Cities Index.
Exhibit 1- MIG Professional Services Agreement

Corona City Council
January 19, 2022

Document
Exhibit 1- MIG Professional Services Agreement
Meeting
January 19, 2022
Body
Corona City Council
Original file
2.2 MB
Text extracted from the city's file for reading and search. Open the original on corona.legistar1.com. That file is the official record.

DocuSign Envelope ID: 49D2141F-350A-4BCA-8E78-C328C8123627

CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT
WITH MOORE IACOFANO GOLTSMAN, INC. dba MIG
(CITY OF CORONA PARKS AND RECREATION MASTER PLAN, RFP 22-027RH)

1. PARTIES AND DATE.

This Agreement is made and entered into this ____ day of ______ ---- ("Effective Date") by and between the City of Corona, a municipal corporation organized under the laws of the State of California with its principal place of business at 400 South Vicentia A venue, Corona, California 92882 ("City") and Moore Iacofano Goltsman, Inc. ( dba MIG), a California Corporation with its principal place of business at 800 Hearst Ave., Berkeley, CA 94710 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional planning and design services for parks and recreation facilities to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such services for the City of Corona Parks and Recreation Master Plan, RFP 22-027RH project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.
3 .1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional planning and design services for parks and recreation facilities necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules, and regulations.

3.1.2 Term. The term of this Agreement shall be from January 19, 2022 to July 31, 2023 ("Term"), unless earlier terminated as provided herein. Consultant shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Tenn of this Agreement one or more times by executing a written amendment pursuant to Section 3.6.8 below (each a CA\DD\02000.50101\1401461.15 1
(CITY ATTY: 05-19)
DocuSign Envelope ID: 49D2141F-350A-4BCA-8E78-C328C8123627 "Renewal Term"). The terms "Term" and "Renewal Term" may sometimes be generally and collectively referred to as "Term" in this Agreement.

3.2 Responsibilities of Consultant.
3 .2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the Term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3 .2.2 Schedule of Services. Consultant shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference, and in accordance with any other completion schedule or milestones which may be separately agreed upon in writing by the Parties. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All Services performed by Consultant shall be subject to the approval of City.
3 .2.4 · Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Cindy Mendoza, Project Director and Genevieve Sharrow, Project Manager.

3.2.5 City's Representative. The City hereby designates Anne Turner, or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all CA\DD\02000.50101\1401461.15 2
(CITY ATIY: 05-19)
DocuSign Envelope ID: 49O2141F-350A-4BCA-8E78-C328C8123627 purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee.

3.2.6 Consultant's Representative. Consultant hereby designates Cindy Mendoza her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3 .2. 7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3 .2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant agrees that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

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

CA\DD\02000.50101\1401461.IS 3
(CITY ATTY: 05-19)
OocuSign Envelope ID: 49D2141F-350A-4BCA-8E78-C328C8123627 3 .2.9 .1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five ( 5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the Term of the Agreement. Consultant shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant's compliance with the requirements provided for in Section 3.2.9 or any of its sub-sections.

3.2.9.2 Employment Eligibility; Subcontractors, Consultants, Subsubcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work or Services relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.9.1.

3.2.9.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: ( 1) failure of Consultant or its subcontractors, consultants, sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections

3.2.9.1 or 3.2.9.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section

3.2.9.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.9.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3 700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.2.9.5 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority CA\DD\02000.50101\1401461.15 4
(CITY A TTY: 05-19)
DocuSign Envelope ID: 49D2141F-350A-4BCA-8E78-C328C8123627 Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.9.6 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3 .2.10 Insurance.

3.2.10.1 Time for Compliance. Promptly following the Effective Date of this Agreement, but in no event before Consultant commences any Services under this Agreement, Consultant shall provide evidence satisfactory to the City that it has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants.

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001 ); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 ( any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury, advertising injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:
$1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the CA\DD\02000.50101\1401461.15 5
(CITY ATTY: 05-19)
DocuSign Envelope ID: 49D2141F-350A-4BCA-8E78-C328C8123627 State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease.

3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five ( 5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate minimum; per claim.

3.2.10.4 Insurance Endorsements. The insurance policies shall contain or be endorsed (amended) to include the following provisions:
(A) General Liability. The general liability policy shall state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection therewith (the endorsement form shall be at least as broad as ISO Form CG 20 10 11 85 or both CG 20 37 and one of the following: CG 20 10, CG 20 26, CG 20 33 or CG 20 38); and (2) the insurance coverage shall be primary insurance coverage as respects the City, its directors, officials, officers, employees, agents, and volunteers (the endorsement form shall be at least as broad as ISO CG 20 01 04 13). Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Waiver of Subrogation - Workers' Compensation and
Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work or Services performed by the Consultant.
(C) All Coverages. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City is entitled to the broader coverage and/or higher limits maintained by Consultant. Thus, any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

3.2.10.5 Other Provisions; Endorsements Preferred. Consultant shall endeavor to provide endorsements regarding the following provisions, but nonetheless understands, acknowledges and agrees that the following provisions shall apply and that failure to comply shall be considered to be a breach of this Agreement by Consultant:
(A) Waiver of Subrogation - All Other Policies. Consultant hereby waives all rights of subrogation any insurer of Consultant's may acquire against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of any insurance policy which arise from work or Services performed by the Consultant.

Consultant understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer.

CA\DD\02000.50101\1401461.15 6
(CITY AITY: 05-19)
OocuSign Envelope 10: 49O2141F-350A-4BCA-8E78-C328C8123627 (B) Notice. Consultant shall either: (1) require its insurer to provide thirty (30) days prior written notice to the City before coverage is suspended, voided, or canceled; or (2) notify City in writing that such notice is not available and forward any notice of such actions to the City within two (2) business days from date of receipt by Consultant.

Consultant understands, aclmowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer.

3.2.10.6 Claims Made Policies. The following provisions shall apply to all policies that provide coverage on a claims-made basis: (A) the retroactive date must be shown and must be before the date on which any Services under this Agreement commence; (B) the insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Project; and (C) if coverage is canceled or not renewed and is not replaced with another claims-made policy with a retroactive date prior to the date on which any Services under this Agreement commence, Consultant must purchase "extended reporting" coverage for a minimum of five ( 5) years after completion of Project.

3.2.10.7 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigation, claims administration and defense expenses within the deductible or self-insured retention. The deductible or self-insured retention may be satisfied by either the named insured or the City.

3.2.10.8 Acceptability of Insurers. Unless under the circumstances a different rating is otherwise acceptable to the City in its sole and absolute discretion, insurance is to be placed with insurers which are satisfactory to the City and which meet either of the following criteria : (1) an insurer with a current A.M. Best's rating no less than A-:VII and licensed as an admitted insurance carrier in California; or (2) an insurer with a current A.M.

Best's rating no less than A-:X and authorized to issue the required policies in California.

3.2.10.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance, as well as amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement. All documents must be received and approved by the City before any Services commence; provided, however, that failure to obtain the required documents prior to the commencement of Services shall not waive Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.10.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant's insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.2.10.11 Sub-Consultants. All sub-consultants shall comply with each and every insurance provision of this Section 3.2.10. Consultant shall therefore not allow any sub-consultant to commence work on any subcontract to perform any part of the Services until it has provided evidence satisfactory to the City that the sub-consultant has secured all insurance required under this Agreement.

CA\DD\02000.50101\1401461.1S 7
(CITY ATTY: 05-19)
DocuSign Envelope ID: 49D2141F-350A-4BCA-8E78-C328C8123627

3.2.10.12 Special Risk or Circumstances. The City reserves the right, in its sole and absolute discretion, to modify the requirements of this Section 3.2.10, including limits, based on any of the following: (A) the nature of the risk of the Services; (B) the prior experience of the insured; (C) the rating or other quality or characteristic of the insurer; (D) any special or unique coverage issues; and (E) any other special or unique circumstances.

3.2.11 Safety. Consultant shall execute and maintain its work and Services so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Services and the conditions under which the Services are to be performed. 3 .2.12 Payment Bond. The California Department of Industrial Relations ("DIR") has communicated to the City that there is a possibility that a payment bond may be required for certain services provided in connection with a public works project. Since such a requirement is currently contrary to the industry standard for the services provided by Consultant under this Agreement and since there is no direct legal authority for this position, the City is not requiring Consultant to provide a payment bond at this time. However, the City hereby reserves the right to require the Consultant to obtain and provide a payment bond for some or all of the project provided by the Consultant under this Agreement.

If the City determines that a payment bond is required for the project pursuant to Civil Code Section 9550 or any other applicable law, rule or regulation, Consultant shall execute and provide to City a payment bond in an amount required by the City and in a form provided or approved by the City. In the event a payment bond is required, the City agrees to compensate Consultant for all documented direct costs incurred by Consultant for such payment bond. The Parties shall memorialize the terms of such additional compensation and any other terms and conditions associated with the payment bond in an amendment to this Agreement.

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

3.3 Fees and Payments.

3.3.1 Rates & Total Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed Two Hundred Sixty One Thousand Nine Hundred Ninety Dollars ($261,990.00) ("Total Compensation"), without written approval of City's Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

CA\DD\02000.50101\1401461.15 8
(CITY ATTY: 05-19)
DocuSign Envelope ID: 49D2141F-350A-4BCA-8E78-C328C8123627

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.

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

3.3.4 Extra Work. At any time during the Tem1 of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is detennined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.

3.3.5 Prevailing Wages. Consultant is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the Total Compensation is $1,000 or more, Consultant and its subconsultants shall fully comply with the Prevailing Wage Laws for their employees and any others to whom such laws are applicable. Consultant and its subconsultants shall also be responsible for any and all violations and fines imposed on them pursuant to the Prevailing Wage Laws. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Agreement would also be subject to compliance monitoring and enforcement by the California Department of Industrial Relations ("DIR"). Beginning April 1, 2015, no consultant or subconsultant may be awarded this Agreement unless registered with the DIR pursuant to Labor Code Section 1725.5. The City will report all necessary agreements to the DIR as required by the Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the Project site. It is most efficient for the Consultant to obtain a copy of the prevailing wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the DIR located at www.dir.ca.gov/dlsr/. In the alternative, Consultant may obtain a copy of the prevailing wages from the City's Representative. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6 Apprenticeable Crafts. If the Project is being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant shall comply with the provisions of Section 1777 .5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works when Consultant CA\DD\02000.50101\1401461 .15 9
(CITY ATTY: 05-19)
DocuSign Envelope ID: 49D2141F-350A-4BCA-8E78-C328C8123627 employs workmen in an apprenticeable craft or trade. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Consultant.

3.4 Termination of Agreement.

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

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen ( 15) days of the request.

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

3.5 Ownership of Materials and Confidentiality.

3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically, electronically or otherwise recorded or stored, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of five (5) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs.

In addition, before destroying the Documents & Data following this retention period, Consultant CA\DD\02000.50101\1401461.IS
(CITY ATTY: 05-19)
DocuSign Envelope ID: 49D2141F-350A-4BCA-8E78-C328C8123627 shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.5.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.5.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.5.5 Confidentiality. All Documents & Data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services.

Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant that is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6 General Provisions.

CA\DD\02000.50101\1401461.15 11
(CITY ATTY: 05-19)
DocuSign Envelope ID: 49D2141 F-350A-4BCA-8E78-C328C8123627

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

Consultant:

City:

MIG
537 S. Raymond Avenue
Pasadena, CA 91105
Attn: Cindy Mendoza
City of Corona
400 South Vicentia A venue
Corona, CA 92882
Attn: Anne Turner, Community Services Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight ( 48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.2 Indemnification. To the fullest extent pennitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and hannless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to any alleged willful misconduct or negligent acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all settlement amounts, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.6.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as CA\DD\02000.50101\1401461.15 12
(CITY ATIY: 05-19)
DocuSign Envelope ID: 49D2141F-350A-4BCA-8E78-C328C8123627 specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3 .6.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.5 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

3.6.6.1 Subconsultants; Assignment or Transfer. Consultant shall not subcontract any portion of the Services required under this Agreement, except as expressly authorized herein, without the prior written approval of the City. Subcontracts, if any, shall include a provision making them subject to all provisions of this Agreement. Consultant shall also not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to subcontract or take any other action not authorized herein shall be null and void, and any subconsultants, assignees, hypothecates or transferees shall acquire no right or interest by reason of such action.

3.6.7 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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

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

3.6.10 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3 .6.6, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

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

CA\DD\02000.50101\1401461.15 13
(CITY ATTY: 05-19)
DocuSign Envelope ID: 4902141 F-350A-4BCA-8E78-C328C8123627

3.6.12 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the Term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

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

3.6.17 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.
[SIGNATURES ON NEXT 2 PAGES)
CA\DD\02000.S0101\1401461.1S 14
(CITY ATTY: 05-19)
DocuSign Envelope ID: 49D2141F-350A-4BCA-8E78-C328C8123627

CITY'S SIGNATURE PAGE FOR

CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT
WITH MOORE IACOFANO GOLTSMAN, INC. dba MIG
(CITY OF CORONA PARKS AND RECREATION MASTER PLAN, RFP 22-027RH) IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.

CITY OF CORONA
By:

Jacob Ellis
City Manager
Reviewed By: _________ _
Roger Bradley
Assistant City Manager
Reviewed By: _________ _
Anne Turner
Community Services Department Director
Attested By:

Sylvia Edwards
City Clerk
CA\DD\02000.50101\1401461.lS 15
{CITY ATTY: 05-19)
DocuSign Envelope ID: 49D2141F-350A-4BCA-8E78-C328C8123627

CONSULTANT'S SIGNATURE PAGE FOR

CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT
WITH MOORE IACOFANO GOLTSMAN, INC. dba MIG
(CITY OF CORONA PARKS AND RECREATION MASTER PLAN, RFP 22-027RH) IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.

MOORE IACOFANO GOLTSMAN, INC. dba MIG
a California Corporation
By:

Daniel Jacofano
Name
Title: (CEO, President)
By:
1/DocuSlgned by:
��BF��-�
Chris Beynon
Name
Title: (COO, Treasurer)
CA\DD\02000.50101\1401461.15 16
(CITY ATTY: 05-19)
DocuSign Envelope ID: 49D2141F-350A-4BCA-8E78-C328C8123627 EXHIBIT "A"

SCOPE OF SERVICES

PARK AND RECREATION MASTER PLAN

BACKGROUND & DESCRIPTION
Background:

The City of Corona ("City") is located in the western portion of Riverside County and covers

39.2 square miles. Corona consists of five council districts with over 160,000 residents. The City of Corona owns and maintains over 355 acres at 38 parks. A complete list of parks can be found in Exhibit A. The City of Corona is a vibrant, family community that recently updated its Strategic Plan for 2021-2026. Strategic Plan Goal 3 is Sound Infrastructure which includes the development and enhancement of parks, trails and recreational facilities to better serve residents.

In particular, the Strategic Plan calls for the development and implementation of a Parks and Recreation Master Plan to provide a unified vision and planning framework for the enhancement, maintenance, and expansion of parks and recreation facilities.

Corona's last Park Master Plan was completed in 1989. Much has changed since that time, including the demographics of residents in the City, popular recreational activities, funding for park maintenance and development, and the philosophy towards parks and outdoor spaces.

Through this Parks and Recreation Master Plan, Corona desires to:
• Ensure the City is effectively utilizing park spaces and serving the needs of the community;
• Be thoughtful regarding changing trends in outdoor activities by utilizing flexible or multi-functional amenities and equipment that can be converted or transformed with minimal effort in the future;
• Look at parks and recreation activities with an eye towards the total cost of ownership and return on investment over the life of the asset and program; • Effectively manage existing and future assets for the entirety of their useful life and proactively plan for their eventual replacement;
• Develop park plans, programs and amenities that are experiential in nature with an emphasis on equity and inclusion; and
• Provide regular channels of communicating with the public to both receive feedback on parks and recreation services as well as to report on how the City is meeting established objectives.

WORK TO BE PERFORMED:

The MIG Team proposes a four-phased approach that integrates all tasks from the RFP into a seamless, sequenced work plan that simplifies project management and scheduling. Public engagement activities and advisory group guidance are built into each phase to deliver a prioritized community-driven master plan.

The scope references coordination with the following advisory groups:
• Selected Community Services Staff will be involved in two discussions of the cost recovery strategy.

CA\DD\02000.S0I 0 1\1401461. IS 17
(CITY ATTY: 05-19)
DocuSign Envelope ID: 49O2141F-350A-4BCA-8E78-C328C8123627 • The Parks and Recreation Commission will provide guidance at key project milestones. If desired, this advisory group could be expanded to include the five Commission members plus key stakeholders or community liaisons to each Council district to represent broader perspectives and geographies. The Commission is anticipated to be involved in three Master Plan meetings and two cost recovery meetings. • City Council members will ensure consistency of the Master Plan with other city initiatives. MIG anticipates meeting twice with the Council to discuss the Master Plan:
once in Phase 1 in key leader interviews to establish direction for the planning process and again in Phase 4 to discuss the Draft Master Plan. 110% will also meet with the Council once or twice to discuss the cost recovery strategy.

PHASE 1: State of the System

1.1 PROJECT KICKOFF VIDEOCONFERENCE
MIG will meet with the City's Project Team and key staff in a videoconference to initiate the project and discuss the desired project outcomes, available background materials, communication protocols, engagement strategies, and schedule. MIG will host the call on Zoom and provide an agenda.

1.2 BACKGROUND REVIEW
MIG will submit an information request letter and create a shared drive with links for City staff to easily transfer relevant project information. MIG will review past reports, studies, and plans, summarizing findings and demographic data in the Preliminary System Summary (Task 1.8).

1.3 KEY LEADER INTERVIEWS
One-on-one interviews will be held early in the planning process with key decisionmakers to identify opportunities and issues for the Master Plan to address. Up to eight 30-minute interviews will be held, potentially with City Council members, the City Manager, key business partners, and/or other decisionmakers that have substantial influence in Corona. Participants will be determined in consultation with City staff, who will schedule interviews. MIG will provide an interview tool, allow one day of time for back-to-back videoconference interviews, and summarize key themes to provide direction for the planning process.

1.4 PARK TOUR AND SITE VISITS
To build a shared understanding of the condition, location, context, and opportunities, key MIG and City staff will spend a day together touring representative parks, recreation facilities, and trails to discuss strengths and challenges of the park system. After this tour, MIG landscape architects will visit each remaining park to assess park conditions and capacity for enhancement using MIG's Park Evaluation and Assessment Checklist. Results will be summarized in a memo to inform the Needs Assessment and development of site recommendations in Phases 2 and 3.

1.5 GIS BASE MAP AND INVENTORY
MIG will review the City's park inventory data and GIS shapefiles, cross-checking data against park tour notes to create a more accurate and complete accounting of City park land, facilities, and park amenities. Using the revised GIS data, we will produce an Excel inventory and draft base map showing existing parks, open space, major recreation facilities, and trails in Corona and overlay information including City planning areas, water bodies, roadways, schools, etc. The CA\DD\02000.50101\1401461.15 18
(CITY ATTY: 05-19)
DocuSign Envelope ID: 49D2141F-350A-4BCA-8E78-C328C8123627 inventory and base map will be revised into fmal form based on one round of consolidated comments from the City. MIG will package the revised GIS data for future City use.

1.6 COST RECOVERY EDUCATION & TRAINING
MIG Team member 110% will provide education and training on the front end of the process with staff, the Park and Recreation Commission, and City Council (per the discretion of the Executive Director), describing the cost recovery exercise and how the outcomes are intended to positively affect service delivery. These video sessions will introduce the topics of financial management and cost recovery in the public sector and discuss how revenues are or may be generated, how to think differently about spending/investing taxpayer resources, and how cost recovery philosophy may sustain parks and recreation systems over the long term. These virtual workshops will include the creation of a definition for the "common good" relevant to the realities in Corona as an important step in the development of a defensible cost recovery strategy.

1.7 PUBLIC ENGAGEMENT PLAN
The MIG Team will develop an engagement and communications plan that outlines an integrated, phased approach of activities and communication strategies that will build from previous survey work and drive participation. This will include activity descriptions, print and digital communication and social media tools, process schedule, roles and responsibilities, and bilingual/multi-lingual meeting and translation needs.

1.8 PROJECT BRANDING AND IDENTITY
MIG's graphics and communications staff will develop project branding elements, including colors, styles, and a graphic banner that can be used in all documents, the project webpage, and associated project materials to create a visible and immediately recognizable identity for the project and subsequent Department materials. As part of this task, MIG will provide a process graphic, flyer/social media template, and guidance for the development of a City-administered project webpage to keep the public informed of the process and opportunities to be involved.

1.9 PARKS & RECREATION PRELIMINARY SYSTEM SUMMARY
MIG will summarize Corona's park and recreation assets and resources in an attractive, graphic, easy-to-read brief, providing an overview of community demographics, parks and facilities, recreation programs and events, operations, and funding. The Summary Memo will identify issues and opportunities that the Master Plan should address. MIG will provide a draft document (pdf or Word file), revising this into final form based on one round of consolidated City comments.

1.10 COMMISSION MEETING #1: ORIENTATION AND SWOT
MIG will create a PowerPoint, attend, and facilitate a discussion in conjunction with an existing Parks and Recreation Commission Meeting or videoconference to provide an overview of the planning process and discuss the strengths, weaknesses, opportunities, and challenges for the park system.

1.11 PROJECT MANAGEMENT AND ADMINISTRATION
This phase includes biweekly conference calls with the City's project manager to review deliverables and monitor project progress.

CA\DD\02000.50101\1401461.IS 19
(CITY ATTY: 05-19)
DocuSign Envelope ID: 49D2141F-350A-4BCA-8E78-C328C8123627 PHASE 2: Needs, Opportunities, and Standards

2.1 COST RECOVERY SERVICE CATEGORY DEVELOPMENT
MIG Team member 110% will involve a Service Category Development Team-comprised of staff representing all areas and levels of the Community Services department-in the development of draft service categories representing Corona's service menu. Resources will be provided to the team to assist in the development of service categories as well as category definitions. In addition, this team will assist in the cost of service analysis by assigning each department service ( e.g., course, class, event) to the service category to which it belongs.

2.2 BILINGUAL PARK AND RECREATION QUESTIONNAIRE
Building on outreach already conducted for the Trails Master Plan, MIG will develop and program an online questionnaire that is tablet-, computer-, and smartphone-friendly. It will be customized to Corona's project needs, addressing questions about parks, recreation facilities, trails, open space, programs, and services, and potentially focusing on use, recreation preferences, desired benefits, and service improvements, etc. MIG will draft questions, revise them based on one set of comments from City staff, translate questions into Spanish, program the questionnaire online, and provide a link to the City for web posting and distribution. MIG will host the questionnaire for four to five weeks. Following this, MIG will present tabulated results and a summary of key findings. City staff will be responsible for advertising the questionnaire and posting links on the website and social media.

2.3 POP-UP OR VIRTUAL OUTREACH ACTMTY
MIG will supplement the online questionnaire with a second activity or forum intended to dial in to specific needs and/or represent underserved groups. This activity may take one of several forms to be determined in the kickoff meeting and engagement plan. Options include, but are not limited to a pop-up activity and materials, a paper version of the questionnaire, a photo contest, or an activity packet and stipend for community-based organization (CBO) outreach, recognizing that some underrepresented groups are more likely to respond to outreach requests made through their own social networks.

2.4 COMMUNITY CONNECTIONS
MIG will dig deeper into the needs of key groups, facilitating 2-3 focus group discussions with 10-12 representatives of distinct community needs, including recreation user groups, specific demographic groups, the business community, or others as defined in the public engagement and communications plan. MIG will develop focus group questions, facilitate discussions via videoconference, and following the meetings, summarize results. Preliminarily, MIG recommends the following groups: Spanish-speaking residents ( one focus group will be in Spanish}, youth, sports providers, and/or a community panel with liaisons to underrepresented groups and CBOs.

2.5 COST RECOVERY BENEFICIARY OF SERVICE MEETINGS
MIG Team member 110% will conduct up to three interactive virtual workshops with Department staff, the Park and Recreation Commission, City Council, and/or other community representatives to rank the Department's service categories starting from services determined to align most with the "common good" to services that offer a more "individualized benefit." These workshops allow the Department to begin building their Cost Recovery Strategy Continuum-a visual representation of their financial management and investment philosophy. By plotting all CA\DD\02000.50101\1401461.15 20
(CITY ATTY: 05-19)
DocuSign Envelope ID: 49O2141F-350A-4BCA-8E78-C328C8123627 service categories on a continuum illustrating which services are perceived to serve a common good in contrast to those providing the greatest individual benefit, the Department will begin to connect the dots between those services that should receive the greatest subsidy ( common good services) in contrast to those that may receive little to no subsidy (individualized services).

2.6 COST-OF-SERVICE ANALYSIS
Through the use of a unique, cloud-based Cost Recovery Tool that is part of the SmartRec© software application, MIG Team member 110% will conduct a cost-of-service analysis that will reveal the cost recovery performance of each Department service. All services offered by the Department will be identified and all revenues and costs/expenses (both direct and indirect) will be attributed appropriately in order to realize the cost recovery and subsidy level for each Department service. Staff who are needed to assist with this process include those at an administrator level along with those who are "gatekeepers" of the Department's financial and service data.

A checklist that specifies all data requirements (revenues and expenses), a master spreadsheet, and in-depth support from the consulting team will be provided to assist the Department with initial data preparation and data collection. The cost-of-service analysis will be completed via three separate workshops and weekly touch points with Department staff. After the data collection and importing processes conclude, staff will view the Department's Cost Recovery Tool and the results of the cost-of-service analysis. These data and supplemental insights include the cost to provide each individual service provided by the Department, current cost recovery and subsidy levels, and a series of other important data and information.

Current cost recovery performance results can be used as the baseline from which the Department can justifiably and rationally set cost recovery/subsidy allocation goals that will ultimately be placed on their Cost Recovery Strategy Continuum, creating a visual representation of the Department's tax use and revenue enhancement philosophy. Results will also guide the organization in establishing fees and charges and making other informed financial decisions moving forward.

2.7 PARK ACCESS, SERVICE GAPS, AND OPPORTUNITIES ANALYSIS Using publicly available data (Urban Footprint and TPL's ParkServe™ data) as well as MIG data and tools (Esri Tapestry Segmentation Data and ArcGIS Network Analyst™), MIG will evaluate park and facility service gaps for nearby park and recreation needs. Off-street trails, sidewalks, and the actual paths of travel will be considered, mapping solutions to providing more equitable parks and open space for the community. Each gap area will be evaluated to identify "opportunities" to address service needs, including vacant lands, potential joint-use sites, underutilized open space and corridors, capacity to reprogram existing parks, mobile recreation options, public-private partnerships, and innovative small-scale solutions. Findings will be incorporated into the Needs Assessment and Opportunities Summary Report.

2.8 RECREATION FACILITIES, PROGRAMS, AND LOS ANALYSIS
With 38 parks, multiple recreation and community centers, a senior center, bandshell, local pools, and open spaces such as the Sage Open Space area and Fresno Canyon, facility operations and indoor/ outdoor sport programs and activities are integral to the recreation opportunities provided in the city. MIG will compare the City of Corona's existing level of service to NRPA's Park Metrics, TPL's ParkScore data, and 2-3 benchmark communities to show where Corona is CA\DD\02000.50101\1401461.IS 21
(CITY ATTY: 05-19)
OocuSign Envelope ID: 49O2141F-350A-4BCA-8E78-C328C8123627 above or below the norm. By comparing these findings to trends data and key themes emerging from the community engagement process, MIG will evaluate park and recreation facility needs, including programs and services, to identify projected needs. Findings will be incorporated into the Needs Assessment and Opportunities Summary Report.

2.9 COST RECOVERY STRATEGY ALTERNATIVES
110% will develop strategies associated with cost recovery efforts in order to align with the motives and needs of varying program areas and facilities of the Department. Options can include strategies designed for specific funds, service area(s), or by term such as: an overall general fund cost recovery strategy; an enterprise or business operations cost recovery strategy; a short-term (2-3 years) cost recovery strategy; a long-term cost recovery strategy (3-5 years or beyond); etc.

2.10 NEEDS ASSESSMENT AND OPPORTUNITIES SUMMARY REPORT
MIG will create an attractive summary report of Phase I and Phase 2 findings. The Needs Assessment and Opportunities Summary Report will summarize existing service levels and identify needs, as well as opportunities and issues to be addressed in the Master Plan, given the City's unique demographics, character, and sense of place. The Needs Assessment and Opportunities Summary Report will document findings, including maps and graphics.

2.11 COMMISSION MEETING #2: NEEDS, OPPORTUNITIES, AND THE CORONA

STANDARD
MIG staff, with MIG Team member Jayne Miller, will facilitate a brainstorming charrette with advisory group members to discuss the community's vision for parks and recreation as well as the implications of needs assessment findings for park system metrics, standards, and services.

MIG will create an agenda and materials to foster the discussion.

2.12 PROJECT MANAGEMENT AND ADMINISTRATION
This phase includes biweekly conference calls with the City's project manager to review deliverables and monitor project progress.

PHASE 3. Vision and Recommendations

3.1 VISION FRAMEWORK
Incorporating Commission/advisory group guidance, MIG will begin Phase 3 by defining the mission of Corona's Community Services Department as well as the vision, goals, and objectives for the Master Plan. This information will provide the strategic framework to draft in next tasks plan recommendations, performance measures, and guidelines that defme the Corona standard.

3.2 COST RECOVERY GOAL SETTING
Once the cost-of-service analysis is complete, 110% will work with the Department to determine cost recovery/subsidy allocation goals based upon current performance, analysis insights, and budget projections. This is when the organization's Cost Recovery Strategy Continuum takes shape. The Continuum and a robust Insights Report (which includes data sets from the Cost-ofService Analysis) sets the stage for implementation and momentum, aligning the Department's and community's values with financial condition and a commitment to financial discipline.

CA\DD\02000.50101\1401461.15 22
(CITY ATTY: 05-19)
DocuSign Envelope ID: 49O2141F-350A-4BCA-8E78-C328C8123627

3.3 CORONA STANDARDS, POLICY GIDDELINES, AND EQUITY METRICS MIG will work with the Department to define LOS standards; park distribution, design, development, programming, placemaking ( experiential), and resiliency guidelines; and performance metrics that will guide Corona's parks and recreation system. As part of this task, MIG Team member Jayne Miller will provide models and case studies of equity policy and metrics being applied in other cities across the country as park agencies remove barriers and strive to invest more equitably in parks projects, experiences, and services. This information will be presented as a series of systemwide policies to guide the acquisition, development, programming, maintenance, operations, and sustainability of the park and recreation system.

3.4 KEY PERFORMANCE INDICATORS - COST RECOVERY METRICS
Taking what has been learned from the Cost-of-Service Analysis, 110% will identify success metrics and include them in policy statements as a means to evaluate whether or not Department services are in compliance with cost recovery goals and other intended outcomes.

3.5 SITE-SPECIFIC RECOMMENDATIONS, ILLUSTRATIVES, AND MAP MIG will develop recommendations for existing and proposed park land and public facilities that reflect the various park sizes and neighborhood character within the City's parks portfolio. Site recommendations will address new acquisitions, site development, renovations, improvements, added elements, and even potential partner projects. Simple site illustratives will be developed for up to 20 park sites ( as identified by City staff) or more detailed concepts could be created for 10 parks slated for major change. In lieu of illustratives for other sites, MIG will create a GISbased map/plan summary graphic of all site recommendations to see proposed changes and new sites across the system. MIG will provide the City with GIS .shp files for proposed new parks.

Comments from City staff on draft materials will be incorporated into the Capital Improvement Plan (CIP) and Draft Master Plan.

3.6 RECOMMENDED FEES AND CHARGES
Based upon the results of the cost-of-service analysis, 110% will generate various reports from the data analysis within the Cost Recovery Tool, which will allow the Department a crystallized view of the revenues and costs (expenses) attributed to each individual service ( classes, courses, activities, events, rentals, etc.) as well as recommended fees and charges based upon determined cost recovery/subsidy allocation goals. These recommendations will include various pricing strategies for the Department to consider as well.

3.7 CIP / CAPITAL AND MAINTENANCE COST MODEL
MIG will create a capital projects list and cost model (Excel spreadsheet) to summarize a 10-year CIP. This includes identifying the planning-level costs for recommended capital projects and maintenance costs for each project. The model will incorporate regionally based park improvement cost data based on MIG's extensive experience in managing park construction projects locally. Instead of a static snapshot in time, this model will be designed to serve as tool that can be adapted for inflation for subsequent staff use in annual capital improvement planning and budgeting. MIG will provide a draft cost model and revise it based on one round of edits from City staff.

3.8 ROI & ECONOMIC MODEL
110% will create an economic model that includes a Return-on-Investment (ROI) analysis to help ensure the Department is being efficient with the use of its resources, that assets are utilized CA\DD\02000.50101\1401461.IS 23
(CITY ATTY: 05-19)
DocuSign Envelope ID: 49D2141F-350A-4BCA-8E78-C328C8123627 to their full replacement life, and that the best time to replace the asset prior to its failure has been identified. The analysis will also examine and direct policies to help optimize financial decision-making for ideal use of resources that align with resources, community needs, and expectations. The economic model will illustrate the financial management plan for the City of Corona that aligns with policy recommendations and the action plans developed through the assessment and outreach portion of the project. The ROI analysis will evaluate annual capital investment required for capital replacement and maintenance on an aggressive, moderate, and low-impact schedule.

3.9 COST POLICY ALTERNATIVES
Identifying and designing financial-centric policies can position the Department to address not only short-term financial challenges but long-term financial interests as well ( e.g., a commitment to investing in infrastructure). These policies can be among the most critical deliverables of a cost recovery process. 110% will work with the Department to develop/rewrite policies to become more relevant to address cost recovery, social equity, and capital investment, just to name a few.

3.10 COMMUNITY PRIORITIZATION ACTIVITY
MIG will develop a prioritization exercise-to be deployed either digitally/online or in a workshop format-inviting residents, stakeholders, and participating Commission or advisory group members to make hypothetical investment choices in various park projects, maintenance, programming and events, and different types of improvements. The data collected will help identify the right investment level and right mix of projects, programs, and services to provide in the future. MIG will facilitate the activity in English and Spanish, and following the activity, summarize key findings in a short memo.

3.11 PROJECT MANAGEMENT AND ADMINISTRATION
This phase includes biweekly conference calls with the City's project manager to review deliverables and monitor project progress.

PHASE 4: Plan Development and Implementation

4.1 FUNDING, IMPLEMENTATION, AND ACTION PLAN
Incorporating the guidance from Phase 3, MIG will create a phased implementation plan identifying short-, medium-, and long-term capital projects based on the City's funding capacity for implementation. The Implementation Plan will be accompanied by funding strategies, taking into account the community's ability and willingness to pay for added projects and services. The Implementation Plan will be incorporated into the Draft Master Plan.

4.2 STAFF EDUCATION & TRAINING - COST RECOVERY INSIGHTS INTO ACTION
110% will develop methods and strategies for turning Insights into Action and provide guidance and suggested ways to use the data and information resulting from the process to staff in taking the necessary steps needed for implementation and action.

CA\DD\02000.50101\1401461.15 24
(CITY ATIY: 05-19)
DocuSign Envelope ID: 4902141 F-350A-4BCA-8E78-C328C8123627

4.3 THE CORONA REPORT CARD
MIG will create and graphically depict proposed project milestones and metrics in a Report Card that can be used in conjunction with annual business planning and budgeting to assess how the City is progressing on Master Plan implementation.

4.4 ADMINISTRATIVE DRAFT MASTER PLAN
MIG will create a full draft Master Plan fonnatted as an attractive, easy-to-read document for review. MIG illustrates plans with graphics, maps, photos, and site concepts so that City staff may use it as a communication tool to build community support for implementation. Prior to developing the Master Plan, MIG will create an outline for City review and buy-in on plan content. Per the RFP, the City anticipates the document to be organized into an executive summary, accompanied by appendices that provide detailed information.

4.5 PUBLIC REVIEW DRAFT MASTER PLAN
Based on one set of consolidated comments provided by the City on the Administrative Draft Master Plan, MIG will revise the document, providing web- and print-ready PDF files to the City for posting and distribution.

4.6 COMMISSION MEETING #3: PLAN REVIEW
MIG will present the Draft Plan at a Parks and Recreation Commission Meeting for public and Commission member review, comment, and discussion. MIG will create and present a PowerPoint presentation for discussion.

4.7 CITY COUNCIL MEETING: PLAN REVIEW
MIG will present the Public Draft Plan at a City Council work session or regular meeting for review, discussion, and potential adoption. MIG will update the Commission PowerPoint and present it to Council.

4.8 FINAL MASTER PLAN
Based on one set of consolidated comments provided by the City on the Draft Master Plan, MIG will finalize the Master Plan, providing web- and print-ready PDF files to the City for posting and distribution.

4.9 PROJECT MANAGEMENT AND ADMINISTRATION
This phase includes biweekly conference calls with the City's project manager to review deliverables and monitor project progress as well as the transmittal of all plan deliverables and GIS data to the City.

Optional Tasks and Enhancements
The City may opt to add these services to the project.

OPT.I PARK MONUMENT SIGN DESIGNS
MIG's wayfinding, signage, and graphics team will meet with City staff to identify monument signage needs, including preferred styles, sign types, materials, and anticipated maintenance protocols. With this infonnation, MIG will prepare three preliminary design concepts (sketch format) for park monument signs that build on the branding/identity scheme developed in Phase

1. Based on one round of consolidated comments, MIG will develop a refined sign graphic CA\DD\02000.S0IOl\1401461.15 25
(CITY ATTY: 05-19)
OocuSign Envelope ID: 49O2141F-350A-4BCA-8E78-C328C8123627 depicting the preferred design concept with two modified options for different sizes or uses in the City.

OPT.2 PARK & RECREATION PROVIDERS NETWORK
Given today's competitive landscape in the park and recreation and leisure services market, a thoughtfully constructed and managed partnership can be a fantastic strategy to efficiently utilize resources leading to cost-effective service delivery.

In an effort to set the stage for the future of partnerships intended to support the leisure services industry in Corona, 110% will facilitate a Parks and Recreation Providers Network gathering with the primary purpose of introducing the idea of a collaborative of park and recreation service providers in Corona. This would begin relationship-building and the identification of the types of services currently provided in the City by all organized recreation providers. This gathering would focus on:
• Analysis of the competitive landscape and identifying organizations that compete for like or similar markets to those of the City.
• Identification of opportunities to pursue collaborative efforts through partnerships that lead to efficient and effective use of resources.

Summary of Project Deliverables By Phase:

PHASE 1 DELIVERABLES
• Project Kickoff Agenda and Materials
• Request for Information Letter
• Key Leader Interview Tool and Summary
• Site Visit Findings
• Draft and Final Base Map and Inventory
• Cost Recovery Training Materials
• Engagement Plan
• Draft and Final Document Banner, Process Graphic, Social Media Template, and Webpage Directions
• Preliminary System Summary
• Commission Meeting PowerPoint
PHASE 2 DELIVERABLES
• Service Category Development Resources
• Draft and Final Questionnaire Questions, Spanish Translation, Online Form, Link, Summary Report
• Pop-Up or Virtual Outreach Activity Materials and Summary • Community Connections Summary
• Beneficiary of Service Model
• Cost of Service Analysis
• Insights Report; Costs and Subsidies by Service
• Park Access Analysis Maps (2-3); Opportunities Matrix • Cost Recovery Strategy Continuum
• Alternative Cost Recovery Strategies
CA\DD\02000.50101\1401461.15 26
(CITY ATTY: 05-19}
DocuSign Envelope ID: 49D2141F-350A-4BCA-8E78-C328C8123627 • Needs Assessment and Opportunities Summary Report with Benchmarking and LOS Analysis
• Commission Meeting Materials
PHASE 3 DELIVERABLES
• Vision Framework (Vision, Mission, Goals, Objectives) • Cost Recovery Goals
• LOS Standards, Park Design & Development Guidelines, Equity Metrics • Cost Recovery Metrics
• Site Recommendations, Illustratives (20), and Proposed System Map • Recommended Fees and Charges
• CIP and Planning Level Costs
• ROI and Economic Model
• Revised Cost Policies
• Community Prioritization Activity and Summary
PHASE 4: DELIVERABLES
• Master Plan Outline
• Staff Education & Cost Recovery Training Materials
• Administrative Draft Master Plan (includes Executive Summary, Action Plan, Implementation and Funding Strategy, and Corona Report Card) • Public Review Draft Master Plan
• Commission PowerPoint
• Council PowerPoint
• Final Master Plan
• Transmittal of final GIS data

OPTIONAL DELIVERABLES
• Signage Sketch, Design Concepts (3), Preferred Sign Option (1), and Modified Options (2)
• Materials for Parks and Recreation Providers Network
CA\DD\02000.50101\1401461.15 27
(CITY ATTY: 05-19)
DocuSign Envelope ID: 49D2141F-350A-4BCA-8E78-C328C8123627 EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall perform the Services within the Tenn of this Agreement, in accordance with the Schedule of Services set forth in this Exhibit "B"
Project Schedule

PROJECT COORDINATION
r-::=, • • • AAA
•
.......
,.c.
�
....
• • • •
•••
� ft A 1 2.5 Cast Racanry
• vv V\ e.n.ticiary
Mecti!lgs
t1 Scnice
• • • • • • • • • • •
AP!tA
• • •u..,._......_
•
e 2.11 Cammiuioo MNliftl 12 • 46 . Commission
Meeting 13
FEB
•
. , ........... .... Q 9 22 . Quest10nnairt

2.3Pepup
1-:1,, .. .....,
. . . �
l"tNY,. ..... 11--
UAR APR !JAY Jut;
pfpPA
• 2.4Camnaraty
C.nectialls

JUL AUG SEP
. - - .

Q 3.10 Ctmmunity Pr1tnl1Ut.l Actirity
OCT NOV DEC rrn
• • • • •

4.2 Cast Recfflr, • lasipts illla Action �A
e 4.7 City
Coancil
Meeting
• •
� 111 l ....•• ,.. .... � 2.iCastelSenicl � 31Y"nienfrwtc � 1��, 37CIP ea .. talllldllpcratilnsc.stM.w •------- --------e � • • OB Z.10Ntlllunll � • • o,peru,itllS Repert : . 1 3.5 _a
Site Sjllcilic A� lllustrallNl. Mel Ma,
a:s
u......... .:..I
ua..•-. • •
• • • • 8 U Cast Rtainry Gaal Wf
, ..... IQ_ IU f1cahbes. p,..,_ .- ws lB fB 4.1 fundin& and lmplementatioll Plai lB
. -- -•
fr-)72.7Parl!Acass.Senice
� Gain. • Opilllrtnbn
• •
fB 3.3 SIIJI� Gulll,lilln
@=_j llllli:.,ityMltric$
• •
I : 13 4 Cast Rec--, Metncs
. . . --
.
e e � U Cast R-.y &..r �- 36 RICan--, Fm . �
Slratlff AJl::'ulin:s O -

2.1 Cnt llccewry o - �SmatabltfY e e
•------·
[El 4.3 The Corona RIPCl't Cad
lB
B U Atnin Draft Master Plan
U Draft MISbf Plan
•- •
llmi.,-t @.=J [El 31[-Modll
39 . Cost Ptbcy AltM-nalim
� l:!::.J
4Bfilll. l
Masttr Plan
2: NITllS. OPP!lllUNITIS, ANO STN«JAROS___ l VISION AHO R£COMM£NOATIOHS 4fl.AN OfVfLOPMfNJ AND IMPl.£M£NJATION CA\DD\02000.50101\1401461.15 28
(CITY ATTY: 05-19)
DocuSign Envelope ID: 49D2141F-350A-4BCA-8E78-C328C8123627 EXHIBIT "C"

COMPENSATION
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in this Exhibit "C" CA\DD\02000.50101\1401461.l 5 29
(CITY ATTY: 05-19)
DocuSign Envelope ID: 49D2141 F-350A-4BCA-8E78-C328C8123627 CA\DD\02000.5010I\I40I46I.I5 30
(CITY ATTY: 05-19)

← All documents from this meeting