
Parks and Recreation Needs Assessment
March 2020 - December 2020
Link to report: https://
rjmdesigngroup.sharefile.com/ds665972d3d0d5464a8d1748a62ae3abc8 Agency Name & Contact Information:
Kevin Hawkins
Director of Community Services
CITY OF TEMECULA
phone: (951) 694-6480
email: [email protected]
Services:
Community Services Master Plan
April 2019 - February 2020
Link to report: https://temeculaca.gov/
DocumentCenter/View/11006/TemeculaCommunity-Services-Master-Plan Agency Name & Contact Information:
Adolfo Cruz
Director of Parks, Rec. & Community Serv.
CITY OF RIVERSIDE
phone: (951) 826-2075
email: [email protected]
Services:
Comprehensive Master Plan
June 2018 - December 2019
Link to report: https://riversideca.gov/
park_rec/sites/riversideca.gov.park_rec/
files/56402%20Riverside%20Master%20
Plan%20Final%2002-26-20.pdf
Agency Name & Contact Information:
Wendy Landreth
Parks Administrative Assistant
JURUPA COMMUNITY SERVICES DISTRICT
phone: (951) 685-7434
email: [email protected]
Services:
Parks and Recreation Master Plan Update
December 2018-March 2019
Parks and Recreation Master Plan
January 2011 - November 2011
Link to report: https://www.jcsd.us/home/
showdocument?id=4705
Agency Name & Contact Information:
Chris Slama
Director of Community Services
CITY OF HUNTINGTON BEACH
phone: (714) 536-5495
email: [email protected]
Services:
Parks and Recreation Master Plan
April 2015 - July 2016
Link to report: https://www.
huntingtonbeachca.gov/announcements/
attachments/Parks-and-Recreation-MasterPlan-Rev2016.2.5.pdf Agency Name & Contact Information:
Jason Minter
Parks & Community Services Director
CITY OF COSTA MESA
phone: (714) 754-5065
email: [email protected]
Services:
Open Space Master Plan of Parks and
Recreation
January 2017 - June 2018
Link to report: http://ftp.costamesaca.
gov/costamesaca/council/
agenda/2018/2018-02-13/SS-1-Attach-4.pdf
RJM Design Group, Inc.
31591 Camino Capistrano
San Juan Capistrano, CA 92675
[email protected]
www.RJMdesigngroup.com
[949] 493-2690 fax
[949] 493-2600 phone
City of Commerce
Park & Open Space Master Plan
FEE PROPOSAL (06/27/22)
CITY OF COMMERCE
Parks and Open Space Master Plan
Hourly Fee Spreadsheet
Rubio Medina,
RM Architecture
True North
Research
(Optional)
Architect Statistically Valid
Survey
Hourly Rate
Hours Amount Hours Amount Hours Amount Hours Amount Fees Fees Tool 1 - Work Plan 10 $2,100 5 $875 15 $2,325 0 $0 $5,300 PHASE I - SUBTOTALS 10 $2,100 5 $875 15 $2,325 0 $0
PHASE I - TOTAL FEES $0 $0 $5,300
Tool 2 - Existing Documentation Review 5 $1,050 0 $0 20 $3,100 0 $0 $4,150 Tool 3 - Parks, Open Space & Facilities Assessment 5 $1,050 0 $0 25 $3,875 15 $2,175 $12,500 $19,600 Tool 4 - Recreation Program Assessment 5 $1,050 27 $4,725 10 $1,550 0 $0 $7,325 Tool 5 - Demographic Assessment 5 $1,050 0 $0 15 $2,325 10 $1,450 $4,825 PHASE II - SUBTOTALS 20 $4,200 27 $4,725 70 $10,850 25 $3,625 PHASE II - TOTAL FEES $12,500 $0 $35,900
Tool 6 - Community Engagement:
Project Website Development & Updates 10 $2,100 0 $0 15 $2,325 20 $2,900 $7,325 Stakeholder Interviews 15 $3,150 0 $0 20 $3,100 0 $0 $6,250 Multi-Modal Community Survey 5 $1,050 0 $0 10 $1,550 0 $0 $29,050 $31,650 Workshop #1 10 $2,100 0 $0 20 $3,100 20 $2,900 $8,100
Workshop #2 10 $2,100 0 $0 20 $3,100 20 $2,900 $8,100
Workshop #3 10 $2,100 0 $0 20 $3,100 20 $2,900 $8,100
Workshop #4 10 $2,100 0 $0 20 $3,100 20 $2,900 $8,100
Park Facility Benchmark Analysis (Value Added) $0
PHASE III - SUBTOTALS 70 $14,700 0 $0 125 $19,375 100 $14,500 PHASE III - TOTAL FEES $0 $29,050 $77,625
Tool 7 - Community Needs Assessment 10 $2,100 0 $0 15 $2,325 0 $0 $4,425 Tool 8 - Opportunity Sites 15 $3,150 0 $0 15 $2,325 0 $0 $5,475 Tool 9 - Park, Facility & Program Recommendations 15 $3,150 0 $0 15 $2,325 15 $2,175 $7,650 Tool 10 - Financial Review & Recommendations 5 $1,050 33 $5,775 5 $775 0 $0 $7,600 Tool 11 - Operations and Maintenance Plan 5 $1,050 20 $3,500 10 $1,550 0 $0 $6,100 PHASE IV - SUBTOTALS 50 $10,500 53 $9,275 60 $9,300 15 $2,175 PHASE IV - TOTAL FEES $0 $0 $31,250
Tool 12 - Report Development and Public Meetings:
Draft Master Plan Report Development 10 $2,100 0 $0 20 $3,100 25 $3,625 $8,825 Final Master Plan Report 10 $2,100 0 $0 15 $2,325 15 $2,175 $6,600 Public Meetings and Presentations 10 $2,100 6 $1,050 20 $3,100 0 $0 $6,250 PHASE VI - SUBTOTALS 30 $6,300 6 $1,050 55 $8,525 40 $5,800 PHASE VI - TOTAL FEES $0 $0 $21,675
COMBINED PHASE FEE TOTAL $12,500 $29,050 $171,750
Custom Park Standards Calculation (CPSC) 15 $3,150 0 $0 30 $4,650 15 $2,175 $9,975
PHASE FEE
TOTALS
LEAD CONSULTANT
RJM Design Group, Inc.
Principal Senior Associate
$145
GIS
SUBCONSULTANT
PHASE V - REPORT DEVELOPMENT
PHASE IV - NEEDS SUMMARY AND RECOMMENDATIONS
$23,400
$48,575
FEE GRAND TOTAL
$130,200
$171,750
$21,675
$31,250
OPTIONAL SERVICES
PHASE I - PROJECT MANAGEMENT
Task Description
PHASE II - EXISTING CONDITIONS ANALYSIS
PHASE III - COMMUNITY OUTREACH AND ENGAGEMENT
Project Manager
$5,300
$210 $175 $155
1 | City of Commerce • Park and Open Space Master Plan
City of Commerce • Park and Open Space Master Plan | 2
Fee Proposal
It is the objective of our Team to provide the most comprehensive, yet efficient, approach to the development of the City of Commerce Park and Open Space Master Plan. This fee includes all costs to be incurred by RJM Design Group, Inc. with the exception of reimbursable expenses. Fees for the work are as follows:
Phase/Task Fee
PHASE I - Project Management
Tool 1 - Work Plan $ 5,300.00
PHASE II - Existing Conditions Analysis
Tool 2 - Existing Documentation Review $ 4,150.00
Tool 3 - Parks, Open Space & Facility Assessment $ 19,600.00 Tool 4 - Recreation Program Assessment $ 7,325.00
Tool 5 - Demographic Assessment $ 4,825.00
PHASE III - Community Outreach and Engagement
Tool 6 - Community Engagement
Project Website Development & Updates $ 7,325.00
Stakeholder Interviews $ 6,250.00
Statistically Valid Multimodal Survey $ 31,650.00
Workshop #1 $ 8,100.00
Workshop #2 $ 8,100.00
Workshop #3 $ 8,100.00
Workshop #4 $ 8,100.00
Park Facility Benchmark Analysis RJM value added service PHASE IV - Needs Summary and Recommendations
Tool 7 - Community Needs Assessment $ 4,425.00
Tool 8 - Gap Analysis & Opportunity Sites $ 5,475.00
Tool 9 - Parks, Facility, and Program Recommendations $ 7,650.00 Tool 10 - Financial Review and Recommendations $ 7,600.00 Tool 11 – Operations and Maintenance Plan $ 6,100.00
PHASE V - Report Development
Tool 12 - Report Development and Public Presentations $ 21,675.00 Total Project Fee*: $171,750.00
Optional Services
Custom Park Standards Calculation (CPSC) $ 9,975.00
*Note: This fee summary represents our current understanding of the project scope and complexity.
The scope of work and associated fees are subject to refinement at Client’s request. We have developed the scope and fee for this project to be as inclusive as possible. We would be happy to meet with the city to review the fees and make any modifications necessary to better match the available budget.
REIMBURSABLE EXPENSES (Estimated Allowance $10,000)
When incurred, the following project expenses will be billed at cost plus 15% administrative fee in addition to the above fee proposal:
• Printing, plotting, copying, scanning, photography, graphic expenses • Delivery and handling of documents, shipping
• Permits, plan check, and inspection fees
• City business license
3 | City of Commerce • Park and Open Space Master Plan
PAYMENTS
Payments are due and payable on a monthly basis following the completion of any substantial phase of work. Carrying charges for overdue accounts beyond 30 days of billing date are charged at 1.5% of the amount due, compounded monthly.
ADDITIONAL SERVICES
Professional services not specifically identified in the scope of work will be considered additional services and may be performed at Client’s request, reimbursable at consultant’s standard hourly rates. Additional services may include, but are not limited to:
• Additional meetings, presentations, or site visits beyond those identified in the scope of work. • Exhibit preparation beyond that identified in the scope of work. • Revisions to documents required as a result of changes in Client’s direction; changes subsequent to Client’s approval; or changes in governmental codes or regulations. • Design of improvements beyond the designated project site, or due to changes in project phasing schedule.
• Specialized billing or accounting forms, invoices, spreadsheets. • Engagement of other consultants not specifically identified below.
CONSULTANTS’ HOURLY RATES
Compensation for additional services will be billed hourly at our standard rates* below:
RJM Design Group
Principal Landscape Architect $210.00 per hour
Senior Associate $175.00 per hour
Project Manager $155.00 per hour
GIS $145.00 per hour
Clerical $ 85.00 per hour
RM Architecture
Principal $175.00 per hour
Associate $125.00 per hour
True North Research
Principal $375.00 per hour
Associate $325.00 per hour
*Charges for subconsultant services are billed at cost plus a 15% coordination fee.
Billings for all time and materials and contract extension work shall be in accordance with the level of work performed based on the categories listed above.
Hourly rates will be escalated each August 1st in accordance with any increase in the Consumer Price Index or other mutually agreed upon cost index, beginning with August 1, 2023. Provisions for fee escalation pertain to all contract extensions and additional work.
Fee Proposal
RJM Design Group, Inc.
31591 Camino Capistrano
San Juan Capistrano, CA 92675
[email protected]
www.RJMdesigngroup.com
[949] 493-2690 fax
[949] 493-2600 phone
1 EXHIBIT B
GENERAL TERMS AND CONDITIONS
1. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of the City of Commerce or otherwise act on behalf of Commerce as an agent.
Neither the City of Commerce nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement.
Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City of Commerce.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interests asserted against City by reason of the independent Consultant relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent status of Consultant and the audit in any way fails to sustain the validity of a wholly independent Consultant relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant’s employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 1.
D. Consultant represents to the City, and City relies on Consultant’s representations, that Consultant shall serve solely in the capacity of an independent contractor to the City. Neither the City nor any of its agents will have control over the conduct of Consultant or any of Consultant’s employees, except as otherwise set forth in the Agreement. Consultant may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. The City has no duty, obligation, or responsibility to the Consultant’s agents or employees, including the Affordable Care Act coverage requirements. Consultant is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act with respect to Consultant’s agents and employees. Consultant warrants and represents that the City will not be responsible and will not be held liable for issues related to Consultant’s status as an independent contractor, including Consultant’s failure to comply with Consultant’s duties, obligations, and responsibilities under the Affordable Care Act.
Consultant further agrees to defend, indemnify, and hold the City harmless for any and 2 all taxes, claims, and penalties against the City related to Consultant’s obligations under the Affordable Care Act.
2. Standard of Performance
Consultant shall perform all work to professional standards and in a manner reasonably satisfactory to the City Manager or his/her designee. No additional or different tasks or services shall be performed by Consultant other than those specified in Exhibit A.
3. Indemnification.
A. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform said services and duties.
B. City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnities") shall have no liability to Consultant or any other person for, and pursuant to California Civil Code section 2782.8, Consultant shall indemnify, defend, protect and hold harmless Indemnities from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnities may suffer or incur or to which Indemnities may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or other loss occurring as a result of or allegedly caused by Consultant’s negligent performance of or failure to perform any services under this Agreement or by the negligent or wrongful acts or omissions of Consultant, its agents, officers, directors, subcontractor, sub consultant or employees, committed in performing any of the services under this Agreement. Notwithstanding the foregoing, the provisions of this subsection shall not apply to Claims occurring as a result of the City’s sole negligence or willful acts or omissions.
C. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, sub consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required in this Section, Consultant agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way serve as a waiver of any rights hereunder. This obligation to indemnify and defend Indemnities as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to City.
3 4. Insurance.
A. Without limiting Consultant’s indemnification of Indemnities pursuant to Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below:
(I) Consultant shall maintain Commercial General Liability Insurance with coverage at least as broad as Insurance Services Office Commercial General Liability Form CG 00 01 in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(II) Consultant shall maintain Business Auto Coverage on ISO Business Auto Coverage Form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(III) Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with on a state approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses; (IV) Consultant shall maintain Professional Liability or Errors and Omissions Insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate.
Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
B. City, its officers, officials, employees and volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automotive liability.
C. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved 4 by the City’s Risk Manager.
D. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to CITY via certified mail, return receipt requested, addressed to “Director of Human Resources & Risk Management,” City of Commerce, 2535 Commerce Way, Commerce, California, 90040. Consultant agrees that it will not cancel, reduce or otherwise modify said insurance coverage.
E. Consultant shall submit to City (I) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (II) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City’s appropriate standard forms entitled "Additional Insured Endorsement".
F. Consultant’s insurance shall be primary as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of Consultant’s insurance and shall not contribute with it.
G. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost. City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant’s and the cost of such insurance may be deducted, at the option of City, from payments due Consultant.
5. Release of Information/Confidentiality.
A. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. Consultant’s covenant under this section shall survive the termination of this Agreement.
5 B. Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants 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 person or party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response
6. Ownership of Work Product.
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi¬fied and readily accessible. Consultant shall provide free access to the representatives of the City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit the City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. However, any use, re-use, or modification of said documents for any purpose other than that intended by this Agreement shall be at City’s sole risk. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
7. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it.
Furthermore, Consultant shall avoid the appearance of having any interest which would 6 conflict in any manner with the performance of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Consultant. Consultant’s covenants under this section shall survive the termination of this Agreement.
8. Termination. Notwithstanding any other provision, this Agreement may be duly terminated at any time by the City at its sole discretion with or without cause by serving upon the consultant at least ten (10) days prior written notice (“Notice of Termination”).
Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Unless expressly agreed upon in writing by the City, the City shall not be obligated to pay for any services rendered nor any costs or expenses paid or incurred after the date of termination. The effective date of termination shall be upon the date specified in the written Notice of Termination.
Consultant agrees that in the event of such termination, Consultant must refund the City its prorated share, except for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written Notice of Termination, Consultant shall discontinue performing services, preserve the product of the services and upon payment for services, turn over to City the product of the services in accordance with written instructions of City.
In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City.
9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.
Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises.
10. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, 7 including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
11. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant obligations hereunder, without the prior written consent of City, and any attempt by Consultant to assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.
12. Performance Evaluation. For any Agreement in effect for twelve months or longer, the City Manager may require a written annual administrative performance evaluation within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein.
13. Compliance with Laws. Consultant shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Consultant shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.
14. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder.
15. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 8 16. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Consultant.
17. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Consultant regular business hours or by facsimile before or during Consultant regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
18. Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. However, the Parties may agree to submit any dispute to non-binding arbitration.
19. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
20. Severability. If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect.
21. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the Mayor and attested by the City Clerk.
22. Authority. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
23. Force Majeure. A Party’s performance of any obligation under this Agreement shall be suspended if, and to the extent that, the Party is unable to perform because of any event of Force Majeure. In any such event, the Party unable to perform shall be 9 required to resume performance of its obligations under this Agreement upon the termination of the event or cause that excused performance hereunder. “Force Majeure” herein means an event which is beyond the reasonable control of a Party, including without limitation, (a) acts of God including flood, fire, earthquake, hurricane or explosion, pandemic; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (c) government order or law that prevents either Party from performing its obligations as set forth in this Agreement; (d) actions, embargoes or blockades in effect on or after the date of this Agreement; (e) action by any governmental authority that prevents either Party from performing its obligations as set forth in this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances, other than those involving the affected parties employees; (h) shortage of adequate power or transportation facilities.
Neither Party shall be liable for any delay or default in, or failure of, performance resulting from or arising out of any Force Majeure event, and no such delay, default in, or failure of performance shall constitute a breach by either Party hereunder. Where a Force Majeure event gives rise to a failure or delay in either Party performing its obligations under this Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure event. A Party who becomes aware of a Force Majeure event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement, will forthwith notify the other and inform the other of the period for which it is estimated that such failure or delay will continue. The affected Party shall take reasonable steps to mitigate the effects of the Force Majeure event.