Cities Index.
Agenda

Norco City Council
August 17, 2022

Document
Agenda
Meeting
August 17, 2022
Body
Norco City Council
Pages
289
Original file
16.9 MB
Text extracted from the city's file for reading and search. Open the original on norco.civicweb.net. That file is the official record.

CA-30
WORKER’S COMPENSATION/EMPLOYER’S LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement # ________________________

1. Insurance Company ____________________________________________ (“the Company”)
Policy Number _________________________________________________

2. Effective Date of this Endorsement ________________________________

3. Named Insured_________________________________________________

4. Employer’s Liability Limit (Coverage B)______________________________ _____________________________________________________________ B. POLICY AMENDMENTS
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
(1) Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
(2) Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City of Norco, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the City of Norco.

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CA-31
C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

INSURER
I, _______________________, warrant that I have authority to bind (Print/Type Name)
the below-listed insurance company and by my signature hereon do so bind this company.

SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original signature required on endorsement furnished to the City of Norco) ORGANIZATION: ____________________________________________________ TITLE: ____________________________________________________ ADDRESS: ____________________________________________________ TELEPHONE: ____________________________________________________

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City Council

STAFF REPORT
Date: August 17, 2022 Agenda Item:

2.I.

To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:

Execution of a Cooperative Funding Agreement between the City of Norco and the Riverside County Flood Control & Water Conservation District for the Norco MDP Line N1G Storm Drain Project RECOMMENDATION:

Approve the Cooperative Funding Agreement between the City of Norco and Riverside County Flood Control & Water Conservation District to design and construct the Norco MDP Line N-1G Storm Drain Project, subject to non-substantive changes and approval by the Riverside County Board of Supervisors; and authorize the Mayor to execute the agreement.

SUMMARY:

Staff is recommending the City Council approve the Cooperative Funding Agreement with Riverside County Flood Control & Water Conservation District (RCFC&WCD) for the Norco MDP Line N-1G Storm Drain Project and authorize the Mayor to execute the agreement.

BACKGROUND:

The City of Norco has prepared plans and specifications for the construction of the Norco MDP Line N-1G Storm Drain Project located on California Avenue between Seventh Street & Eighth Street (See Project Exhibit). RCFC&WCD has agreed to enter into a Cooperative Funding Agreement for design and construction of the proposed drainage facility. The purpose of the Cooperative Funding Agreement is to memorialize the mutual understanding between both parties with respect to construction, ownership, operation and maintenance, including the funding contribution.

RCFC&WCD has agreed to contribute one hundred percent (100%) funding of the design and contract bid price, ten percent (10%) for administration of the design, one hundred percent (100%) of costs associated with property acquisition, ten percent (10%) for

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change order costs and fifteen percent (15%) for construction administration resulting in a too-not exceed contribution amount of $590,179.

Per the agreement, the City is responsible to prepare the design, specifications, plans, bid advertisement, inspection and project management.

FISCAL IMPACT:

The Norco MDP Line N-1G Storm Drain Project was approved as a Capital Improvement Project (CIP) for Fiscal Year 2021-2025. Funds in the amount of $271,000 ($10,000 for design costs and $261,000 for construction were carried over to FY 2023-2027). Total costs incurred to date is $43,150 in design costs.

Due to unforeseen potential costs related to increased material and labor costs the notto-exceed Cooperative Funding Agreement amount has been increased to $590,179 which exceeds the CIP budgeted amount. The 2023-2027 CIP budget will be amended by resolution in a separate staff report to adjust the budget to correspond with the Cooperative Funding Agreement not-to-exceed amount (project number 4214.30; 129.935.43180 & 129.935.43180.30).

RELATIONSHIP TO STRATEGIC PLAN:

Execution of the Cooperative Funding Agreement for the Norco MDP Line N-1G Storm Drain Project is consistent with Strategic Direction #5 – Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):

Funding Agreement

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FUNDING AGREEMENT
Norco Lateral N-1G
Project No. 2-6-10034
This Funding Agreement ("Agreement"), dated as of __________________, 2022, is entered into by and between the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body politic ("DISTRICT"), and the CITY OF NORCO, a municipal corporation ("CITY"). DISTRICT and CITY are collectively referred to herein as "Parties" and individually as "Party". The Parties hereby agree as follows:

RECITALS
A. DISTRICT has budgeted for and CITY has prepared plans and specifications ("IMPROVEMENT PLANS") for the construction, operation and maintenance of Norco Lateral N-1G; and
B. These IMPROVEMENT PLANS generally consist of the following:

1. Approximately 600 linear feet of storm drain system within California Avenue connecting to proposed North Norco Channel – Line N-1 Extension on Seventh Street ("LATERAL N-1G") as shown in concept in blue on Exhibit "A" attached hereto and made part hereof; and

2. Certain inlets, catch basin and connector pipes associated with LATERAL N-1G, which will be constructed to adequately collect and convey local flows within CITY-held easements or rights of way ("APPURTENANCES"); and
C. Together, LATERAL N-1G and APPURTENANCES are hereinafter called "PROJECT"; and
D. CITY plans to advertise, award and administer a public works construction contract for PROJECT during Fiscal Year 2022/2023; and

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E. CITY desires that DISTRICT include certain unavoidable utility relocations as part of DISTRICT's financial contribution to construct PROJECT. "UTILITY RELOCATIONS" is defined as (i) the relocation of CITY owned utilities that conflict with the construction of PROJECT and (ii) the unavoidable relocation of utilities not owned by CITY that (a) conflict with the construction of PROJECT and (b) cannot be relocated by others under CITY's franchise authority. These certain unavoidable UTILITY RELOCATIONS shall be included in the public works construction contract for PROJECT; and F. CITY desires that DISTRICT contribute funding toward the construction of PROJECT; and
G. DISTRICT wishes to support CITY's efforts to construct PROJECT by providing a financial contribution toward PROJECT's construction along with associated administrative and ancillary costs as set forth herein; and H. DISTRICT's financial contributions shall be as follows:

1. One hundred percent (100%) of design proposal cost to offset CITY's costs associated with engineering design; hydrology and hydraulics; geotechnical analysis; potholing required to complete the design of PROJECT; California Environmental Quality Act ("CEQA")
determination; preparation, application and acquisition of the environmental clearance and permits, if required for PROJECT; and other typical ancillary costs related to the preparation of improvement plans ("DESIGN CONTRIBUTION"). However, DESIGN
CONTRIBUTION shall not include the fees associated with the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"); and

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2. In the event that CITY chooses to hire an engineering consulting firm to prepare IMPROVEMENT PLANS, DISTRICT is also willing to contribute an additional ten percent (10%) of design proposal cost to offset CITY's administrative costs associated with design contract administration ("DESIGN ADMIN"); and

3. Up to one hundred percent (100%) of the relocation of conflicting gas line that cannot be relocated under CITY's franchise authority ("UTILITY RELOCATIONS"); UTILITY RELOCATIONS shall be
included as part of "BID PRICE" as defined below; and

4. Up to one hundred percent (100%) of the lowest responsive and responsible bid contract amount for the construction of PROJECT ("BID PRICE"); and

5. Up to an additional fifteen percent (15%) of BID PRICE to offset CITY's administrative cost associated with construction contract administration and other typical ancillary costs related to the delivery of the facility ("CONTRACT ADMINISTRATION
CONTRIBUTION"); and

6. Up to an additional ten percent (10%) of BID PRICE for construction contract change orders ("CONSTRUCTION CHANGE ORDERS
CONTRIBUTION"); and
I. Altogether, DESIGN CONTRIBUTION, DESIGN ADMIN, BID PRICE, CONTRACT ADMINISTRATION CONTRIBUTION and CONSTRUCTION CHANGE ORDERS CONTRIBUTION are hereinafter called "TOTAL DISTRICT CONTRIBUTION"; and

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J. TOTAL DISTRICT CONTRIBUTION for PROJECT shall not exceed a total sum of Five Hundred Ninety Thousand One Hundred and Seventy-Nine Dollars ($590,179); and
K. DISTRICT wishes to provide only financial assistance to CITY and have no other role; and
L. The purpose of this Agreement is to memorialize the mutual understandings by and between CITY and DISTRICT with respect to the construction, ownership, operation and maintenance of PROJECT and the payment of TOTAL DISTRICT CONTRIBUTION.

NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:

SECTION I
CITY shall:

1. Pursuant to the California Environmental Quality Act ("CEQA"), act as Lead Agency and assume responsibility for preparation, circulation and adoption of all necessary and appropriate CEQA documents pertaining to the construction, operation and maintenance of PROJECT.

2. Invoice DISTRICT (Attention: Special Projects Section) for fifty percent (50%) of DESIGN CONTRIBUTION upon execution of this Agreement. DISTRICT CONTRIBUTION shall not exceed a total sum of Five Hundred Ninety Thousand One Hundred and Seventy-Nine Dollars ($590,179) for PROJECT.

3. Prepare or cause to be prepared improvement plans in accordance with the applicable CITY standards. CITY shall make reasonable efforts during the preparation of improvement plans to avoid utility conflicts associated with UTILITY RELOCATIONS.

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4. Following the signing of IMPROVEMENT PLANS, invoice DISTRICT (Attention: Special Projects Section) for the (i) remainder of DESIGN CONTRIBUTION and (ii) DESIGN ADMIN. DISTRICT CONTRIBUTION and DESIGN ADMIN shall not exceed a total sum of Five Hundred Ninety Thousand One Hundred and Seventy-Nine Dollars ($590,179) for PROJECT.

5. Prior to advertising PROJECT for public works construction contract, obtain all necessary permits, licenses, agreements, approvals, rights of way, rights of entry, encroachment permits and temporary construction easements as may be needed to construct, operate and maintain PROJECT.

6. Upon execution of this Agreement, advertise, award and administer PROJECT pursuant to the applicable provisions of the California Public Contract Code. At the time of advertising for bids, provide DISTRICT with a copy of PROJECT plans, specifications, bid documents and any subsequent addenda thereto.

7. Provide DISTRICT with written notice (Attention: Contract Services Section) that CITY has awarded a public works construction contract for PROJECT. The written notice shall include the Contractor's actual bid amounts for PROJECT, setting forth the lowest responsible bid contract amount.

8. Order the relocation of all utilities within CITY rights of way which may conflict with the construction of PROJECT.

9. At the time of providing written notice of the award of a construction contract for PROJECT, invoice DISTRICT (Attention: Special Projects Section) for BID PRICE, subject to and provided that DISTRICT CONTRIBUTION does not exceed a total sum of Five Hundred Ninety Thousand One Hundred and Seventy-Nine Dollars ($590,179) for PROJECT. BID PRICE shall be supported by a copy of CITY's bid abstracts for PROJECT.

10. Procure or caused to be procured insurance coverages during the term of

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this Agreement. CITY shall require its PROJECT construction contractor(s) to furnish original certificate(s) of insurance and original certified copies of endorsements and, if requested, certified original policies of insurance including all endorsements and any and all other attachments. Prior to CITY issuing a Notice to Proceed to its construction contractor(s) to begin construction of PROJECT, an original certificate of insurance evidencing the required insurance coverage shall be provided to DISTRICT. At minimum, the procured insurance coverages should adhere to DISTRICTꞌs required insurance provided in Exhibit "B", attached hereto and made a part hereof. The procured insurance coverages shall name DISTRICT, County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insured. CITY shall notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.

11. Construct or cause to be constructed PROJECT pursuant to a CITY administered public works contract in accordance with IMPROVEMENT PLANS.

12. Inspect PROJECT construction or cause PROJECT's construction to be inspected by its construction manager.

13. Require its construction contractor(s) to comply with all Cal/OSHA safety regulations, including regulations concerning confined space, and maintain a safe working environment for all CITY and DISTRICT employees on the site.

14. Upon completion of PROJECT construction and CITY's acceptance thereof, accept ownership and sole responsibility for the design, operation and maintenance of PROJECT.

15. Upon completion of PROJECT construction, provide DISTRICT with a copy of CITY's Notice of Completion.

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16. Keep an accurate accounting of all PROJECT costs along with CITY's CONTRACT ADMINISTRATION CONTRIBUTION. The final accounting of construction costs shall include a detailed breakdown of all costs, including, but not limited to, payment vouchers, CITY approved change orders and other such construction contract documents as may be necessary, to establish the actual cost of construction for DISTRICT and CITY approved IMPROVEMENT PLANS.

17. At the time of providing a Notice of Completion, invoice DISTRICT (Attention: Special Projects Section) for CITY's CONTRACT ADMINISTRATION CONTRIBUTION and, if applicable, CITY's CONSTRUCTION CHANGE ORDERS CONTRIBUTION, subject to and provided TOTAL DISTRICT CONTRIBUTION shall not exceed Five Hundred Ninety Thousand One Hundred and Seventy-Nine Dollars ($590,179), for DISTRICT review.

SECTION II
DISTRICT shall:

1. Within thirty (30) days after receipt of CITY's invoices (i) pay all approved CITY's invoices and (ii) review and approve associated documents as described in the RECITALS and SECTION I herein this Agreement, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed Five Hundred Ninety Thousand One Hundred and Seventy-Nine Dollars ($590,179) for PROJECT.

2. Within thirty (30) days of CITY awarding PROJECT, pay the Western Riverside County Regional Conservation Agency the mitigation fee for PROJECT per the 2004 Implementing Agreement for the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), which is either the lesser of (i) three percent (3%) of the lowest responsible bid or ii) three percent (3%) of lowest responsible bid contract price, less the value of any applicable project specific mitigation.

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3. Not be responsible to pay any amounts that exceed the TOTAL DISTRICT CONTRIBUTION for PROJECT.

SECTION III
It is further mutually agreed:

1. Notwithstanding any other provision herein this Agreement, TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Five Hundred Ninety Thousand One Hundred and Seventy-Nine Dollars ($590,179) and shall be used by CITY solely for the purpose of constructing PROJECT as set forth herein. No additional funding whatsoever shall be provided by DISTRICT for any subsequent PROJECT modifications, extensions or repairs.

2. In the event the actual construction cost for PROJECT is less than the BID PRICE, CITY shall refund the difference to DISTRICT within thirty (30) days of filing the Notice of Completion for PROJECT.

3. Under the provisions of this Agreement, DISTRICT shall bear no responsibility whatsoever for the design, construction, ownership, operation or maintenance of PROJECT.

4. CITY shall indemnify, defend, save and hold harmless DISTRICT and the County of Riverside (including their agencies, districts, special districts and departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, representatives, independent contractors and subcontractors) from any liabilities, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way relating to CITY's (including its officers, elected and appointed officials, employees, agents, representatives, independent contractors and subcontract) actual or alleged acts or omissions related to this Agreement, performance under this Agreement or failure to comply with the requirements of this Agreement, including, but not limited to (a) property damage; (b) bodily injury or death; (c) payment of attorney fees; or (d) any other element of any kind or nature

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whatsoever. This section shall survive any termination of this Agreement until the statute of limitations period has run for any claims that could be asserted under this Agreement.

5. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

6. This Agreement is to be construed in accordance with the laws of the State of California. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.

Neither CITY nor DISTRICT shall assign this Agreement without the written consent of the other party.

7. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action based upon the provisions of this Agreement.

8. Any and all notices sent or required to be sent to the Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:

RIVERSIDE COUNTY FLOOD CONTROL CITY OF NORCO
AND WATER CONSERVATION DISTRICT 2870 Clark Avenue
1995 Market Street Norco, CA 92860
Riverside, CA 92501 Attn: Director of Public Works
Attn: Planning Division

9. This Agreement is the result of negotiations between the Parties hereto and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.

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10. Any waiver by DISTRICT or CITY of any breach by any other Party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of DISTRICT or CITY to require from any other Party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof or estopping DISTRICT or CITY from enforcing this Agreement.

11. The obligations of DISTRICT are limited by and contingent upon the availability of DISTRICT funds for DISTRICT's financial contribution toward PROJECT as set forth herein. In the event such funds are not forth coming for any reason, DISTRICT shall immediately notify CITY in writing. The Agreement shall be deemed terminated and have no further force and effect immediately upon receipt of DISTRICT's notification by CITY.

12. This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto.

13. No alternation or variation of the terms of this Agreement shall be valid unless made in writing and signed by both Parties and no oral understanding or agreement not incorporated herein shall be binding on either Party hereto.

14. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not Parties to this Agreement.

15. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions

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Act ("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
//
//

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IN WITNESS WHEREOF, the Parties hereto have executed this Funding Agreement on .
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
By
JASON E. UHLEY
General Manager-Chief Engineer
By
KAREN SPIEGEL, Chair
Board of Supervisors, Riverside County Flood
Control and Water Conservation District
APPROVED AS TO FORM: ATTEST:

COUNTY COUNSEL KECIA HARPER
Clerk of the Board
By
SYNTHIA M. GUNZEL
Chief Deputy County Counsel
By
Deputy
(SEAL)
Funding Agreement w/City of Norco
Norco Master Drainage Plan Lateral N-1G
Project No. 2-6-10034
08/01/22
AMR/RSM:blm

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RECOMMENDED FOR APPROVAL: CITY OF NORCO
By

GREG NEWTON
Mayor
APPROVED AS TO FORM: ATTEST:

By

JOHN HARPER
City Attorney
By

DANA ROA, CMC
City Clerk
(SEAL)
Funding Agreement w/City of Norco
Norco Master Drainage Plan Lateral N-1G
Project No. 2-6-10034
08/01/22
AMR/RSM:blm

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Exhibit A

FUNDING AGREEMENT
Norco Lateral N-1G
Project No. 2-6-10034

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Exhibit B
DISTRICT's Insurance Requirements is as follows:

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

A. Workers' Compensation:

If CONTRACTOR has employees as defined by the State of California, CONTRACTOR shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. Policy shall be endorsed to waive subrogation in favor of DISTRICT.

B. Commercial General Liability:

Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CONTRACTOR's performance of its obligations hereunder. Policy shall name the DISTRICT as Additional Insured. Policy's limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such

FUNDING AGREEMENT
Norco Lateral – 1G
Project No. 2-6-10034
1 of 7

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

C. Vehicle Liability:

If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CONTRACTOR shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.

Policy shall name the DISTRICT as Additional Insureds.

D. Professional Liability:

CONTRACTOR shall cause any architect or engineer retained by CONTRACTOR in connection with the performance of CONTRACTOR's obligations under this Agreement to maintain Professional Liability Insurance providing coverage for the performance of their work included within this Agreement, with a limit of liability of not less than $2,000,000 per occurrence and $4,000,000 annual aggregate. CONTRACTOR shall require that, if such Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and that such architect or engineer shall purchase at such architect or engineer's sole expense either 1) an Extended Reporting Endorsement (also known as Trail Coverage); or 2) Prior Dates Coverage from a new insurer with a retroactive date back to the date of, prior to, the inception of this Agreement; or 3) demonstrate through

FUNDING AGREEMENT
Norco Lateral – 1G
Project No. 2-6-10034
2 of 7

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Exhibit B
Certificates of Insurance that such architect or engineer has maintained continuous coverage with the same or original insurer. Coverage provided under items: 1), 2) or 3) shall continue for the term specified in the insurance policy as long as the law allows.

E. Pollution and Asbestos Liability:

CONTRACTOR or its construction contractor(s) shall obtain, at its sole expense and keep in effect during the term of the contract, Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) covering CONTRACTOR ꞌs or its construction contractor(s) liability for a third party bodily injury and property damage arising from pollution conditions caused by the CONTRACTOR or its construction contractor(s) while performing their operations under the contract. The insurance coverage shall apply to sudden and accidental pollution events. Any coverage restriction as to time limit for discovery of a pollution incident and/or a time limit for notice to the insurer must be accepted by the DISTRICT. The insurance coverage shall also respond to cleanup cost. This coverage may be written in combination with the commercial general liability insurance or professional liability insurance.

CONTRACTOR or its construction contractor(s) shall maintain Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. The policy shall be endorsed to state that the general aggregate limit of liability shall apply separately to this contract.

Any self-insured retention/deductible amount shall be submitted to the

FUNDING AGREEMENT
Norco Lateral – 1G
Project No. 2-6-10034
3 of 7

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Exhibit B
DISTRICT for review and approval. If CONTRACTOR or its construction contractor(s) maintains broader coverage and/or higher limits than the minimums shown above, the DISTRICT requires and shall be entitled to the broader coverage and/or higher limits maintained by CONTRACTOR or its construction contractor(s). Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the DISTRICT.

In the event, CONTRACTOR or its construction contractor(s) encounters materials on the site that is believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, CONTRACTOR or its construction contractor(s) shall immediately stop work in the area affected and report the condition to the DISTRICT in writing. The work in the affected area shall not thereafter be resumed except by written agreement of the DISTRICT and CONTRACTOR, if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the DISTRICT and CONTRACTOR.

CONTRACTOR or its construction contractor(s) shall not be required to perform without consent any work relating to asbestos or polychlorinated biphenyl (PCB).

F. General Insurance Provisions – All Lines:
a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating

FUNDING AGREEMENT
Norco Lateral – 1G
Project No. 2-6-10034
4 of 7

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Exhibit C
of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the DISTRICT Risk Manager. If the DISTRICTꞌs Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. b. The CONTRACTOR must declare its insurance self-insured retention for each coverage required herein. If any such self-insured retention exceeds $500,000 per occurrence each such retention shall have the prior written consent of the DISTRICT Risk Manager before the commencement of operations under this Agreement. Upon
notification of self-insured retention deemed unacceptable to the DISTRICT, and at the election of the DISTRICTꞌs Risk Manager, CONTRACTOR's carriers shall either: 1) reduce or eliminate such self-insured retention with respect to this Agreement with DISTRICT, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. c. CONTRACTOR shall cause their insurance carrier(s) or its contractor's insurance carrier(s), to furnish DISTRICT with 1) a properly executed original certificate(s) of insurance and certified original copies of endorsements effecting coverage as required herein; and 2) if requested to do so orally or in writing by the DISTRICT Risk Manager, provide original certified copies of policies including all endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) days written notice shall be given to the

FUNDING AGREEMENT
Norco Lateral – 1G
Project No. 2-6-10034
5 of 7

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Exhibit C
DISTRICT prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. If CONTRACTOR insurance carrier(s) policies does not meet the minimum notice requirement found herein, CONTRACTOR shall cause CONTRACTOR 's insurance carrier(s) to furnish a 30 day Notice of Cancellation Endorsement.
d. In the event of a material modification, cancellation, expiration or reduction in coverage, this Agreement shall terminate forthwith, unless DISTRICT receives, prior to such effective date, another properly executed original certificate of insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto, evidencing coverages set forth herein and the insurance required herein is in full force and effect. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the certificate of insurance.
e. It is understood and agreed by the parties hereto that CONTRACTOR's insurance shall be construed as primary insurance, and DISTRICT's insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.
f. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services or there is a material change in the equipment to be used in the performance of the scope of work which will add additional exposures (such as the use of

FUNDING AGREEMENT
Norco Lateral – 1G
Project No. 2-6-10034
6 of 7

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Exhibit B
aircraft, watercraft, cranes, etc.); or the term of this Agreement, including any extensions thereof, exceeds five (5) years, DISTRICT reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverages currently required herein, if, in the DISTRICT Risk Manager's reasonable judgment, the amount or type of insurance carried by CONTRACTOR has become inadequate.
g. CONTRACTOR shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement. h. The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to DISTRICT. i. CONTRACTOR agrees to notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.

FUNDING AGREEMENT
Norco Lateral – 1G
Project No. 2-6-10034
7of 7

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City Council

STAFF REPORT
Date: August 17, 2022 Agenda Item:

2.J.

To: Honorable Mayor and City Council Members
Prepared By: Michelle Anglin, Community Services Director Department: Community Services
SUBJECT:

Memorandum of Understanding (MOU) Between the City of Norco and Five Keys Schools and Programs
RECOMMENDATION:

Approve the MOU with Five Keys Schools and Programs
SUMMARY:

The Memorandum of Understanding (MOU) with Five Keys Schools and Programs support Five Keys Schools mission which provides opportunities for agricultural education and affords farming prospects the ability to be part of the workforce to enhance the community culture and support its rural animal keeping and agriculture lifestyle.

BACKGROUND:

On November 19, 2019, the City of Norco entered into a Memorandum of Understanding (MOU) with Five Keys Schools to provide resource development and community partnerships while establishing Ecological Agriculture Training (EAT) Cultural Center housed in the former Norco Public Library building. On July 7, 2021, the City Council approved support of a Rural Farmers & Artisans Market presented by Five Keys Schools and the EAT Cultural Center. Since its inception, Five Keys Schools has trained new farmers who are putting their large lots in Norco to productive use, honoring the City's rich agrarian heritage.

As a condition of the MOU, Five Keys was to present a report to the City Council every six months to show information on attendance, financial sustainability, community response, vendor participation and any other issues, favorable or unfavorable, encountered in the operation of the Rural Farmers & Artisans Market. As a result of the presentation to the City Council on February 2, 2022, there were concerns of noncompliance with the obligations of the MOU.

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On March 10, 2022, a business-working group comprised of City Staff and City Council Sub-Committee Members Grundmeyer and Bash met to discuss and review the MOU to make sure the requirements and responsibilities of both the Five Keys/EAT Program and the City are clearly identified and outcomes can be measurable.

In an effort to move forward with continued support of the Five Keys/EAT Program, Staff, Sub-Committee Members and representatives from Five Keys Schools met on April 21, 2022 to review the Sub-Committee conclusions and recommendations. It was determined that the current MOU was not a clear vessel for expectations to be fulfilled and the City Manager directed staff to prepare a new MOU.

A restructured MOU (attached) was developed which is before City Council for review and consideration. Staff, City Council Sub-Committee Members and the Five Keys School and Programs Assistant Director Chris Faucher met on Thursday, August 4, 2022 to discuss the new MOU. Additions to the new MOU include but are not limited to specific obligations and timelines for educational certification reporting, maintenance of the facility, a landscape and maintenance plan as well as requirements related to the Rural Farmers & Artisans Market. Additionally, language was included for requested marketing content sharing via the City’s official communication platforms that would benefit the residents of the community.

Both Five Keys Schools Counsel and City Attorney have reviewed and approved the MOU. Staff is recommending that the City Council approve the MOU agreement as proposed in order to provide continued support for community farming educational vocational program in the City of Norco.

FISCAL IMPACT:

The costs associated with the current use of the Five Keys Program is estimated at approximately $52,934 which has been waived by City Council.

RELATIONSHIP TO STRATEGIC PLAN:

The approval of this MOU is consistent with Strategic Direction #1 Public Health, Safety and Wellness - Enhance quality of life by promoting public health, safety and wellness initiatives for all community members.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):

Memorandum of Understanding

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MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF NORCO
AND

FIVE KEYS SCHOOLS AND PROGRAMS
This Memorandum of Understanding is made and entered into this 17th day of August, 2022, by and between Five Keys Schools and Programs, hereafter called (FIVE KEYS) and City of Norco, hereafter called (CITY).

RECITALS
WHEREAS, a mutual partnership be established with the CITY and the FIVE KEYS Schools program through a Memorandum of Understanding (MOU) to support FIVE KEYS Schools mission which provide opportunities for agricultural education and afford farming prospects the ability to be part of the work force to enhance the community culture and support its rural animal keeping and agriculture lifestyle; and WHEREAS, CITY supports and offers classroom space to the Five Keys program offering vocational education in a healthy environment allowing students to contribute into their communities through workforce, career and life skill development and small business creation thus building positive and productive members of the community in which their families and communities shall benefit from; and
WHEREAS, FIVE KEYS, currently provides educational opportunities and services to unincorporated areas and Municipalities within Riverside County and has a team of educators, trainers, farmers and vocational students; and NOW THEREFORE, FIVE KEYS and CITY HEREBY AGREE AS FOLLOWS:

1. FIVE KEYS and CITY enter into this MOU to facilitate the FIVE KEYS Ecological Agriculture Training Program (the “Program”)

2. CITY agrees to advocate for the Program and assist in resource awareness of possible farming locations within the City of Norco, providing resource information and community awareness to house the FIVE KEYS program model providing agriculture and small farm training through classroom education and hands-on field experience.

3. The City hereby agrees to support a Rural Farmers & Artisans Market conducted by Five Keys at the EAT Cultural Center, held weekly on a mutually agreed upon day and time, in the City-owned parking lot adjoining the EAT Cultural Center in the former Norco Public Library Building and American Legion Post 328. The City agrees to waive some or all of the usually-imposed

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event fees, provided that Five Keys complies with the obligations outlined below.

4. FIVE KEYS shall deliver these services within the City of Norco, however, nothing in this MOU shall limit FIVE KEYS or CITY’s ability to collaborate with other entities to deliver educational services. The CITY has no financial or operational obligations or commitment other than what is outlined in this MOU.

5. The purpose of this agreement is to define the scope of services and responsibilities by each party and provide a continuum of educational service for participants that promote farming, agriculture trades and other vocational programming.

6. In exchange for CITY support, FIVE KEYS shall:
a. Provide California Credentialed Career Vocational Programming to adult students using Career Technical Education Instructors.
b. Provide a combination of classroom-based instruction and field based training.
c. Provide ongoing assessment of clients’ career/academic needs and academic progress.
d. Provide students documentation of attendance and course credit within two (2) weeks of completion.
e. Provide all textbooks and learning materials required. f. Provide California Career Technical Education and skill set development certificates of completion as appropriate. Provide to City an annual listing of certificates awarded for each class.
g. Designate a FIVE KEYS staff person to be the point of contact for all CITY related issues.
h. Assure that its Instructors be either an employee or an independent contractor of FIVE KEYS and shall not be a CITY employee. FIVE KEYS shall take responsibility for workers compensation insurance or other benefits to which the Instructor may be entitled.
i. Provide maintenance to the exterior facility and include a City-approved plant, landscape and maintenance plan of the property as approved by the Facility and Maintenance Director (Exhibit “A”). The general maintenance plan shall include the general clean-up of the front landscape planters, front bridle path, shared parking lot adjacent to the building in the northern portion of the shared lot with the American Legion and the back lot of the facility. FIVE KEYS shall provide custodial services to include supplies for their classroom use.
j. FIVE KEYS and Vendors shall comply with the following obligations for Rural Farmers & Artisans Market conducted at the EAT Cultural Center:

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i. FIVE KEYS shall present a rider to the organization's insurance certification that includes coverage on the City-owned parking lot; ii. FIVE KEYS to obtain a Riverside County Environmental Health Department permit;
iii. FIVE KEYS to produce evidence of vendor product liability insurance coverage naming the City of Norco as additionally insured;
iv. FIVE KEYS to obtain a City of Norco approved FIVE KEYS Vendor Application (attached) signed from each vendor;
v. FIVE KEYS to strictly adhere to all Planning Department and Fire Department conditions (attached);
vi. FIVE KEYS to maintain an accurate Vendor Spreadsheet (attached);
vii. FIVE KEYS be solely responsible for all set-up, take-down, cleanup, and promotion of the events and monitor the site to ensure all Planning and Fire conditions are being met;
viii. FIVE KEYS agree that the City's initial waiver of fees may be partially or entirely rescinded based on the financial performance of the event or other resources made available to Five Keys; ix. FIVE KEYS to report to the City Council every six (6) months (July and January) to present information on attendance, financial sustainability, community response, vendor participation, and any other issues, favorable or unfavorable, encountered in the operation of the Rural Farmers & Artisans Market;
x. Five Keys acknowledges that the City reserves the right to terminate its support for the Rural Farmers & Artisans Market at any time if the above conditions are not met or if the City deems the event is no longer in the best interest of Norco residents. xi. Vendors shall submit a copy of their valid driver’s license or ID and obtain a no-fee City of Norco Business License;
xii. Applicable vendors shall have a valid California Department of Tax and Fee Administration seller’s permit with address 3954 Old Hamner Road, Norco, CA 92860.

7. CITY shall:
a. Provide use of the Old Library for classroom space as not to interfere with existing use by the CITY at 3954 Old Hamner Road, Norco California to maintain open, year-round enrollment of eligible students to enroll in their Ecological Agriculture Training (EAT) vocational program.
b. CITY through the duration of this MOU shall provide at no cost to FIVE KEYS use of facilities, to include trash, water/sewer, and electricity.

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c. CITY shall meet with FIVE KEYS on an annual basis to review tenant use and extension of permitted facility use. The CITY has the right to inspect the facility at any time.
d. CITY shall evaluate annually its ability to reduce fees and or waive fees associated to the use of an agriculture water meter for installation and consumption use for the Ecological Agriculture Training Farm location within the City of Norco boundaries.
e. Designate a CITY staff person to be the point of contact for all FIVE KEYS related issues
f. City Facilities and Maintenance Department’s designee shall inspect facilities at any time without prior notice.

8. It is understood:
a. FIVE KEYS shall track enrollment for purposes of local, state funding reporting. As such, CITY shall have no responsibility, liability or cost associated with education or school program or reporting to the State or grant endowments regarding the completion of work and/or responsibilities to the administration by FIVE KEYS.
b. FIVE KEYS retains the right to store equipment, materials, and supplies in the same area and conduct classroom exercises for the benefit of the FIVE KEYS program.
c. FIVE KEYS and the CITY shall work together to develop acceptable amounts of space for the interests of each party. Use of the facilities by the CITY shall be coordinated in such a manner as not to interfere or conflict with FIVE KEYS activities.
d. FIVE KEYS must submit a quarterly calendar of programs and events held in City limits to the CITY liaison for informational purposes. e. FIVE KEYS may not use the official City of Norco seal in/on any material(s) per Norco Municipal Code Chapter 2.02. FIVE KEYS may request to use a Horsetown USA trademark in accordance with Norco Municipal Code Chapter 3.70.
f. FIVE KEYS can request that the CITY share marketing content related to FIVE KEYS’ programs and events held in City limits via the CITY’s official communication platforms. If FIVE KEYS requests content sharing from the CITY, FIVE KEYS must submit marketing content for review and approval at least 10 days prior to the desired post date. The CITY reserves the right to request changes, including but not limited to textual and/or artistic changes, prior to approving FIVE KEYS’ requested content for sharing via the CITY’s official communication platforms. The CITY reserves the right to deny a marketing content sharing request if requested changes and final content is not agreed upon by the time of FIVE KEYS’ desired post date.

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Term: The term of this MOU shall be effective from the date signed, and shall remain in effect until either party decides to terminate this MOU at any time by giving thirty (30) days written notice to the other party.

Legal Responsibility: The program shall comply with all regulations, ordinances applicable to the performance of this MOU, and in effect, all required licenses, permits, notices, and certificates. FIVE KEYS shall abide by all federal, state, county governmental agencies regulations and requirements regarding confidentiality policies, and not limited to:
a. 42 CFR Part 2 regulations related to Confidentiality of Alcohol and Drug Abuse Patient Records
b. California Mandated Blood Testing and Confidentiality to Protect Public Health Act of 1985 and all amendments, regarding AIDS/HIV issues
c. Health and Safety Code Section 11812(c).
d. Health Insurance Portability Accountability Act of 1996 (“HIPAA”) - federal Standards for Privacy of Individually Identifiable Health Information, located at 45 C.F.R. parts 160 and 164 (“HIPAA” or the “Privacy Rule”). i. To ensure that student information is secure. FIVE KEYS Schools and programs shall maintain all confidential student/client files. The CITY shall not be responsible for any private information maintained by FIVE KEYS Schools.

Insurance: The FIVE KEYS Schools shall name the CITY as additional insured in the FIVE KEYS comprehensive general liability, primary noncontributory endorsement, waiver of subrogation endorsement and State of California Workers Compensation Insurance policy. The FIVE KEYS hereby agrees to, and shall hold CITY, its elected officials, commissions, volunteers and employees harmless and defend and indemnify the same from and against any or all loss, liability, expense, claim, costs, suits, damages of every kind, nature and description directly or indirectly arising from any act or omission of FIVE KEYS in its performance pursuant to this MOU, specifically including its utilization of the Old Library facility.
a. Indemnification and Hold Harmless: FIVE KEYS Schools and programs shall maintain release forms signed by the student/client, which indicates the student/client’s willingness to waive his/hers rights to file a claim or suite against the CITY by and indemnify the CITY through a waiver of release of indemnity. These forms should be provided to the CITY upon request. (Exhibit “B”).
b. Policy Limits and Requirements: FIVE KEYS agrees to deliver annually based on signature and date of this MOU continuing public liability and property damage insurance policy with all endorsements with not less than the following limits:

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1) $1,000,000 for injury to any one person in any one incident 2) $2,000,000 for injuries sustained by more than one person in a single incident
3) $100,000 for property damage sustained by any one person in a single incident
4) $1,000,000 for product liability
i. All Limits of liability shall be kept in full effect and force during the term of this MOU.
ii. Insurance shall need to be submitted by the annual date as executed in this MOU.
iii. The CITY’s insurer PERMA shall approve the insurance policy as additional insured on the insurance policy and all endorsements required for the FIRST KEYS Schools program.

Facility Use Maintenance and Repairs: The CITY shall have first priority for any use of facilities, and FIVE KEYS shall have second priority, with the understanding between both parties that appropriate notice, and effort shall be made by each party to accommodate the facilitation needs of each other. This MOU applies to the use of the facilities listed and does not apply to other CITY facilities.
a. FIVE KEYS shall have the right following CITY consent to remodel, redecorate, and make additions, improvements, and replacements of and to all or any part of the facility from time to time as FIVE KEYS may deem desirable, provided the same are made in a workmanlike manner and utilizing quality materials at the expense of FIVE KEYS. Any improvements on the facility or grounds that FIVE KEYS wish to make, shall be approved by the CITY prior to any implementation. FIVE KEYS shall submit a Facility Improvement Form (Exhibit “C”) for review and approval by the Facilities and Maintenance Director for any and all improvements. b. FIVE KEYS shall pay the CITY for any extra-ordinary expenses reasonably relating to the FIVE KEYS’ use of the facility, including but not limited to additional CITY capital improvements required by FIVE KEYS Schools. All CITY-related cost improvements for the facility shall be submitted on the Facility Improvement Form for review and approval by the Facilities and Maintenance Director. c. FIVE KEYS shall have the right to place and install personal property, trade fixtures, equipment, and other temporary installations in and upon the facility, and fasten the same to the premises. All personal property, equipment, machinery, trade fixtures, and temporary installations, whether acquired by FIVE KEYS at the commencement of the MOU term or placed or installed on the facility by FIVE KEYS thereafter, shall remain FIVE KEYS property free and clear of any claim by the

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CITY. FIVE KEYS shall have the right to remove the same at any time during the term of this MOU provided that all damage to the facility caused by such removal shall be repaired by FIVE KEYS at FIVE KEYS’ expense.
d. FIVE KEYS shall cover custodial, administrative, and supply expenses associated with its operations and use of the facility.
e. FIVE KEYS shall not sublease all or any part of the CITY facility, or assign this agreement in whole or in part without CITY consent.
f. The CITY shall have the right to enter the facility at reasonable hours to inspect for various health and safety needs, routine scheduled inspections for general upkeep shall be performed twice a year (January and July) by the Facility and Maintenance Superintendent.
g. The CITY shall repair and maintain the structural and exterior portions and Common Areas of the Building, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems, heating, ventilating, air conditioning, and electrical systems installed or furnished by the City. Five Keys shall notify the City of any potential problems in a timely manner for the City to address the maintenance or repair concern.
h. All facility use shall be consistent with the provisions in the CITY Facility Use Policy (Exhibit “D”).

Termination Provisions: either party may terminate this agreement at any time upon 30 days’ notice to the other party.

Amendments: No alteration or variation of the terms of this MOU shall be valid unless made in writing, approved by the City of Norco and signed by the parties hereto.

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By: ____________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:

By: ___________________________
John Harper, City Attorney
Harper & Burns, LLP
IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum of Understanding (MOU) on the date as indicated beside each Party's signature.

GRANTEE: FIVE KEYS SCHOOLS and PROGRAMS AUTHORITY
By: __________________________
Signature
__________________________
Name and Title
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED.

Attach Certificate of Acknowledgment
GRANTOR: CITY OF NORCO
By: ___________________________
Greg Newton, Mayor
ATTEST:

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Exhibit “A”
Landscape and Maintenance Plan
Ecological Agriculture Training Cultural Center
3954 Old Hamner Road
Norco, California
Plant varieties and design are based on a working lands, food forest, and edible landscape concept meeting one or more of four priorities.

1. Focus on varieties historically utilized in Norco

2. Native species with important and historic connections to indigenous culture of the region

3. Drought tolerant with low water requirements

4. Have agricultural uses while meeting micro-climate requirements Old Hamner Road/East side of Parking Lot
Plant Varieties
4- 15 gal. Apricot trees (Blenheim, Royal or Tropic Gold) 15- 1 gal. Deer Grass (Muhlenbergia rigens)
7- 1 gal. Agave (Blue or similar variety)
3 cubic yards mulch
Installation
Locally sourced and acquired Mulch will be applied immediately at a rate 4” on the entire planting block. When Plant material is acquired, trees will be planted approximately 12’ apart and on center of planting block. Shrub species will be planted approximately every 18” on center. Basic drip irrigation will be installed.

Maintenance
Planting blocks will be irrigated two days a week (Tuesday and Friday) Planting Block will be weeded once a week or as needed.

Dead and or diseased plants will be removed as soon as identified and replaced Trees will be trimmed/pruned seasonally as part of the Ecological Agriculture Training Center’s educational programs. This will occur no less than 1-time per year.

South Side of Building/North end of Parking lot

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4-15 gal. Mission Olive Trees
45- 4 in. or larger English lavender
6- 1 gal. upright rosemary
4 cubic yards mulch
Remove loose and broken bricks along planter beds and replace with rustic wooden railroad ties or telephone polls.

Installation
Locally sourced and acquired Mulch will be applied immediately at a rate 4” on the entire planting block. When Plant material is acquired, trees will be planted approximately 12’ apart and on center of planting block. Shrub species will be planted approximately every 18” on center. Basic drip irrigation will be installed.

Maintenance
Planting blocks will be irrigated two days a week (Monday and Wednesday) Planting Block will be weeded once a week or as needed.

Dead and or diseased plants will be removed as soon as identified and replaced Trees will be trimmed/pruned seasonally as part of the Ecological Agriculture Training Center’s educational programs. This will occur no less than 1-time per year.

East side of building (front entrance)
1 15 gal. Peach tree (Rubidoux)(addition to the 2 existing peach 5avocado and 7 dragon fruit already established.)
10- 4 in (or larger) Thyme (any variety) (for planter beds at toe of building) 4- 1 gal. (or larger) upright Rosemary (for planter beds at toe of building) 6- 1 gal. leather leaf fern (or similar shade loving fern) (planter bed under porch in full shade)
100 feet of railroad ties
5 cubic yards mulch
Repair/Replace wooden post and rail fences. Remove loose and broken bricks at toe of building and replace with rustic wooden railroad ties or telephone poles.

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Installation
Locally sourced and acquired Mulch will be applied immediately at a rate 4” on the entire planting block. When Plant material is acquired, trees will be planted approximately 12’ apart and on center of planting block. Shrub species will be planted approximately every 18” on center. Basic drip irrigation will be installed.

Maintenance
Planting blocks will be irrigated two days a week (Tuesday and Friday) Planting Block will be weeded once a week or as needed.

Dead and or diseased plants will be removed as soon as identified and replaced Trees will be trimmed/pruned seasonally as part of the Ecological Agriculture Training Center’s educational programs. This will occur no less than 1-time per year. Trellis Dragon fruit as they reach a height of 24-36 inches.

Westside of Building (from building to, but not including, Hamner Ave. Parkway) Maintenance
Trees will be trimmed seasonally to coincide with educational programming but at least once per year. Area will be kept free of weeds and debris and will be maintained weekly. Entire Area will be mulched to reduce dust and minimize water use. Drip or conservation-based irrigation will be installed in all planted areas.

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Exhibit "B"
WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19

ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT In consideration of being allowed to participate in the FIVE KEYS SCHOOLS PROGRAM and all related events, activities, and programs, the undersigned acknowledges, appreciates, and agrees that the risk of serious injury including, but not limited to, permanent paralysis, injury, and death, is significant and does exist, even though particular rules, equipment, and personal discipline may reduce the risk.

1. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,

2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,

3. I willingly agree to comply with the stated and customary terms and conditions for participation as regards to protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,

4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS FIVE KEYS and the City of Norco, their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT,

FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP

SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

Name of participant: _____________________________________________ Participant signature: _____________________________________________ Date signed: __________________________________________________ Emergency Contact Information:

Name: ______________________________ ___________________________________ First Last
Address: _______________________ _______________________ ______________ Street City Zip Code
Home Number: (______) _____________ Cell Number: (______) ____________________ Relationship: ___________________________________

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More Information: (951) 270-5632 | [email protected] Organization: Date:

Contact Name/Title:

Address:

City: State: Zip:

Phone Number:

Email Address:

If you’re an in-town organization, do you have a valid City business license? Yes No Location:

Description of the “Work”:

Start Date: Completion Date: Total Cost:

The Applicant agrees to:
• Obtain a price quote for the Work
• Share the cost proposal prior to contracting any element of the Work • Pay 100% of the cost of the Work
• Perform the Work in a timely fashion, so as not to interfere with any other permit holder’s program • Complete the Work by the Completion Date
• Be solely responsible for all clean-up and removal of debris from the Work • Be solely responsible for ongoing maintenance of the improvement • Perform the Work in accordance with the City of Norco construction/maintenance practices (i.e., obtaining appropriate business license(s), building permits, etc.) • Understand any improvements, permanent fixtures or structures are property of the City of Norco Printed Name: Signature:

FOR CITY USE ONLY: Approved Denied
Department Head Signature: Date:

Exhibit "C"

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Exhibit “D”

FACILITY USE POLICY

APPLICATION PROCEDURES
Priority for use of all City facilities shall be based upon the following guidelines, on a first come, first-served basis. All fees are subject to change and review as required.

Applicants must be 18 years of age or older, 21 or older if permit includes alcohol.

Norco City/Department sponsored activities and uses supersede all other group facility users.

The City anticipates that it may enter into an operation agreement with a private entity for the operation of any City facility or event center. While this rental agreement shall be binding on any private entity with regard to time of use, conditions related to the use, specifically as to fees related thereto may be modified.

A facility request is approved only when a permit has been issued and signed by the Department Director or designee. The City reserves the right to refuse facility use and/or equipment rental if the City does not consider the planned event appropriate.

All requests must be submitted at least 30 days prior to the event date. Requests for facilities are accepted in the following timeline:
a. Special Consideration Groups and those organizations/events as identified in Resolution No. 2010-59, for following or subsequent year b. All others: Within 12 months
Changes in scheduled hours or conditions indicated on the original permit must be submitted in writing by the applicant 15 days prior to the rental date.

Any cancellation of a scheduled use date for all facilities must be submitted in writing 90 days prior to the rental date with the exception of the George Ingalls Equestrian Event Center which has a 6-month cancellation policy as noted on the specific George Ingalls Equestrian Event Center Arena Provisions and Regulations.

Requests shall not be approved for more occupancy than a facility can reasonably accommodate or as regulated by the City Fire Marshall.

Any request requiring specific permits outside of the Community Services Department (i.e. street closures – Public Works, Business License, Planning, Fire Permit – Fire Department, Tent and Bleachers) will have their request referred to the authorization

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General - Page 2 Permit Holder Initials______
department no later than 30 days prior to event with plans to complete an application.

All fees associated are the responsibility of the applicant.

INSURANCE REQUIREMENTS
The permit holder shall procure and maintain for the duration of the rental period insurance against claims for injuries to persons or damages to property which may arise from or in connection with the rental of the facilities and the activities of the permit holder, his guests, agents, representatives, employees, or subcontractors.

Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as Insurance Services Form CG 00 01 covering CGL on an “occurrence” basis, including property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Certain permits will require limit adjustments as recommended by PERMA with added endorsements of primary and noncontributory with waiver of subrogation.

If the permit holder maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the permit holder. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds with verified endorsements on the CGL policy with respect to liability arising out of the rental of the facility, work or operations performed by or on behalf of the permit holder including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the permit holder’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Blanket policies may apply and be accepted. Certain permits may require limit adjustments as recommended by PERMA with added endorsements of primary and noncontributory.

Primary Coverage
For any claims related to this contract, the permit holder’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Approved per City Council
May 31, 2022

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General - Page 3 Permit Holder Initials______
City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the permit holder’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Permit holder hereby grants to City a waiver of any right to subrogation, which any insurer of said permit holder may acquire against the City by virtue of the payment of any loss under such insurance. Permit holder agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the entity has received a waiver of subrogation endorsement from the insurer.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
Permit holder shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and/or a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City. All certificates and endorsements are to be received and approved by the City at least five days before permit holder commences activities.

Special Events Coverage
Special events coverage is available for an additional fee to provide the liability insurance required by this agreement. Permit holder can obtain additional information and cost from City.

Special Risks or Circumstances
City reserves the right to modify these requirements based on the nature of the risk, prior events, insurance coverage, or other special circumstances.

Liquor Liability
If permit holder will be supplying alcoholic beverages, the general liability insurance shall include host liquor liability coverage with required endorsements. If permit holder is using a caterer or other vendor to supply alcohol that vendor must have liquor liability coverage and required endorsements. If permit holder intends to sell alcohol either the permit holder or vendor providing the alcohol for sale must have received permission from the Director with all required documentation to receive a valid liquor sales license and liquor liability insurance covering the sale of alcohol.

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Homeowners Insurance
In some cases, the permit holder’s homeowner’s liability insurance may provide coverage sufficient to meet these requirements. Permit holder should provide these requirements to his or her agent to confirm and provide verification to the City.

COMPLIANCE WITH ALL APPLICABLE LAW, RULES, & REGULATIONS

1. The permit holder shall comply with all local, state, and, federal laws and regulations related to the use of the facility and public gatherings.

2. The permit holder agrees to abide by all applicable local, federal, and state accessibility standards and regulations.

3. The permit holder further agrees that it is solely responsible for reviewing and ensuring compliance with all applicable public health rules, regulations, orders, and/or guidance in effect at the time of the use of the facility including, but not limited to, physical distancing, limits on the size of gatherings, use of appropriate sanitation practices, etc.

4. The City reserves the right to immediately revoke the permit holders right to use of the facility should the permit holder fail to comply with any provision of this section.

FACILITY USE FEES
All rental fees are determined and set forth by Norco City Council resolution. All rental fees are due and payable no later than 60 days prior to the scheduled event unless approved by the Director. A service charge as stated in the Fee Schedule will be assessed on all returned checks. No fees are pro-rated. All fees are subject to change. Long-term recurring rentals must pay 2 months in advance followed by monthly payments as identified in executed permit.

Deposits and insurance are due at time of application approval, unless approved by the Director. All deposits are refundable if the facility is returned in like condition as originally leased. Monies may be deducted from deposits if the facility is damaged or requires cleaning over and above the normal use patterns. If the user fails to vacate the premises within the rental contract timeline, additional deposit fees may be retained.

Deposits will be returned within 30 days following the rental date.

A non-refundable application/booking per date fee will be charged for each facility use request as well as an Infrastructure Fee per facility per date. A booking fee will be charged per date booked per application, with a maximum as stated in the Fee Schedule. A fee will be charged per adjustment made to the original filed permit plus any additional applicable fees.

Cancellations for any City facility after the cancellation date will result in the forfeiture of all deposits, application fees, infrastructure fees and booking fees.

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All facilities deposits and fees shall be forfeited if cancellation is not made at least six months prior to the reserved date. Deposits will be refunded if City is able to rebook facility.

A no-show, regardless of any group status, will forfeit all fees and/or incur a charge of direct and indirect costs.

Escalation of Fees: Annually, by public hearing subject to City Council action, all fees charged for facilities and services will be adjusted based on an annual public hearing by the Norco City Council approved rate or by a rate which directly corresponds with the Consumer Price Index All Urban Consumers Los Angeles, Riverside, Orange County.

Rentals made prior to July 1 for dates after July 1 will be charged at the current rate plus the CPI increase unless the contract is already paid in full.

Definition of Fully Burdened: The “fully burdened” hourly rate applicable to each staff person is derived from computing the hourly work rate (annual salary/available work hours), fringe benefit percentage, overhead rates for the department, and percentage of operating expenses, building occupancy charges and fixed assets applicable.

DISCLAIMER
Reduced/Waived Fees: Community events and organizations with long histories and substantial widespread Community involvement which have been noted as Special Consideration Groups by Resolution of the Norco City Council, will continue to be subsidized with reduced or waived fees as outlined in their individual lease agreements or permits. Should the original organization relinquish the event to another community organization, the event fees will be at full rental costs. Residents and local businesses will be entitled to a discount on Nellie Weaver Hall facility rental fees only (not including application, security, equipment rental, contractor fees, cleaning and booking fees) at 25% off for residents and 10% off for businesses with valid picture I.D. which provides a current Norco address and/or business license. This discount is for residents and local businesses only and specifically prohibits any subletting or facility shared use.

All other organizations and events will be charged full fees based on the fee policy and fee schedule.

Multi use Days: At the George Ingalls Equestrian Event Center all Rates are based on a one-day use but multiple consecutive day rates are available. A package can be customized based on the current facility use policy and fee schedule. Please call for multiple day use information.

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GENERAL RENTAL REGULATIONS/PROVISIONS
The following General Provisions apply to any rental of a city facility and event center and are intended to be adhered to in addition to the specific rental area.

1. The permit holder shall comply with all local, state, and, federal laws and regulations related to the use of the facility and public gatherings.

2. The permit holder agrees to abide by all applicable local, federal, and state accessibility standards and regulations.

3. The permit holder further agrees that it is solely responsible for reviewing and ensuring compliance with all applicable public health rules, regulations, orders, and/or guidance in effect at the time of the use of the facility including, but not limited to, physical distancing, limits on the size of gatherings, use of appropriate sanitation practices, etc.

4. No smoke or fog machines allowed, nor entertainment involving fire or flame.

5. No Jumpers, pony rides, contractors, vendors, rental equipment or entertainment allowed without city permission and required insurance with required endorsements.

6. Applicant is responsible for keeping all guests/participants in the rented area only. Guests/participants are not allowed in non-rented areas.

7. No weapons or illegal activities, use of profane language or improper conduct is not permitted.

8. Applicant is responsible for the actions of all individuals present at events.

9. Security service as approved by the City will be required for those activities having music and/or alcoholic beverages unless waived by the Director. Staff will determine time and numbers of security per event. No music or alcohol may be served without the presence of security guards for the duration of the event.

10.Applicant must use the City assigned security where applicable. Additional charges for the security will be added to the rental fee.

11.Alcoholic beverages, if allowed, must remain inside the building or designated area as approved by the Alcoholic Beverage Control Board (ABC). The sale of alcohol must be approved by the City of Norco. The required forms must be submitted within 30 days prior to the event for approval by the Director, Riverside County Sheriff and the California Department of Alcohol Beverage Control.

12.The City is not responsible for lost, stolen, or damaged articles.

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13.Should the fire alarm be set off, ALL attendees must vacate the premises immediately for safety precaution, allowing staff to determine the nature of the alarm.

14.The City of Norco reserves the right of full access to all activities at any time in order to ensure that all rules and regulations, City ordinances, and state laws are being observed.

15.All facility users and guest must obey instructions of the City employee(s) and or security on duty.

16.Applicant assumes all liability for damages and destruction to, or theft of City property, including but not limited to graffiti, plumbing damage or services, broken windows, etc. related to the event.

17.Any and all accidents occurring in the City facility that cause injury to any individual must be reported immediately to the City staff member on duty.

18.The facility will not be opened or available prior to the time on the rental agreement. If additional time is needed, arrangements and additional fees must be paid through the Community Services Department.

19.If patrons are unable or do not comply with “end” time on permit, additional applicable fees will be charged.

20.Rental contract may not be transferred, assigned or sublet. Any violation to this term will result in a forfeit of all fees.

21.Permit holder will remove all equipment, supplies and decorations brought in by the group immediately following the activity, or as arranged and approved by the Director. Any equipment remaining will become the property of the City of Norco.

The City reserves the right to dispose of any items at the expense of the permit holder/owner. If supplies and decorations remain after the conclusion of the rental the permit holder will incur additional cleaning fees to dispose or remove items.

22.All trash and debris to be picked up and disposed of properly. All trash, paper, sanitary products, etc. in restrooms must be placed in trash receptacles.

Chewing gum must be removed from all surfaces.

23.Smoking/vaping is prohibited in all areas of all public parks. In the case of the George Ingalls Equestrian Event Center, smoking is prohibited in the bleachers, and any other areas that may be identified by the Director and posted as a “No Smoking” area. (Ord. 922 Sec. 1, 2010).

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24.No person shall occupy and/or install and maintain a structure of any type or for any purpose in any park, public facility or right-of-way without first having obtained a permit pursuant to Norco Municipal Code Chapter 5.16 (solicitor, sidewalk and roadside vending), Chapter 9.28.020.030 (meetings and assemblages), or 12.08.021 (sidewalks/right of way encroachment), as applicable.

DRESS CODE
The Facilities Use Agreement requires that all renters post signs at events open to the public that include the following:

The [RENTER] reserves the right to refuse admittance to anyone wearing clothing that contains inappropriate language, symbols, gang, or crew attire. This includes bandanas, hats, initialed belt buckles, vests, and other gang/crew apparel.

ACTIVITY RESTRICTIONS/ALCOHOL
Serving of alcoholic beverages is permitted only in Nellie Weaver Hall or other City facilities with the approval of the Director or his Designee.

Sale of alcoholic beverages must have Department approval as well as a current Alcoholic Beverage Control Board License (ABC). Groups wishing to sell alcoholic beverages as part of their activity will be required to do the following:

1. Obtain approval from the Director through a letter verifying the date, place, and intended activity. It is the responsibility of the permit holder to obtain the appropriate license and insurance. No alcoholic beverages will be allowed to be brought in by individual guests/patrons. Alcoholic beverages must remain in the permitted area. The required forms must be submitted within 30 days prior to the event for approval by the Director, Riverside County Sheriff and the California Department of Alcohol Beverage Control.

Note: Alcohol availability not authorized through the rental agreement will result in termination of the event. Any costs associated with the termination of the event will be charged to the permit holder. If necessary, all fees and deposits will be forfeited.

2. Underage drinking violates California law and will result in the immediate termination of the rental.

3. ABC permits must be posted during the event in the area where the alcohol is being sold.

4. Alcoholic beverages may not be taken from the building or designated area.

5. Non-compliance with the rules, regulations or provisions noted in the City of Norco Facility Use Policy will result in cancellation of said activity/activities and forfeiture of all fees.

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FACILITY HOURS OF OPERATION
Gymnasium 7 a.m. – 11 p.m. Daily
Ballfields 7 a.m. – 11 p.m. Daily
Meeting Rooms 7 a.m. – 10 p.m. Sunday -Thursday
7 a.m. - 12 a.m. Friday - Saturday
Senior Center 3 p.m. – 10 p.m. Monday, Wednesday
and Thursday
4 p.m. – 10 p.m. Tuesday
1 p.m. – 10 p.m. Friday *
7 a.m. – 10 p.m. Saturday
* (Second and fourth Friday of each
month not available)
Weaver Hall (2-hour minimum) 7 a.m. – 11 p.m. Sunday – Thursday (4-hour minimum) 7 a.m. – 12 a.m. Friday
(6-hour minimum) 7 a.m. – 12 a.m. Saturday
Sports Fields 7 a.m. – 11 p.m. Daily
Picnic Shelters 7 a.m. – Dusk
(Must be occupied no later than 10 a.m. Facilities are rented “as is”.) The curfew conditions are subject to adjustment for contractual agreements made between the City of Norco and contracted users or as the Director sees appropriate.

Requested application time includes set up and removal of equipment. Note: Hours of use may be extended with approval of the Director.

LIABILITY OF APPLICANT AND RESTRICTIONS
Individuals submitting a rental request and signing the rental agreement must be present at all times during the rental event unless the Director or his Designee determines otherwise. The applicant assumes all responsibility for the conduct of all participants at the scheduled rental. Individuals renting a facility may not transfer the rental date/facility to another person or organization.

A permit holder may not contract or sublet any portion of the rented facility for services not directly related to the objective of the rental, without written permission from the Director. Applicants must provide one form of ID (picture) at time of rental and upon entering the rented facility. Norco residents and local businesses applying for facility use must provide a valid picture I.D. as proof of Norco residency and/or business license.

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DISCLAIMER
Questions or modifications concerning policy and fees must be addressed in writing to the Director of Community Services. The City Manager and the Community Services Director and Facilities and Maintenance Director reserve the right to adjust fees or policy based on the event or activity for the good of the community and to the best interest of the City.

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GEORGE INGALLS EQUESTRIAN EVENT CENTER

ARENA PROVISIONS/REGULATIONS

1. The permit holder shall comply with all local, state, and, federal laws and regulations related to the use of the facility and public gatherings.

2. The permit holder agrees to abide by all applicable local, federal, and state accessibility standards and regulations.

3. The permit holder further agrees that it is solely responsible for reviewing and ensuring compliance with all applicable public health rules, regulations, orders, and/or guidance in effect at the time of the use of the facility including, but not limited to, physical distancing, limits on the size of gatherings, use of appropriate sanitation practices, etc.

4. Use is by permit only.

5. No overnight parking is allowed without permission and a fee may apply.

6. No overnight camping is allowed without permission and a charge will apply.

Overnight security is required when vendors or campers are on the grounds and an additional fee may apply.

7. All food and beverage sales must be approved by the Director or their designee.

Alcohol must be approved by Director. No food will be served out of any entry/sound booth.

8. All vendors must have current City business license, County of Riverside Health Department Permit (food vendors) and resale or sellers permit or exempt status filing from the California Department of Tax and Fee Administration. A vendor fee will be charged for three or more vendors. All Vendors must meet current insurance requirements and list the City of Norco as additional insured with required endorsements.

9. Alcohol consumption is not permitted at any arena or grounds unless authorized.

If alcohol is being served/sold, it must remain on the covered arena level in areas designated by the City or ABC.

10.All horses that stay overnight must be put in a 12’ x 12’ pipe panel corral “stall” or as approved by the City of Norco. City must receive stall request no later than 3 weeks prior to event.

11.City will make arrangements for stall rentals at an additional fee.

12.All stalls are to be cleaned and manure disposed of properly or cleaning fee will be charged.

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13.A barn/stall attendant must be present at all times of stall usage, including overnight use. No overnight tie-ups to trailers or personal portable stalls are allowed.

14.Restroom/showers are available for an additional fee.

15.All manure must be picked up at arena grounds and trailer parking and disposed of properly.

16.All dog, livestock, poultry and equine events must follow City bio security policy.

17.A light charge will apply if arena lights are requested and or deemed necessary by staff for the safety of patron or to recover cost associated for use.

18.Applicant is responsible for keeping all guests/participants in rented areas only.

Guests/participants, horses, horse trailers, dogs, etc., are not allowed in nonrented areas.

19.Animals to be secured in marked designated areas. All dogs must be on a leash according to City Municipal Code 6.12.130

20.An overtime hourly fee (time and a half or double time) for staff shall be charged if the activity continues beyond, or exceeds, the nine-hour rental.

21.The City of Norco will not allow the use of any type of electrical device on any animal at any time. Exception: or as approved and monitored by Animal Control at cost of user.

Hours of Operation:

Arenas 7 a.m. – 10 p.m. Monday –Thursday
6 a.m. – 12 a.m. Friday – Saturday
6 a.m. – 10 p.m. Sunday
Rental of any arena begins at the time of the arena gate opening for the event.

The curfew conditions are subject to adjustment for the contractual agreements as the Director sees appropriate.

Failure to comply with any and all of the aforementioned items or misuse of any facilities, equipment, supplies or disorderliness may result in the user:
a. Being required to vacate the premises immediately
b. Being prohibited from using the building or facility in the future c. Being billed for any or all direct charges resulting from failure to comply The permit holder, at their own expense, must provide additional restroom facilities for large activities.

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BLEACHER FEES
Bleachers will be made available to all users of George Ingalls Equestrian Event Center.

Users will only be charged for the seats reserved. If more seats are needed than were requested, the Department will bill the responsible party for the difference.

For partial use of the bleacher structure, staff will determine the number of bleachers used and the group will be charged appropriately.

Bleacher fees will apply if admission is charged for event including pre-sale tickets.

Bleacher fee will be determined based on a 24” space per seat.

Arena bleachers must be rented before any other bleachers are allowed on the facility.

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PUBLIC BUILDINGS PROVISIONS/REGULATIONS

1. The permit holder shall comply with all local, state, and, federal laws and regulations related to the use of the facility and public gatherings.

2. The permit holder agrees to abide by all applicable local, federal, and state accessibility standards and regulations.

3. The permit holder further agrees that it is solely responsible for reviewing and ensuring compliance with all applicable public health rules, regulations, orders, and/or guidance in effect at the time of the use of the facility including, but not limited to, physical distancing, limits on the size of gatherings, use of appropriate sanitation practices, etc.

4. Use is by permit only.

5. No decorations may be affixed to light fixtures. Decorations may be attached to the tables and walls by painters’ tape or command strips only. No staples, nails or tacks may be used. Weighted helium balloons are also allowed. Decorations must be removed prior to vacating the premises. No table candles allowed inside public buildings, unless they are flameless.

6. Groups must appear no later than 30 minutes after the specified time on the permit or use of the facility will be cancelled and all fees forfeited.

7. Failure to vacate rented City facilities when scheduled or failure to remove equipment within the permitted time may result in loss of future usage, privileges and accrual of charges.

8. Staff will determine if the noise level from patrons, public address systems, band/DJ or other is excessive. If an order to reduce the noise level is not obeyed, the rental event will be terminated, law enforcement summoned to secure the facility and all fees and deposits forfeited.

9. The Department provides a staff member that will be on site for the duration of the rental. Staff will assist the permit holder with all items associated with the building: lighting, supplies, temperature control, removing tables and chairs from storage, emptying the trash and restrooms, etc. The staff member is empowered to terminate the rental and/or contact the authorities if any misuses of facilities, violation of the terms of the rental agreement or other infractions occur.

10.The on-site staff member will conduct a pre-event walk through (facility inspection) to show the permit holder the facility amenities and to discuss any issues. Any existing property damage will be noted at that time. There will be a post-event walk through at the conclusion of the event. Any additional cleaning or new damage will be noted at this time. A checklist will be provided for the inspection. Note: This is the right of the facility permit holder. If the walk through

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does not occur, the permit holder waives the right to dispute any decision made by the Director.

11.Each facility comes with a predetermined number of tables and chairs. If additional equipment is desired, it can be brought in at the permit holder’s expense, and all additional equipment must be removed from the premises directly after the event within an agreed reasonable time.

12.The kitchen portion of the facility, if so equipped, shall not be opened for any group unless the Director or designee grants permission, and the appropriate fees are paid. All groups receiving permission and using kitchen facilities must leave the kitchen in a clean and orderly manner. Groups shall provide their own dishes, place settings, cooking utensils, towels, soap, etc.

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Parks Provisions/Regulations

1. The permit holder shall comply with all local, state, and, federal laws and regulations related to the use of the facility and public gatherings.

2. The permit holder agrees to abide by all applicable local, federal, and state accessibility standards and regulations.

3. The permit holder further agrees that it is solely responsible for reviewing and ensuring compliance with all applicable public health rules, regulations, orders, and/or guidance in effect at the time of the use of the facility including, but not limited to, physical distancing, limits on the size of gatherings, use of appropriate sanitation practices, etc.

4. Use is by permit only.

5. No stakes are to be driven into turf areas unless authorized.

6. Vehicles are not permitted on turf areas of parks unless authorized by a special permit.

7. Alcohol consumption is not permitted in public parks unless authorized.

8. Staff will determine if the noise level from patrons, public address systems, band/DJ or other is excessive. If an order to reduce the noise level is not obeyed, the rental event will be terminated, law enforcement summoned to secure the facility and all fees and deposits forfeited.

9. No fire pits are allowed. BBQs are available in designated areas and are “as is”.

Propane BBQ grills are permitted.

10.Smoking is prohibited in all areas of all public parks and any other areas that may be identified by the Director and posted as a “No Smoking” area. (Ord. 922 Sec. 1, 2010).

11.A light charge will apply if ballfield lights are requested and or deemed necessary by staff for the safety of patrons.

12.Staples are not approved for hanging of decorations in picnic shelters. All remnants of decorations must be taken down and removed from premises or properly disposed of in waste receptacles.

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WAYNE MAKIN/SHEARER SPORTS COMPLEX POLICY

PROVISIONS/REGULATIONS

1. The permit holder shall comply with all local, state, and, federal laws and regulations related to the use of the facility and public gatherings.

2. The permit holder agrees to abide by all applicable local, federal, and state accessibility standards and regulations.

3. The permit holder further agrees that it is solely responsible for reviewing and ensuring compliance with all applicable public health rules, regulations, orders, and/or guidance in effect at the time of the use of the facility including, but not limited to, physical distancing, limits on the size of gatherings, use of appropriate sanitation practices, etc.

4. Use is by permit only. No third-party rentals will be allowed.

5. No stakes are to be driven into turf areas.

6. Vehicles are not permitted on turf areas of parks unless authorized by a special permit.

7. No vendors are permitted in park without prior authorization.

8. No open flames permitted.

9. All damages to facility will be the responsibility of the permit holder.

10.All special events must be pre-approved.

11.A light charge will apply if ballfield lights are requested and or deemed necessary by staff for the safety of patrons.

12.Smoking is prohibited in all areas of all public parks and any other areas that may be identified by the Director and posted as a “No Smoking” area. (Ord. 922 Sec. 1, 2010).

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ROSE M. ELDRIDGE SENIOR CENTER POLICY PROVISIONS/REGULATIONS Facility Rental Hours of Operation:

Monday, Wednesday and Thursday 3pm to 10pm
Tuesday 4pm to 10pm
Friday* 1pm to 10pm
Saturday and Sunday 7am to 10pm
* (Second and fourth Friday of each month not available)

RESERVATION GUIDELINES

1. The permit holder shall comply with all local, state, and, federal laws and regulations related to the use of the facility and public gatherings.

2. The permit holder agrees to abide by all applicable local, federal, and state accessibility standards and regulations.

3. The permit holder further agrees that it is solely responsible for reviewing and ensuring compliance with all applicable public health rules, regulations, orders, and/or guidance in effect at the time of the use of the facility including, but not limited to, physical distancing, limits on the size of gatherings, use of appropriate sanitation practices, etc.

4. Use is by permit only.

5. The permit holder of 18 years of age or older, is responsible for reservation(s) listed on this application and for the conduct of all attendees. No third-party rentals will be allowed.

6. The permit holder designee of 18 years of age or older is to be present during the time of reservation(s)

7. All outside equipment must be approved by the Director prior to the reservation date. Equipment includes but is not limited to: fog machines, dance floors, lights, etc.

8. Overnight storage is not allowed at the Rose M. Eldridge Senior Center.

9. Reservations are NOT confirmed until applicant has received an official Facility Permit and applicant shall not advertise use of the facility until authorization is received.

10.The City has priority on the facility and approval of reservation is subject to cancellation. The City of Norco reserves the right to cancel any reservation.

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11.Hours requested should include all time needed for set-up, including the delivery of supplies, caterers, band. etc. Closing time must include all necessary time to clean up and remove all supplies and equipment.

12.Read and initial the City of Norco/Department rules and policies.

REQUIREMENTS AND PAYMENT INFORMATION

1. Security during the event may be required as deemed necessary by the City, at the full expense of the applicant.

2. A Damage Deposit is required and is refundable if there is no damage to the facility or equipment. If additional staff or service costs are incurred, these costs will be deducted from the Damage Deposit. If the costs exceed the amount of the deposit, then applicant will be billed accordingly. The Damage Deposit refund will be issued to the name and address listed on the original application.

Please allow 4 - 6 weeks for the refund to be received in the mail.

3. A Damage Deposit will be required to hold all reservations. The Damage Deposit shall be due with the Facility Reservation Application at the time of booking.

4. Any time changes to the reservation must be made (1) month prior to the reservation date. All required fees must be paid in full at least one (1) month prior to the reservation date. If reservations are booked less than one (1) month in advance, all required fees are due in full at the time of booking. Reservations will be forfeited if all fees are not received by the given deadline.

5. A non-refundable application/booking per date fee will be charged for each facility use request as well as an Infrastructure Fee per facility per date. A booking fee will be charged per date booked per permit, with a maximum as stated in the Fee Schedule. A fee will be charged per adjustment made to the original filed permit plus any additional applicable fees

6. Changes in scheduled hours or conditions indicated on the original permit must be submitted in writing by the applicant 15 days prior to the rental date.

7. Cancellations for any City facility after the cancellation date will result in the forfeiture of all deposits, application fees, infrastructure fees and booking fees.

8. All facilities deposits and fees shall be forfeited if cancellation is not made at least 15 day prior to the reserved date.

9. A no-show, regardless of any group status, will forfeit all fees and/or incur a charge of direct and indirect costs.

10.No entertainment involving fire or flames

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11.Alcohol consumption is not permitted at the senior center, unless approved by the Director.

12. Kitchen area may be rented for additional fee(s).

SET UP PRIOR TO THE EVENT

1. Staff will open the site at the pre-approved time indicated on the Facility Permit.

Applicant or guests will not be allowed onto the sight prior to that time.

2. The applicant is responsible for a "pre-walk through" of the facility with the staff person on duty, upon arrival at the site. The same individual is responsible for a "post-walk through" of the facility with staff prior to departure.

3. Tables and chairs are included in the rental fee and subject to availability. If additional tables and chairs are needed, the cost associated will be the responsibility of the applicant. Total capacity may not exceed the maximum capacity as determined by the Fire Marshall.

4. All decorations and/or visual aids must be free-standing and may not be nailed, stapled, taped, tacked or in any way adhered to the walls, ceilings or fixtures unless command strips or painters’ tape is utilized.

RESPONSIBILITIES DURING THE EVENT

1. Applicant is required to be present the entire rented time stated on the City of Norco Facility Permit.

2. Youth groups will only be allowed to use the facilities with adequate adult supervision. Reservations will be terminated if supervision is deemed by staff to be inadequate.

3. Alcoholic beverages are not permitted on Senior Center grounds, including buildings, garden and parking lots, unless approved by the Director. Additional conditions and fees will apply.

4. Security service as approved by the City will be required for those activities having music and/or alcoholic beverages unless waived by the Director. Staff will determine time and numbers of security per event. No music or alcohol may be served without the presence of security guards for the duration of the event.

5. Smoking is prohibited in all buildings, senior garden and enclosed areas. State law also prohibits smoking within 20 feet of any door, window, or air intake of any public building.

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6. The maximum number of participants allowed in the facility must be strictly adhered to. The staff on duty will limit additional attendance into the event once that maximum number is reached.

7. The City reserves the right to cancel a function at any time if the participants involved in the function are not conducting themselves in an appropriate and lawful manner and/or damaging any City equipment or property. The applicant is responsible for assisting with supervision and for the actions of those in attendance.

8. Kitchen is designated for food warming only (food warmers) and serving.

9. If applicant is using the kitchen in any manner, they must provide their own supplies.

10.Open flames are not permitted with the exception of approved warming devices.

11. All trash generated in the garden rental must be removed from the garden area.

12. Vehicles are not allowed in the garden area.

CLEAN UP AFTER THE EVENT

1. Facility must be left in the same condition that is presented to the applicant prior to the event.

2. Storage of personal property will not be allowed at the Senior Center.

3. Applicant is responsible to remove all decorations and personal property at the end of the event.

4. All items brought into the facility by the rental applicant and their guests must completely vacate the premises by the pre-approved closing time (not to exceed 10:00 pm) as stated on the Facility Permit.

5. Applicants not vacated by their approved closing time will be charged additional fees.

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NWH - Page 1 Permit Holder Initials______

GEORGE INGALLS EQUESTRIAN EVENT CENTER NELLIE WEAVER HALL

PROVISIONS/REGULATIONS

1. The permit holder shall comply with all local, state, and, federal laws and regulations related to the use of the facility and public gatherings.

2. The permit holder agrees to abide by all applicable local, federal, and state accessibility standards and regulations.

3. The permit holder further agrees that it is solely responsible for reviewing and ensuring compliance with all applicable public health rules, regulations, orders, and/or guidance in effect at the time of the use of the facility including, but not limited to, physical distancing, limits on the size of gatherings, use of appropriate sanitation practices, etc.

4. Use is by permit only.

5. No entertainment involving fire or flames.

6. Sterno (canned heat) is allowed during banquet serving.

7. No decorations may be affixed to light fixtures. Decorations may be attached to the tables and walls by painters’ tape or command strips only. No staples, nails or tacks may be used. Weighted helium balloons are also allowed. Decorations must be removed prior to vacating the premises. No table candles allowed inside public buildings, unless they are flameless.

8. All vendors must have current City business license and County of Riverside Health Department Permit (food vendors).

9. Alcohol consumption is not permitted at Nellie Weaver Hall unless authorized. If alcohol is being served/sold, it must remain inside the building or designated area as approved by the Alcoholic Beverage Control Board and the Director.

10.All groups will use the City assigned contracted security unless otherwise approved by the Director.

11.An overtime hourly fee (time and a half or double time) for staff and security shall be charged where applicable if permitted by Director.

12.No cooking appliances with the exception of beverage units. No hot food or food preparation will be allowed at the Bar Area.

13.It is the responsibility of the applicant to setup tables and chairs for their event.

Setup of tables and chairs by Staff may be requested for an additional fee. It is not required for applicants who pay a cleaning fee to put tables and chairs away.

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NWH - Page 2 Permit Holder Initials______

14.Kitchen area may be rented for additional fee(s).

Cleaning fees will be charged for all groups who rent Nellie Weaver Hall, Kitchen area and Exterior Rest Rooms. Self-cleaning of the facility must be approved by the Director or designee. Additional fees will apply if over the normal cleaning is required.

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Riley Gym – Page 1
Riley Gymnasium Provisions/Regulations
Facility Rental Hours of Operation: 7 a.m. – 11 p.m. Daily

RESERVATION GUIDELINES

1. The permit holder shall comply with all local, state, and, federal laws and regulations related to the use of the facility and public gatherings.

2. The permit holder agrees to abide by all applicable local, federal, and state accessibility standards and regulations.

3. The permit holder further agrees that it is solely responsible for reviewing and ensuring compliance with all applicable public health rules, regulations, orders, and/or guidance in effect at the time of the use of the facility including, but not limited to, physical distancing, limits on the size of gatherings, use of appropriate sanitation practices, etc.

4. No food or drinks are permitted. Water only.

5. Code of Conduct will be adhered to by all attendees.

6. The permit holder of 18 years of age or older, is responsible for reservation(s) listed on this application and for the conduct of all attendees. No third-party rentals will be allowed.

7. The permit holder designee of 18 years of age or older is to be present during the time of reservation(s)

8. Permanent score clocks/tables will be operated by City Staff at the cost to the permit holder, unless authorized. Permit holder is not allowed to pay staff directly for this service.

9. Portable score clocks to be ran by permitee are available for an additional fee.

10.All outside equipment must be approved by the Community Services Department prior to the reservation date. Equipment includes but is not limited to: fog machines, dance floors, lights, etc.

11.Overnight storage is not allowed at Riley Gymnasium.

12.Reservations are NOT confirmed until applicant has received an official executed Facility Permit and applicant shall not advertise use of the facility until authorization is received.

13.The City has priority on the facility and approval of reservation is subject to cancellation. The City of Norco reserves the right to cancel any reservation.

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Permit Holder Initials______
Riley Gym – Page 2

14.Hours requested on permit shall include all time needed for set-up and clean up.

15.A Damage Deposit will be required to hold all reservations. The Damage Deposit shall be due at the time of booking.

16.A non-refundable application/booking per date fee will be charged for each facility use request as well as an Infrastructure Fee per facility per date. A booking fee will be charged per date booked per permit, with a maximum as stated in the Fee Schedule. A fee will be charged per adjustment made to the original filed permit plus any additional applicable fees

17.Reservations will be forfeited if all fees are not received by the given deadline

18.Changes in scheduled hours or conditions indicated on the original permit must be submitted in writing by the applicant 15 days prior to the rental date.

19.All facilities deposits and fees shall be forfeited if cancellation is not made at least 15 day prior to the reserved date.

20.A no-show, regardless of any group status, will forfeit all fees and/or incur a charge of direct and indirect costs.

21.No entertainment involving fire or flames.

22.Alcohol consumption is not permitted at Riley Gymnasium, unless approved by Director.

SET UP PRIOR TO THE RENTAL

1. Staff will open the site at the pre-approved time indicated on the Facility Permit.

Applicant or guests will not be allowed onto the sight prior to that time.

2. The applicant is responsible for a "pre-walk through" of the facility with the staff person on duty, upon arrival at the site. The same individual is responsible for a "post-walk through" of the facility with staff prior to departure.

3. Total capacity may not exceed the maximum capacity as determined by the Fire Marshall.

4. Where applicable, all decorations and/or visual aids must be free-standing and may not be nailed, stapled, taped, tacked or in any way adhered to the walls, ceilings or fixtures unless command strips or painters’ tape is utilized.

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Permit Holder Initials______
Riley Gym – Page 2

RESPONSIBILITIES DURING THE RENTAL

1. Applicant is required to be present the entire rented time stated on the City of Norco Facility Permit.

2. Youth groups will only be allowed to use the facilities with adequate adult supervision. Reservations will be terminated if supervision is deemed by staff to be inadequate.

3. Alcoholic beverages are not permitted, unless approved by Director.

4. Smoking is prohibited in all buildings. State law also prohibits smoking within 20 feet of any door, window, or air intake of any public building.

5. The maximum number of participants allowed in the facility must be strictly adhered to. The staff on duty will limit additional attendance into the event once that maximum number is reached.

6. The City reserves the right to cancel a function at any time if the participants involved in the function are not conducting themselves in an appropriate and lawful manner and/or damaging any City equipment or property. The applicant is responsible for assisting with supervision and for the actions of those in attendance.

7. Open flames are not permitted.

CLEAN UP AFTER THE EVENT

1. Facility must be left in the same condition that is presented to the applicant prior to the event.

2. Storage of personal property will not be allowed at Riley Gymnasium.

3. Applicant is responsible to remove all decorations and personal property at the end of the rental.

4. All items brought into the facility by the rental applicant and their guests must completely vacate the premises by the pre-approved closing time (not to exceed 11:00 pm) as stated on the Facility Permit.

5. Applicants not vacated by their approved closing time will be charged additional fees.

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The Norco Rural Farmers and Artisans Market is a weekly community market that supplies the community of Norco and surrounding areas with locally grown produce, food, rural arts and crafts, entertainment and an opportunity to gather, mingle and celebrate our unique rural city and its agricultural heritage.

The Market takes place on Thursday evenings from 5:00-8:30 PM.

Please read and initial the following guidelines and expectations, as it will be your responsibility to exemplify and uphold the integrity of our Farmers & Artisans Market:

1. Vendors may begin setting up at 3:00 PM, must be set up and ready to sell by 4:45 PM and must stay for the entire length of the Market. (Vendor Initials)

2. You will be assigned a permanentspot which will be your booth location for the duration of your participation in the market. (Vendor Initials)

3. Vendors are allowed 1 absence every 3 months. Vendors missing more than one market in a 12-week period will have their participation (Vendor Initials) terminated/reevaluated.

4. Vendors are required to make a 4 week commitment (Including Payment in Advance), and will be assigned a permanent location within the (Vendor Initials) market—renewable on a monthly basis.

5. The Market manager must be notified of absences at least 72 hoursin advance (NOTE: There are no refundsfor vendor market feesif unable to (Vendor Initials) attend).

6. The market has 5 distinct areas and vendor booths must adhere to selling only what is allowed in that section (Farmers, Arts and Crafts, Cottage (Vendor Initials) Foods, Animals/ranch and Community Groups).

7. Vendors may purchase and sell from boothsin more than one area but must fill out individual applicationsfor each booth and must pay separate (Vendor Initials) feesfor each booth space.

8. Vendors will be solely responsible and liable for any injury, illness, issue, etc. resulting from the purchase, use, ingestion, etc. of productssold or (Vendor Initials) distributed through their market booth.

9. It is also agreed that by signing this application you agree to hold Five Keys Schools and Programs, the Ecological Agriculture Training Cultural (Vendor Initials) Center, and any other parties or people associated with the above free of liability and to hold them harmless in any issue, concern or dispute. Vendor agrees to indemnify, save, hold harmless, and at City's request, defend the City, its officers, agents, and employees from any and all costs and expenses (including attorney and legal fees), damages, liabilities, claims, and losses occurring or resulting to the City in connection with the performance, or failure to perform, by Vendor, its officers, agents, sub-contractors, employees, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable under this Agreement, and from any and all costs and expenses (including attorney and legal fees), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of Vendor, its officers, agents, or employees under this Agreement arising out of the event described, except for the willful and or sole negligence of the city. The duty to defend and the duty to indemnify are separate and distinct obligations. These obligations shall survive the completion or termination of this agreement.

10. By signing this application, you agree to this contract and to meet the legal obligations associated with it including (Vendor Initials) all licenses, permits and certifications.

Application / Agreement continued on next page
APPLICATION & VENDOR AGREEMENT I NORCO RURAL FARMERS & ARTISANS MARKET 1

BUSINESS NAME

CONTACT PERSON

CONTACT PHONE APPLICATION & VENDOR AGREEMENT

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FARMERS
 Farmers are required to have a Norco Business License

MARKET VENDOR FEES I MONTHLY
 Farmers: $40
 Crafters & Artisans: $60
 Food Vendors: Processed or Prepared: $100
 Please submit a copy of your Business License as part of this application o The City of Norco offers a free Farmers Market Business License  Farmers are required to have a valid Certified Producers Certificate (CPC# )  Please submit a Copy of your CPC
 Proof of Workers Comp Insurance will be required for vendors who have paid employees working at the market

ARTISANS I CRAFTERS & ARTISTS
 Crafters & Artists must sell products that are created/manufactured by the vendor themselves  Crafters & Artists are required to have a Norco Business License and/or Sellers Permit  Please submit a copy of your Business License and/or Resale License as part of this application o The City of Norco offers a free Farmers Market Business License  Proof of Workers Comp Insurance will be required for vendors who have paid employees working at the market FOOD VENDORS I PROCESSED or PREPARED
 Food Vendors are required to have a Norco Business License  Please submit a copy of your Business License and Sellers Permit as part of this application o The City of Norco offers a free Farmers Market Business License  If you are selling food, you are required to have a Health Department Permit or Cottage Food License  Please submit a copy of your Health Department Permit / Food License  Proof of Workers Comp Insurance will be required for vendors who have paid employees working at the market Name
Business Name / DBA
Phone ( ) -
Email
Address
Social Media / Website WWW.

For what length of time do you intend to participate in the Norco Rural Farmers & Artisans Market?  Permanent beginning 2022 4 Weeks beginning
Signature Date . .

APPLICATION & VENDOR AGREEMENT I NORCO RURAL FARMERS & ARTISANS MARKET 2

APPLICATION & VENDOR AGREEMENT

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C
o
m
p
l
e
t
e
Veteran
or
NonProfit
Food Retail
Service
NonProfit
Product
Demo Vendor Name Type of Product Contact info
App
Rec
Paid in
Full
Ins Rec &
Approved
Resale or
sellers
license
(must have
Norco
Address)
Vendor
received
fire dept
guidelines
Vendor
received/
returned
Operators
Guide
Size of
booth Contact notes
VENDOR SPREADSHEET: Norco Rural Farmers and Artisans Market Date:

FOOD

NON FOOD

Page 1 ends
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PLANNING DEPARTMENT
CONDITIONS FOR EAT CULTURAL CENTER’S

RURAL FARMERS AND ARTISANS MARKET
REQUEST: A request for approval to allow a Farmers Market event located in the parking lot of 3954 Old Hamner Road. The event will occupy parking stalls on the south side of the existing building. The event is scheduled for every Thursday evening from 5:00 p.m. to 8:30 p.m.

APPLICANT/PROPERTY OWNER:

Ecological Agriculture Training (EAT)
3954 Old Hamner Avenue
Norco CA 92860
LOCATION: 3954 Old Hamner Avenue (Parking Lot of former Norco Library and American Legion)
DATE OF EVENT: Every Thursday evening from 5:00 p.m. to 8:30 p.m.

ACTION: The City has granted approval for the request subject to the following conditions:

1. Approval is based on the site plan submitted (that shows boundaries of the event) dated June 22, 2021 and incorporated herein by reference and on file with the Planning Division. The event shall occur as shown unless otherwise noted in these conditions.

2. The applicant and/or recorded owner of the property shall submit to the Planning Division for record purposes, written evidence of agreement with all conditions of this approval before said permit shall become effective.

3. The event shall be in compliance with all City of Norco Municipal Codes, Ordinances and Resolutions.

4. No expansion of the event beyond the scope and nature described in this application, which would tend to increase the event, shall not be permitted except upon application for, and approval of, modification of this application in compliance with all procedures and requirements therefor.

5. This special event shall be valid only for the date and times specified above.

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6. The applicant shall coordinate with the Planning Division the location of the any signs associated with this event. The applicant must have property owners permission to install signs

7. The public right-of-way must remain clear at all times.

8. Driveway entrances/exits, fire lanes and on-site drive-aisles shall remain clear and unobstructed at all times.

9. The Farmer’s Market area as indicated on the site plan shall be taped or coned off to ensure the safety of event participants.

10. Only the area indicated on the site plan included in this application shall be used for the event. No other parking areas shall be used. All handicap American with Disability Act (ADA) accessible parking stalls and the drive aisle to them must remain open and accessible.

11. Parking for this special event shall be on-site only.

12. All ADA accessibility paths of travel shall remain clear and unobstructed.

13. No alcohol is allowed for this event.

14. The applicant shall obtain clearance from the Riverside County Department of Health for food sales.

15. The applicant shall ensure that each vendor obtains a no-fee City of Norco Business License. The Business License Division can be contacted at (951) 270-5679 or https://norco.hdlgov.com

16. The applicant is responsible for full clean-up of the entire event area and all parking lots/areas following the special event.

17. The applicant shall provide temporary trash bins throughout the site to ensure that the trash from the event does not end up in the public right-of-way.

18. If electrical power is needed, power cords shall not be run across or along any required exit paths or ADA accessible pathways, and the cords shall be covered and shall be installed so as not to present tripping hazards.

19. All temporary electrical shall be installed per the California Building Code.

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20. Canopies that are open on all sides, shall be no larger than 10’ x 10’, and can be placed next to each other, but not more than seven canopies (total of maximum of 700 square feet combined) can be grouped together or placed next to each other. A minimum of 10 feet shall be provided between every seven canopies.

21. Canopies not open on all sides, shall be no larger than 10’ x 10’, and can be placed next to each other, but not more than four canopies (total of maximum of 400 square feet combined) can be grouped together or placed next to each other. A minimum of 10 feet shall be provided between every four canopies

22. The applicant shall maintain an emergency egress plan consistent with the Building Department’s standards.

23. All entrances and exits, to and from the event, and primary exit pathways shall remain unobstructed.

24. The applicant shall maintain a forty-eight inch egress width at all points.

25. Noise levels from the event shall be kept at a level that does not disturb adjacent and surrounding properties and their uses.

26. The applicant’s representative(s) and other personnel associated with the event must be present throughout the entire event to ensure a proper and safe event.

27. The applicant shall ensure the entire event and its participants have the necessary insurance (i.e. Liability Insurance) for the event, and shall insure everyone is fully protected in case of an accident.

28. Entertainment shall be considered on a case by case basis, however regular re-occurring entertainment may be subject to approval of an Entertainment Permit by the City Council.

Fire Department Conditions:

Please refer to Fire Department conditions.

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AFFIDAVIT OF ACCEPTANCE
PROJECT: Swap Meet/Farmers Market (EAT)
Applicant(s): ________________________ and
_________________________
As the applicant(s) of record for the subject property for the above project, I (we) have read and accept all conditions of approval.

I (we) understand that written evidence of agreement with all conditions of this approval is required before said permit shall become effective. _____________________________
_____________________________
(Signature) (Date)
_____________________________
_____________________________
(Signature) (Date)

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City Council

STAFF REPORT
Date: August 17, 2022 Agenda Item:

5.A.

To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:

Ordinance 1085 (City of Norco) Second Reading: A City-Initiated proposal to amend Norco Municipal Code Chapter 18.30 "General Provision Miscellaneous", to add Section

18.30.48 "Residential Lighting Standards". Zone Code Amendment 2022-04 RECOMMENDATION:

Adopt Ordinance 1085, Second Reading, to amend Norco Municipal Code (NMC) Title 18 "Zoning", amending Chapter 18.30 "General Provision Miscellaneous" to add Section

18.30.48 "Residential Lighting Standards". Zone Code Amendment (ZCA) 2022-04.

SUMMARY:

The first reading of Ordinance No. 1085 was held on August 3, 2022, and was adopted by the City Council.

BACKGROUND:

FISCAL IMPACT:

No fiscal impact.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Strategic Plan Direction No. 3 - Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director

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Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):

Ordinance 1085

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ORDINANCE 1085

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, AMENDING NORCO MUNICIPAL CODE CHAPTER 18.30 “GENERAL PROVISIONS MISCELLANEOUS”, TO ADD SECTION 18.30.48 “RESIDENTIAL LIGHTING STANDARDS”, ESTABLISHING RESIDENTIAL LIGHTING STANDARDS FOR ALL RESIDENTIAL ZONES. ZONE CODE AMENDMENT 2022-04
WHEREAS, the City of Norco, California, initiated Zone Code Amendment 2022-04, a proposal to add Section18.30.48 to Norco Municipal Code Title 18 (Zoning Code), Chapter

18.30 relating to residential lighting standards; and
WHEREAS, the Zone Code Amendment was duly submitted to said City’s Planning Commission for decision at a public hearing for which proper notice was given; and WHEREAS, the Zone Code Amendment was scheduled for public hearing on June 8, 2022 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, said public hearing for Zone Code Amendment 2022-04 was not opened and the item was not discussed, but continued to the meeting of July 13, 2022; and WHEREAS, at the time set, the Planning Commission held a public hearing and received both oral and written testimony pertaining to the Zone Code Amendment; and WHEREAS, the Planning Commission adopted Resolution No. 2022-16 recommending that the City Council adopt the Zone Code Amendment; and WHEREAS, the Zone Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which proper notice was given; and WHEREAS, the Zone Code Amendment was scheduled for public hearing on August 3, 2022 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to the Zone Code Amendment; and WHEREAS, the City of Norco acting as the Lead Agency has determined in accordance with California Environmental Quality Act (CEQA) and the City of Norco Environmental Guidelines Section 3.13 that project is exempt from the California Environmental Quality Act.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORCO, CALIFORNIA, does hereby determine, order and approve as follows:

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Ordinance 1085 - Zone Code Amendment 2022-04

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August 17, 2022
A. The proposed Zone Code Amendment would provide development standards and requirements for residential lighting to limit outdoor light pollution and light trespass onto adjacent properties in order to preserve the nighttime environment for residents, animals and wildlife in rural residential zones. These standards will also provide regulations which limit the pollution and trespass of modern, high efficiency lighting sources, such as LED, that emit a large lumen output which was once limited to high voltage sources; and
B. The adoption of the proposed ordinance adding a new Section 18.30.48, “Residential Lighting Standards”, to Norco Municipal Code Title 18, is exempt from review under the California Environmental Quality Act (CEQA) as it is not considered a project under Public Resources Code Section 21065 and CEQA Guidelines Section 15378 because this Ordinance will not result in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

SECTION 1: FINDINGS.

18.30.48 Residential Lighting Standards
(1) Purpose and Intent. To limit outdoor light pollution and light trespass onto adjacent properties in order to preserve the nighttime environment for residents, animals and wildlife in rural residential zones. To provide regulations which limit the pollution and trespass of modern, high efficiency lighting sources, such as LED, that emit a large lumen output which was once limited to high voltage sources.
(2) Applicability. This ordinance applies to:
(a) New private (property) residential outdoor lighting mounted on freestanding poles; other than street lights. This ordinance does not apply to commercial and industrial facilities, as more restrictive lighting regulations for those uses already exists, on a case- by-case basis via a project resolution, the California Energy Code etc.; (b) Line voltage high output (greater than 2000 Lumens) lighting replacements, upgrades/modifications or additions to outdoor lighting. Exception: This ordinance does not apply to low voltage landscape lighting or solar powered stand-alone devices;
(c) Building mounted lighting.
(3) Definitions.
(a) Decorative Lighting: Lighting meant to provide accent decoration and not installed for the purpose of viewing or utility. Decorative lighting is generally low voltage and exempt from requiring a permit.
(b) Fully Shielded Lighting: A lighting fixture constructed with a shield or shields that do not allow lighting to project above a horizontal plane below the lowest point of the fixture from which light is emitted.
(c) Landscape Lighting: Low lumen output (less than 100 lumens) accent lighting meant to enhance or highlight landscaping features for the purpose of decoration.

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Ordinance 1085 - Zone Code Amendment 2022-04

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August 17, 2022
(d) Light Emitting Diode: (LED), a type of lighting which uses no filament bulb or gas for illumination.
(e) Low Voltage Lighting: Lighting operated by a transformer whose wiring and power supply conducts 36V (volts) or less of electrical supply. (f) Lumens: A measure of light output from the International System of Units that is equal to the amount of light emitted per second from a uniform source of one candle in a solid angle.
(g) Luminaire: A complete lighting unit consisting of a lamp, housing and ballast. A complete lighting unit.
(h) Lighting Shield: A fully opaque surface obstruction meant to shield, limit or direct light.
(i) Lighting Trespass: Lighting lumens that project or flood over property lines or are visible from a great distance beyond the property from which they are emitting. (j) Pole (freestanding) Height Measurement: The dimension in feet from the natural grade to the extreme top of the light fixture.
(4) Permits Required and Planning Division Review. Building permits are required for line voltage lighting per the California Building Code for the structures (i.e. freestanding pole) if applicable and the lighting. In addition to a building permit being required for electrical installation, structural calculations are also required for poles and stand-alone light supporting structures greater than 12 feet in height (the structures themselves and the lighting). Planning Division approval will be required for outdoor lighting through the building permit process for compliance of this Chapter. Along with the application for a building permit, a photometric plan/analysis of the proposed lighting on the property shall be provided to show exact amount of light in outdoor areas of the property. Lighting trespass over property lines will not be permitted in any instance and must be measurable at 0 (zero) candle feet on the neighboring side of all property lines. Submittal of photometric plan can be waived at the discretion of the Planning Director or designee, should it be demonstrated (though the use of appropriate light shielding) that there is no light spill onto adjacent properties.

Exemptions: Temporary lighting installed for the purposes of construction or emergency repair of a facility. Lighting temporarily installed for a specific event or purpose that has been approved under another use or authorization.
(5) Shielding. All lighting units shall require light shielding to prevent it from being seen at a distance and to keep the light from bleeding onto adjacent properties.

Lighting installed on free-standing poles shall be fully shielded lighting so that it cannot be observed at a distance. Such shielding will be designed to limit the angle of the light projection to direct light only onto approved areas.
(6) Height. Outdoor lighting installed on a building or on a freestanding pole shall be limited to a total height of 18 feet above finish grade (pole and base) and any lighting proposed to be mounted higher than 18 feet above grade will require a variance from the City Planning Commission prior to installation.

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Ordinance 1085 - Zone Code Amendment 2022-04

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August 17, 2022
(7) Setbacks. Lighting greater than 12 feet in height shall not be installed within 5 feet of a property line. Lighting over 12 feet shall be setback from property lines a minimum distance of 1/2 of its height above grade.
(8) Nuisance. Any modification or addition to exterior lighting on a building or property which creates a distinguishable nuisance for adjoining properties or public ways can be considered to be in violation of this ordinance. Any festoon lighting hung on common property like property line fences or walls can be considered to be a public nuisance under this ordinance or if this lighting visibly bleeds over property lines. (9) Violation. Any property owner who constructs, alters or adds on to lighting in violation of the requirements of this section and allowing light pollution to leave their property will be subject to penalties as described in the Norco Municipal Code including administrative citation and legal action. Any property owner who constructs or installs pole lighting without a building permit will also be considered in violation of the California Building Code section (CBC) 114.1 and will be subject to the penalties as described in the CBC and under State and municipal law. Notices of violation shall be delivered by hand or regular mail.

SECTION 2. EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.

SECTION 3. SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance, and each section, subsection, sentence, clause, sentences, clauses, or phrases here of irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.

SECTION 4. POSTING: The Mayor shall sign this Ordinance and the City clerk shall attest hereto and shall cause the same within 15 days of its passage to be posted at no less than five public places within the City of Norco.

PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held August 17, 2022.
______________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

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Ordinance 1085 - Zone Code Amendment 2022-04

Page 5 ends

August 17, 2022
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on August 3, 2022, and thereafter at a regular meeting of said City Council duly held on August 17, 2022, it was duly passed and adopted by the following roll call vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on August 17, 2022.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

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City Council

STAFF REPORT
Date: August 17, 2022 Agenda Item:

6.A.

To: Honorable Mayor and City Council Members
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:

Kathy Azevedo Spirit of Norco Monument Construction Design and Cost Estimate Update RECOMMENDATION:

Provide Direction on continuing with ADA Design, Funding, and establish a SubCommittee for the Kathy Azevedo Spirit of Norco Monument.

SUMMARY:

On September 7, 2019, the City of Norco broke ground on the Kathy Azevedo Spirit of Norco Monument at the Veterans Memorial Plaza. The Monument will honor the legacy and contributions of the Norco High School graduate, former Norco Mayor, and Horsetown USA advocate. The Monument will overlook the Veterans Memorial Plaza and include space to add the names of others who have worked to preserve Norco’s spirit and culture. The overall design concept is an octagonal structure with granite panels to showcase names and pictures of the Spirit Award Recipients.

BACKGROUND:

On May 25, 2021, the City of Norco approved a professional services agreement with BMLA, Inc. for landscape architectural services to prepare construction drawings for the Kathy Azevedo Spirit of Norco Monument at George Ingalls Equestrian Event Center in the amount of $15,700. The scope of work for the contract included the preparation of plans, details, and specifications for the Monument's construction documents. The plans and specifications for this portion of the project are complete ("Exhibit A").

As BMLA, Inc. was designing the Memorial portion of the project, the designers noticed significant ADA challenges with the location of the new monument. BMLA provided a professional services proposal ("Exhibit B") to prepare construction drawings for ADA parking, ADA path of travel to the monument, walkway lighting, and landscape for the monument. The construction documents will incorporate the completed design of the

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monument along with added ADA compliance design and landscape plans to complete the bid documents.

Proposed Cost Breakdown of Monument Project:

The total amount of the project without the construction of ADA/Landscape Improvements is $261,341. The ADA Improvements and landscaping are estimated at $100,000 to $150,000.

In Fiscal Year 2021-2022, the Kathy Azevedo Spirit of Norco Monument was approved as a Capital Improvement Program (CIP) Project in the amount of $100,000. Cost for this

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project are currently estimated at $411,341. At this time, staff is requesting direction from the City Council on additional funding for the project, award of an additional design contract with BMLA Inc., and the use of a sub-committee for design and cost control measures.

FISCAL IMPACT:

The Kathy Azevedo Spirit of Norco Monument was approved as a Capital Improvement Program (CIP) Project for Fiscal Year 2022-2023. The total funds available for this project are $84,300 from Account No. 140.910.43150.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Strategic Direction No. 5. Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):

Exhibit A
Exhibit B
Exhibit C

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CONTACT: ANDY OKORO DRAWING SCALE: DESIGNED BY: CHECKED BY: DRAWN BY: BM DATE PREPARED: SHEET DESCRIPTION PROJECT DESCRIPTION NTS PREPARED FOR: CITY OF NORCO SSCB 2870 CLARK AVE. T: 951.270.5617 [email protected] 3. 4. 5. PROJECT TRACKING 2. DATE 1. 6. BEFORE DAYS BEFORE UNDERGROUND SERVICE ALERT 1-800-422-4133 Sheet of A PUBLIC SERVICE BY TOLL FREE YOU DIG YOU DIG DIAL TWO WORKING NOTICE: PROGRESS PRINTS These documents are progress copies and are subject to change, due to plan check comments by the presiding jurisdiction, client requests, or in house review by the Landscape Architect, therefore, the use of these documents for bidding or construction is not authorized and the Landscape Architect accepts no responsibility for the use of these documents for those purposes. BMLA PROJECT NO. 11010521 NORCO, CA 92860 DATE: 5/16/2022
34DELTA REVISIONS2 DATE BY1CITY MANAGER 12 KATHY AZEVEDO SPIRIT OF NORCO MONUMENT ONSITE PLANS TITLE 1LT-1 KATHY AZEVEDO 3737 CRESTVIEW DRIVE, NORCO, CA CONTACT: ANDY OKORO PHONE: 951.270.5617 N.T.S. SPIRIT OF NORCO MONUMENT VICINITY MAP SIXTH ST 15

LA SIERRA AVE AVE

ARLINGTON

CALIFORNIA AVE
CREST DR 68TH STFOURTH ST
VIEW SITE AREA MAP PROPOSED KATHY AZEVEDO SPIRIT OF NORCO MONUMENT LOCATION GEORGE INGALLS EQUESTRIAN EVENT CENTER GEORGE A. INGALLS VETERANS MEMORIAL PLAZA GATE 6 PARKING LOT MORENO ARENA CLARK ARENA WARM UP ARENA PROJECT LIMITS HARDSCAPE, PLANTING AND IRRIGATION *
DATE: 5/26/2022

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CONTACT: ANDY OKORO DRAWING SCALE: DESIGNED BY: CHECKED BY: DRAWN BY: BM DATE PREPARED: SHEET DESCRIPTION PROJECT DESCRIPTION NTS PREPARED FOR: CITY OF NORCO SSCB 2870 CLARK AVE. T: 951.270.5617 [email protected] 3. 4. 5. PROJECT TRACKING 2. DATE 1. 6. BEFORE DAYS BEFORE UNDERGROUND SERVICE ALERT 1-800-422-4133 Sheet of A PUBLIC SERVICE BY TOLL FREE YOU DIG YOU DIG DIAL TWO WORKING NOTICE: PROGRESS PRINTS These documents are progress copies and are subject to change, due to plan check comments by the presiding jurisdiction, client requests, or in house review by the Landscape Architect, therefore, the use of these documents for bidding or construction is not authorized and the Landscape Architect accepts no responsibility for the use of these documents for those purposes. BMLA PROJECT NO. 11010521 NORCO, CA 92860 DATE: 5/16/2022
34DELTA REVISIONS2 DATE BY1CITY MANAGER5/16/2022 12 KATHY AZEVEDO SPIRIT OF NORCO MONUMENT ONSITE PLANS

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2 IRRIGATION CONSTRUCTION NOTES: 1. The contractor shall notify the Landscape Architect and the City Inspectors a minimum of 48 hours prior to starting construction. 2. The design is diagrammatic only. All piping, valves, backflow preventors, wiring, etc. shown within paved areas are for design clarification only, and shall be installed in planter areas where ever possible. 3. Do not willfully install the irrigation system as shown on these drawings when it is obvious in the field that obstructions, grade differences or differences in area dimensions exist that might not have been considered in the engineering. Such obstructions or differences shall be brought to the attention of the City's authorized representative. In the event this notification is not performed in writing, the contractor shall assume full responsibility for any revisions necessary. 4. It is the responsibility of the contractor to familiarize themselves with all grade differences, locations of fixtures, utilities, signs, posts, poles, walls and paving. The contractor shall repair or replace all items damaged by their work. They shall coordinate their work with other contractors (if any) for the location and installation of pipe sleeves and laterals through walls , under roadways and under paving, etc. 5. All irrigation equipment shall be installed as per manufacturer's recommendations and specifications. Refer to specifications for additional information. 6. All lateral, mainline piping and control wires under paving shall be installed in separate sleeves.Mainline sleeve size shall be a minimum of twice (2x) the outside diameter of the pipe to be sleeved. Control wire sleeves shall be of sufficient size for the required number of wires under paving. Refer to plan. 7. All sleeves under roadways shall be schedule 80 (new). Existing sleeves shall remain in place, if extensions are required the pipe shall be sch. 80. Lateral line sleeves under paving shall be schedule 40. All sleeves shall be P.V.C. or as noted on plans. 8. Pipe sizes shall conform to those shown on on the plans and details. No substitutions of smaller pipe sizes shall be permitted, but substitutions of larger sizes may be approved. All damaged and rejected pipe shall be removed from the site at the time of said rejection. 9. The contractor shall make the final connection from the electrical source to the controller. 10. ADV (anti-drain valve) units as shown in the details are for typical installation only, and may not be required on all heads. Prior to installation the contractor shall verify with the on site grades. If there is an elevation difference of 24" or more between the highest head and lowest head on a system, the ADV's shall be installed per the detail. 11. All sprinkler heads shall be set perpendicular to finish grade unless otherwise specified. 12. The contractor shall flush and adjust all sprinkler heads and valves for optimum coverage, eliminating over spray onto walks, streets, walls, etc. 13. Pop-up spray heads shall be installed in all turf areas and landscape areas adjacent to walks and drives. Install pop-ups to the height specified in the irrigation legend and details. 14. The irrigation system shall be fully automatic. Control valves shall be installed per details. 15. When vertical obstructions (fire hydrants, street lights, trees, etc.) interfere with the spray pattern of the sprinkler heads so as to prevent proper coverage, the contractor shall field adjust the sprinkler system by installing a quarter circle or half circle sprinkler head on each side of the obstruction so as to provide proper coverage. All adjustments shall be made at no additional cost to the owner. 16. Mainline, valves, irrigation meters, etc., are shown on the street and/or sidewalk for clarification only. Install in planter area throughout the site. 17. Adjust all sprinklers for 100% coverage. 18. After establishment of all plant material, controllers shall be programmed to irrigate solely during early morning. 19. The contractor shall adjust the schedule to meet site specific requirements and use the baseline schedule to set the weather based controller. The schedule currently in effect shall be posted in the controller. 20. No low head drainage allowed. 21. The controller shall be operational and set to real-time weather prior to the completion of the 90-day maintenance period of the installing contractor. 22. All shrub head located at base of slope, adjacent to walks, drives and turf shall be installed on 6" or 12" pop-up bodies, all others can be shrub heads installed on 12" fixed risers. LANDSCAPE CONSTRUCTION NOTES: 1. The contractor must notify the Landscape Architect, (951) 737-1124, 48 hours prior to starting construction. 2. The contractor shall be responsible for obtaining building permits prior to commencing construction. 3. The contractor shall notify the architect if discrepancies exist between existing site conditions and plans. 4. All construction shall meet or exceed City standards and guidelines. 5. The contractor shall take great care to protect existing site amenities during the process of construction. Items not specifically identified for protection shall be protected in place. 6. The design shown is diagrammatic, the contractor shall review the site conditions prior to bidding. SOILS NOTES 1. All soil next to curbs and sidewalks shall be graded at one inch to two inches below the finished surface. 2. A post grading agronomic soils analysis is required. Contractor shall amend the soil in accordance with the recommendations of the report. 3. Soil amendments shall be added to all planting areas with gradients 2:1 and less in accordance with post grading soil analysis recommendations. ROOT BARRIER NOTES 1. Root panels and linear barriers are required for all trees planted within a parkway or within 8-foot of any walking or driveable surface in accordance with the Landscape and Irrigation Standards Plans and Specifications. SHRUB NOTES 1. Shrubs are kept a minimum of three feet from the doors of the electrical unit or as specified by the utility agency. SLOPE NOTES 1. Slopes shall be landscaped with appropriate planting for immediate erosion control. Jute netting is also allowed to be used on commercial/industrial slopes with the approval of the Community Development Director. 2. The owner of any excavated or filled property, or any other person or agent in possession or control of such property, shall maintain all slopes, retaining walls, cribbing, drainage structures and other protective devices. HOLD HARMLESS & INDEMNIFICATION CLAUSE Contractor agrees that they shall assume sole responsibility for job site conditions during the course of construction of this project , including safety of all persons and property, that this requirement shall apply continuously and not be limited to normal working hours, and hold the county and the landscape architect harmless from any and all liability real or alleged, in connection with the performance of work on this project, excepting for liability arising from the sole negligence of the owner, or the landscape architect. CERTIFICATION FOR WATER CONSERVING LANDSCAPES I hereby certify as the landscape architect/other licensed professional of record that the information provided herein meets the minimum standards as outlined in the Corona Municipal Code Section 17.70 and the adopted design guidelines for the development of this project. ______________________________________ Date: _____________ SIGNATURE AFFIDAVIT OF MAINTENANCE RESPONSIBILITY The development and/or landscape contractor agrees to guarantee and maintain all landscape areas for a minimum of 90 days after completed installation and to guarantee on-site trees for a period no less than six (6) months and street trees for a period of one year. Landscape areas shall be maintained in original condition as approved on the landscape plans even after the Certificate of Occupancy is issued. FINAL LANDSCAPE INSPECTION Upon field inspection the following must be in place and available for inspection: 1. A Landscape Certification form filled out and signed by the Landscape Architect of record. 2. A post grading soil analysis and soil amendment in place as recommended by the report. 3. Complete irrigation system installed per plan, details, specifications and notes. 4. Complete planting installed per plan, details, specifications, and notes. 5. Approved Building Department plans to confirm that all planting areas on-site have been improved. 6. Landscape Contractor to provide an irrigation audit as required by the City of Norco GENERAL NOTES DRAWING SHEET INDEX CITY OF NORCO PLANNING DEPARTMENT __________________________________ CITY PLANNER __________________________________ DATE · DEDICATED LANDSCAPE WATER METER
Y___
N___
· RECYCLED WATER
Y___
N___ IF YES, SEE SHEET _____ STATIC PRESSURE BASED ON THE HYDRANT FLOW TEST REPORT OBTAINED FROM SOCAL FLOW TESTING ON xx/xx/xx MAXIMUM DEMAND: X APPROX. STATIC PRESSURE: X IRRIGATION INFORMATION WATER SUPPLY TYPE: X CITY OF NORCO SIGNATURE BLOCK: WATER METER INFORMATION LEGAL DESCRIPTION XX 5/16/2022 BP BOTTOM OF PILASTER BF BOTTOM OF FENCE WI WROUGHT IRON TW TOP OF WALL TOP OF FENCE TOP OF RAIL TFTR BW BOTTOM OF WALL FSG FINISHED SUB-GRADE TYP SFSTL SECT SCHED POC POB ODOCNTS NGLFFSFTFG EADGCLBMADJ APPROX AGGR TYPICAL SQUARE FOOT OR FEET STEEL SECTION SCHEDULE POINT OF CONNECTION POINT OF BEGINNING OUTSIDE DIAMETER ON CENTER NOT TO SCALE NATURAL GRADE LINEAR FOOT OR FEET FINISH SURFACE FOOT OR FEET FINISH GRADE EACH DECOMPOSED GRANITE CENTERLINE BENCHMARK ADJUSTABLE APPROXIMATELY AGGREGATE RAD RADIUS FOW FACE OF WALL ROW RIGHT OF WAY PA PLANTER AREA GB GRADE BREAK RP REFERENCE POINT AD AREA DRAIN ASPH ASPHALT ARCH ARCHITECTURAL CLR CLEAR CLKG CBBOT BLK BLDG CAULKING CATCH BASIN BOTTOM BLOCK BUILDING DIM DIA DET DFCTR CONT CONSTR CONC DIMENSION DIAMETER DETAIL DRINKING FOUNTAIN CENTER CONTINUOUS CONSTRUCTION CONCRETE COL COLUMN EJ DWG DSDRDN EXPANSION JOINT DRAWING DOWNSPOUT DOOR DOWN EXP EXST EQELEC EL EXPANSION EXISTING EQUAL ELECTRICAL ELEVATION EXPO EXPOSED FL FLOOR GND GROUND FTG FOOTING FIN FINISH HB HOSE BIBB HGT HEIGHT ID INSIDE DIAMETER JT JOINT HORIZ HORIZONTAL MH MANHOLE MFR MET MEMB MCMAX MANUFACTURER METAL MEMBRANE MECHANICAL MAXIMUM

RPTPRCST OPP NONIC

NMISC RISER POINT PRE-CAST OPENING NUMBER NOT IN CONTACT NORTH MISCELLANEOUS MIN MINIMUM RWD REQ REINF REF RD REDWOOD REQUIRED REINFORCED REFERENCE ROOF DRAIN SST SQSPEC SHT S STAINLESS STEEL SQUARE SPECIFICATION SHEET SOUTH STA STATION THK THICK TCTRD SYS STRL STD TOP OF CURB TREAD SYMMETRICAL STRUCTURAL STANDARD W/O WD W/ WVERT UON UNF TP WITHOUT WOOD WITH WEST VERTICAL UNFINISHED TOP OF PAVEMENT TOC TOP OF CONCRETE WT WP WEIGHT WATERPROOF DETAIL REFERENCE ALIGN REVISION SHEET NUMBER XXX

XXX SHEET NUMBER
X ABBREVIATIONS SYMBOLS DETAIL SECTION REFERENCE SECTION CALLOUT LANDSCAPE & IRRIGATION NOTES UNLESS OTHERWISE NOTED NOTES LT-2 Sheet List Table Sheet Number Sheet Description Sheet Title 1 TITLE LT-1
2 NOTES LT-2
3 HARDSCAPE PLAN LH-1
4 HARDSCAPE DETAILS LHD-1
5 HARDSCAPE DETAILS LHD-2
6 HARDSCAPE DETAILS LHD-3
7 IRRIGATION LEGEND LIL8 IRRIGATION PLAN LI-19 IRRIGATION DETAILS LID-1 10 IRRIGATION DETAILS LID-2 11 PLANTING PLAN LP-1 12 PLANTING DETAILS LPD-1 DATE: 5/26/2022

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CONTACT: ANDY OKORO DRAWING SCALE: DESIGNED BY: CHECKED BY: DRAWN BY: BM DATE PREPARED: SHEET DESCRIPTION PROJECT DESCRIPTION NORTH PREPARED FOR: 0' 20' 40' 60' 1"=20'-0" CITY OF NORCO SSCB 2870 CLARK AVE. T: 951.270.5617 [email protected] 3. 4. 5. PROJECT TRACKING 2. DATE 1. 6. BEFORE DAYS BEFORE UNDERGROUND SERVICE ALERT 1-800-422-4133 Sheet of A PUBLIC SERVICE BY TOLL FREE YOU DIG YOU DIG DIAL TWO WORKING NOTICE: PROGRESS PRINTS These documents are progress copies and are subject to change, due to plan check comments by the presiding jurisdiction, client requests, or in house review by the Landscape Architect, therefore, the use of these documents for bidding or construction is not authorized and the Landscape Architect accepts no responsibility for the use of these documents for those purposes. BMLA PROJECT NO. 11010521 NORCO, CA 92860 DATE: 5/26/2022
34DELTA REVISIONS2 DATE BY1CITY MANAGER5/26/2022 12 KATHY AZEVEDO SPIRIT OF NORCO MONUMENT ONSITE PLANS

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3 LEGEND ARENA BUILDING ARENA GATE 6 BEYOND (EXISTING) EXISTING PARKING AREA HARDSCAPE PLAN LH-1 STORM DRAIN LINE AND INLET TO BE RELOCATED IN FUTURE FUTURE MEMORIAL FUTURE ADJUSTED ARENA PERIMETER FUTURE PROPOSED ADA PARKING AREA PAPA

TOP OF SLOPE
6'-0"
10'-0"
6'-0" FUTURE DECOMPOSED GRANITE PATH PER 04/LHD-1 SPIRIT OF NORCO MONUMENT DATE: 5/26/2022

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CONTACT: ANDY OKORO
DRAWING SCALE:

DESIGNED BY:

CHECKED BY:

DRAWN BY:

BM
DATE PREPARED:

SHEET DESCRIPTION

PROJECT DESCRIPTION
NTS
PREPARED FOR:

CITY OF NORCO
SS
CB
2870 CLARK AVE.

T: 951.270.5617
[email protected]

3. 4.

5. PROJECT TRACKING

2. DATE

1. 6.

BEFORE DAYS BEFORE

UNDERGROUND SERVICE ALERT
1-800-422-4133
Sheet of

A PUBLIC SERVICE BY

TOLL FREE

YOU DIG YOU DIG

DIAL TWO WORKING
NOTICE: PROGRESS PRINTS
These documents are progress copies and are subject to change, due to plan check comments by the presiding jurisdiction, client requests, or in house review by the Landscape Architect, therefore, the use of these documents for bidding or construction is not authorized and the Landscape Architect accepts no responsibility for the use of these documents for those purposes.

BMLA PROJECT NO.
11010521
NORCO, CA 92860 DATE: 5/16/2022
3 4

DELTA REVISIONS
2 DATE BY
1 CITY MANAGER
5/16/2022
12 KATHY AZEVEDO

SPIRIT OF NORCO MONUMENT

ONSITE PLANS
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SIGNATURE
9/30/23
EXP. DATE
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DATE
4 HARDSCAPE DETAILS
LHD-1

MONUMENT FOUNDATION AND SLAB
1/4" = 1'-0"

SECTION A-A
PLAN
A A
SLOPE AT 1%
LEGEND
33'
30'-4"
4'
135° TYP. ALL
7'-6"
8'-2"
8'-2" 7'-6"
7'-6"
7'-6" 9'-2"
9'-2"
9'-2"
7'-6" 14'
14' HP
SLOPE AT 1%
1 1
2 2 PODIUM WALL, PER DETAIL XXX
2 3
3 3

IMAGES DOME MONUMENT
6"
1 2500 PSI P.C.C. FOUNDATION
14'
1'
1 CONCRETE PAVING DETAIL
1 1/2" = 1'-0"
3 SEE LEGEND 2"
6"
3" VARIES
5 4
2 6
7 1
CONCRETE PAVING PER HARDSCAPE SCHEDULE. 4" THICK IN
PEDESTRIAN AREAS, 6" THICK IN VEHICULAR AREAS
1 2 1/2" RADIUS AT PAVING EDGE
3 #3 REBAR @ 18" O.C. BOTH DIRECTIONS
4 90% COMPACTED SUBGRADE
5 1" FOR TURF AREAS, 3" FOR SHRUB AREAS WITH 3" OF BARK MULCH 6 2" TYPICAL, 6" ADJACENT PAVERS
7 DEEPENED FOOTING AT ALL OUTSIDE EDGES
2 CONCRETE JOINT DETAIL
1 1/2" = 1'-0"
A. CONTROL JOINT B. EXPANSION JOINT @ WALL
1 2
3 4 6 5
6 1/8" 3/4" DEEP

TOOLED JOINT
9" 9"
1/2" X 3" POLYFELT EXPANSION
JOINT (TYP.) - NAIL INTO PLACE
1 SELF-LEVELING ELASTOMERIC

SEALANT
2 3 3/4" BACKER ROD
4 1/2" RADIUS
#4 REBAR DOWEL @ 24" O.C.,

WRAP ONE END WITH PARAFFIN
PAPER
5 CONCRETE, 2000 PSI @28 DAYS
P.C.C.
6 NOTE:

1. CONCRETE DEPTH PER
PLAN.
3 LEGEND:

1. STEEL EDGING, REFER TO LEGEND FOR MANUFACTURER

AND MODEL

2. FINISHED GRADE

3. NATIVE GRADE OR CERTIFIED COMPACTED FILL

4. STAKE PER MANUFACTURER @ 5 STAKES PER 16' SECTION
TO BE INSTALLED 1/2" BELOW TOP EDGE. INSTALL END

STAKE ADAPTERS AT ALL START AND STOP POINTS

5. COMPACTED SUBGRADE

6. DECOMPOSED GRANITE COMPACTED TO 4" THICK MIN.

COLOR & SIZE PER PLAN
NOTE:

CONTRACTOR TO ADJUST EDGING AS NECESSARY AT

ELEVATION CHANGES AND OTHER ON-SITE CONDITIONS TO

MAINTAIN A SMOOTH AND CONTINUOUS INSTALLATION
1 2
3 4
5 6

STEEL EDGING
NTS
4 DATE: 5/26/2022

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CONTACT: ANDY OKORO DRAWING SCALE: DESIGNED BY: CHECKED BY: DRAWN BY: BM DATE PREPARED: SHEET DESCRIPTION PROJECT DESCRIPTION NTS PREPARED FOR: CITY OF NORCO SSCB 2870 CLARK AVE. T: 951.270.5617 [email protected] 3. 4. 5. PROJECT TRACKING 2. DATE 1. 6. BEFORE DAYS BEFORE UNDERGROUND SERVICE ALERT 1-800-422-4133 Sheet of A PUBLIC SERVICE BY TOLL FREE YOU DIG YOU DIG DIAL TWO WORKING NOTICE: PROGRESS PRINTS These documents are progress copies and are subject to change, due to plan check comments by the presiding jurisdiction, client requests, or in house review by the Landscape Architect, therefore, the use of these documents for bidding or construction is not authorized and the Landscape Architect accepts no responsibility for the use of these documents for those purposes. BMLA PROJECT NO. 11010521 NORCO, CA 92860 DATE: 5/16/2022
34DELTA REVISIONS2 DATE BY1CITY MANAGER5/16/2022 12 KATHY AZEVEDO SPIRIT OF NORCO MONUMENT ONSITE PLANS

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5 HARDSCAPE DETAILS LHD-2 GRANITE ATTACHMENT PLACEHOLDERS STEEL FRAME ATTACHMENTS 3" = 1'-0" TOP/BACK SECTION TOP / 45° FACE SECTION 912 ELASTOMERIC GROUT JOINT ENLARGEMENT BACK/SIDE SECTION CENTER POST & BRACE SECTION FRONT / 45° FACE SECTION BACK / BOTTOM SECTION CENTER POST & BOTTOM SECTION FRONT / BOTTOM SECTION STEEL FRAME TO CONCRETE ATTACHMENT- CONDITION 1 STEEL FRAME TO CONCRETE ATTACHMENT- CONDITION 2 A
B
C
D
E
F
G
H I J 15
1 1
1 1
2 2
2 2
3 3
3 3
3 3
4 4
4 4
4 4
5 5
5 5
5 5
5 5
5 5
6 6
7 7
8 8 10 10 1011 11 11 14 14 14 14 14 16 1613 13 GRANITE PANEL - ATTACH TO CEMENT BACKER BOARD W/ APPROPRIATE HANGERS. REFER TO MATERIALS CHART. 1 2 1/2" MORTAR LEVELING BED. REFER TO SPECIFICATIONS.3 1/2" CEMENT BACKER BOARD. SCREW TO TUBE STEEL FRAME AT CORNERS AND 16" O.C.4 STEEL STUDS FOR BACKER BOARD SUPPORT. SCREW TO TUBE STEEL FRAME 2X2 TUBE STEEL FRAME, WELD & GRIND SMOOTH. PAINT W/ 2 COATS OF EPOXY PRIMER AT THE SHOP PRIOR TO DELIVERY TO THE SITE. TOUCH UP AS NECESSARY W/ SAME PRIMER ONCE INSTALLED.5 2X2 STEEL POSTS W/ TAB FLANGES FOR MOUNTING TO CONCRETE DECK W/ ANCHOR BOLTS. ALL POSTS TYPICAL (24 TOTAL)67 ELASTOMERIC GROUT JOINT W/ FOAM FILL & BACKER ROD SIZE TO FIT (1/4" ±) 8 DRIP SCREED SCREWED TO BACKER BOARD AND 2X2 STEEL FRAME9 STEEL FLASHING SCREW TO CEMENT BACKER BOARD 10 WIRE LATH. SCREW TO CEMENT BACKER BOARD 11 STUCCO FINISH W/ SCRATCH/BROWN FINISH. 7/8" THICK TOTAL 12 4" GALVANIZED NON PERFORATED STEEL STUD. SCREW TO 2X2 STEEL TUBE FRAME AT 16" O.C. 13 1/2" ANCHOR BOLT W/ EXPANSION SHIELD AND FLAT WASHER 14 FOUNDATION, REFER TO DETAIL XX/XXX 15 ELASTOMERIC CAULK, COLOR TO MATCH GRANITE 16 4X4X1/4" STEEL FLANGE. WELD TO 2X2 STEEL BOTTOM SILLS 1 PODIUM WALL: INTERIOR STRUCTURE 1/4" = 1'-0" 5' PLAN 8'-10 3 4
" 8'-10
3 4
" 12'-0
1 4
" 10'-6
3 4 10'-6 " 3
4 " 15'-4" 4' 10'-6
3 4 10'-6 15'-4" " 3
4 " 8'-10
3 4
" 8'-10
3 4 12'-0 " 1
4 " 5' 2' 3' INTERIOR EXTERIOR SECTION A-A
A
A EXTERIOR ELEVATION EXTERIOR ELEVATION DETAIL 01-A/C/F DETAIL 01-A/C/F DETAIL 01-B/D/G DETAIL 01-B/D/G DETAIL 01-E/H DETAIL 01-A/C/F DETAIL 01-A/C/F DETAIL 01-B/D/G DETAIL 01-B/D/G DETAIL 01-E/H DETAIL 01-E/H STUCCO ON EXTERIOR, TYP. GRANITE CLADDING ON INTERIOR, BEVEL, TOP AND ENDS. SEE 01/LHD-3 EXTERIOR INTERIOR DETAIL 01-A DETAIL 01-C DETAIL 01-B DETAIL 01-D DETAIL 01-H DETAIL 01-E DETAIL 01-G DETAIL 01-F 2 DOME: INTERIOR STRUCTURE 1/4" = 1'-0" 3'-3
3 4
"5'-9
1 2 14' " 135° 14' 8' 4' 1' 45° 3' 3'
1 1 DETAIL 01-B DETAIL 01-E DETAIL 01-H
2 3 8'
4 GRANITE PANEL. ATTACH TO CEMENT BACKER BOARD W/ APPROPRIATE HANGERS. REFER TO MATERIALS CHART. SEE XXX 1 STEEL STUDS FOR BACK BOARD SUPPORT. SCREW TO TUBE STEEL FRAME.2 2X2 TUBE STEEL FRAME, WELD & GRIND SMOOTH. PAINT W/ 2 COATS OF EPOXY PRIMER AT THE SHOP PRIOR TO DELIVERY TO THE SITE. TOUCH UP AS NECESSARY W/ SAME PRIMER ONCE INSTALLED.3 2X2 STEEL POSTS W/ TAB FLANGES FOR MOUNTING TO CONCRETE DECK W/ ANCHOR BOLTS. ALL POSTS TYPICAL (17 TOTAL). SEE 01-I/J, AS APPLICABLE.4 3 DATE: 5/26/2022

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CONTACT: ANDY OKORO DRAWING SCALE: DESIGNED BY: CHECKED BY: DRAWN BY: BM DATE PREPARED: SHEET DESCRIPTION PROJECT DESCRIPTION NTS PREPARED FOR: CITY OF NORCO SSCB 2870 CLARK AVE. T: 951.270.5617 [email protected] 3. 4. 5. PROJECT TRACKING 2. DATE 1. 6. BEFORE DAYS BEFORE UNDERGROUND SERVICE ALERT 1-800-422-4133 Sheet of A PUBLIC SERVICE BY TOLL FREE YOU DIG YOU DIG DIAL TWO WORKING NOTICE: PROGRESS PRINTS These documents are progress copies and are subject to change, due to plan check comments by the presiding jurisdiction, client requests, or in house review by the Landscape Architect, therefore, the use of these documents for bidding or construction is not authorized and the Landscape Architect accepts no responsibility for the use of these documents for those purposes. BMLA PROJECT NO. 11010521 NORCO, CA 92860 DATE: 5/16/2022
34DELTA REVISIONS2 DATE BY1CITY MANAGER5/16/2022 12 KATHY AZEVEDO SPIRIT OF NORCO MONUMENT ONSITE PLANS

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C 3' TYP PLAN NTS 4" 4" 4" 4" 4" 4" 4" NOTE: CONTRACTOR TO SUPPLY FIELD-MEASURED SHOP DRAWINGS AFTER COMPLETION OF WALL BASE FOR LANDSCAPE ARCHITECT'S REVIEW AND APPROVAL PRIOR TO FABRICATION 1 1/2" = 1'-0" INSCRIB TEXT HER INSCRIBE TEXT HE 1" 3 4 " 4" 2' TYP
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3 PANEL, TYP. NOTE: CONTRACTOR TO SUPPLY FIELD-MEASURED SHOP DRAWINGS AFTER COMPLETION OF FOUNDATION AND STEEL FRAME FOR LANDSCAPE ARCHITECT'S REVIEW AND APPROVAL PRIOR TO FABRICATION CL EQ.
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1 MONUMENT, PER DETAIL XX2 GRANITE PANEL, PER XX PORCELAIN ENAMEL- COATED STEEL PANEL, PER CITY OF NORCO3 EQ. EQ EQ 3 2
4 DATE: 5/26/2022

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April 21, 2022
City of Norco
2870 Clark Ave.

Norco, CA 92860
Amanda Hamilton
Director of Facilities and Maintenance
The following is a proposal to provide professional landscape architectural services for the preparation of construction drawings for the ADA parking, ADA path of travel, Walk way lighting and landscape for the Spirit of Norco Monument at Ingalls Park. This work is in addition to the construction drawings for the monument plaza. The construction documents will be prepared in accordance with the design illustrated on the project signage and information provided by the city. See attached Illustration.

PROJECT TEAM Landscape Architect- Team Leader
BMLA, INC.
310 N. Joy Street
Corona, Ca. 92879
Contact: Baxter Miller, Landscape Architect PLA 2136
Civil Engineer
Armstrong & Brooks Consulting Engineers
1350 E. Chase Dr.

Corona, CA 92881
Contact: Dennis Armstrong, P.E., Principal
Electrical Engineer
JCA Engineering Inc.
8048 Palm Ave.

Highland, CA 92346
Contact: James Corns

SCOPE OF WORK
Upon the delivery of a signed copy of this proposal or other contract forms with this scope and conditions attached as an exhibit, the LANDSCAPE ARCHITECT and his staff shall proceed with the following scope.

LANDSCAPE ARCHITECT SCOPE OF WORK
A. DESIGN DEVELOPMENT
Based on the goals, objectives and directions given by the client and his team, BMLA will pursue the following tasks and activities. Depending on the nature and scale of the project there will be design cycles and approvals.

1.1 Conceptual Site Design: BMLA will prepare preliminary conceptual design plans for the Memorial parking, walk and landscape. The plans will include the layout, type, size and quantity of plant material as well as the layout type and quality of hardscape elements to include paving,

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garden walls and decorative features as necessary. The plans will be prepared at 10 scale for detailed landscape improvements. Deliverables: PDF digital images of the final plans and exhibits for reproduction by the CLIENT for submittal.

1.2 Preliminary Opinion of Probable Construction Costs: BMLA will prepare an opinion of the likely construction costs for the proposed improvements illustrated in the final design solution.

B. CONSTRUCTION DOCUMENTS
BMLA will prepare the following plans, details, specifications for the following scope of work. The documents will be prepared to meet the minimum standards of the approving jurisdiction having control over the project in accordance with the state and local standards, codes and regulations.

1.1 Hardscape Layout Plans: BMLA will prepare detailed layout plans, details, notes and specifications that illustrate and specify the location, type and quantity of the proposed hardscape elements, such as but not limited to paved ADA parking area, sidewalks, pathways and directional signage required by the city.

1.2 Site Furnishing Plans: BMLA will prepare plans that illustrate the location, size, quantity and manufacture of the proposed site furnishings, which may include Monument and other signage and benches, etc.

1.3 Irrigation Plans: BMLA will prepare the necessary irrigation plans, details, call outs and specifications to water the proposed planted areas with full coverage. The plans will include the location, type, size and manufacture of the proposed equipment and material necessary to construct the proposed system. The plans will also include the required notes and calculations necessary to demonstrate the engineering suitability of the proposed system.

1.4 Planting Plans: BMLA will prepare plans that illustrate the location, size, quantity, and type of the proposed plant material as required to conform with the approved conceptual design plans, notes and recommendations. The plans may include but are not limited to trees, shrubs, ground covers, mulches and vines.

1.5 Preliminary Opinion of Probable Construction Costs: BMLA will prepare an opinion of the likely construction costs for the proposed improvements illustrated in the final design solution.

1.6 Coordination Meetings: BMLA will be available to attend telephonic/web design coordination conferences with the CLIENT and his consultants for the purposes of receiving input and providing direction to the team. We have allotted 6 hours for this activity. Time in addition to this amount will be billed at the prevailing hourly rate chart attached to this proposal.

C. CONSTRUCTION ASSISTANCE:

1.1 Scheduled Meetings with the City Staff: BMLA is available to meet with the city staff to review the status of the project construction. These meetings may be regularly schedule meetings at the job trailer or the client’s office. The BMLA team has allotted for 3 bi-weekly meetings at 1 hours a piece. Time in addition to this amount will be billed at the prevailing hourly rate chart attached to this proposal.

1.2 Pre construction Meeting: BMLA and the project team will be available to attend one project prebid meeting at the project site to answer inquiries regarding the plans and specifications for the project. The client/city will be responsible for calling, holding and managing the meeting.

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1.3 Requests for Information and clarification: The BMLA project team will prepare respondence’s to inquiries made by the contractors regarding the plans, details and technical specifications. during bidding as well as construction process. The response will be delivered to the CLIENT for distribution to the necessary parties.

1.4 Site Observation: The BMLA project team will be available to review the status of the project progress and the compliance to the plans and specifications for the project. It must be noted that this task is not to be considered an inspection for the purposes of obtaining final approval.

1.5 Submittals: The BMLA project team will review submittals and shop drawings provided by the project contractor for their conformance to the plans and specifications prepared by the project team.

1.6 As-Built Plans: The BMLA project team will review as-built plans prepared by the Contractor. The team will review for completeness and clarity. The contractor will be responsible for the accuracy of the information provided.

1.7 Project Close-out: BMLA will attend the pre-maintenance and final walk thru and will prepare a punch list of outstanding items to be completed prior to project approval.

CIVIL ENGINEER’S SCOPE OF WORK
A. DESIGN DEVELOPMENT

1.0 Field Topographic Survey
• Establish horizontal & vertical control tied to City of Norco or County of Riverside Bench System and 1988 North American Vertical Datum (NAVD88) • Perform field topographic survey to identify horizontal & vertical location of existing improvements at join locations
• Compile field topographic survey

2.0 Base Map
• Research and review existing survey maps, improvement plans and technical reports, if any
• Prepare Base Map to identify record boundary and location of existing infrastructure improvements
• Compile Base Map & Topographic Survey
• Convert digital site plan to A&B digital format
• Excludes review of title report and grant deed documents & utility notifications

3.0 Conceptual Grading & Drainage Plan
• Prepare a Conceptual Grading Plan for the ADA Path of Travel as well as the proposed ADA Parking and the ADA compliant path from roadway to the Spirit of Norco monument.
• Plan to identify proposed top & toe of slopes, drainage patterns, spot elevations, gradients and cross sections

4.0 Project Team/Agency Coordination
• Meetings and coordination with Client and project consultant team

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• Meetings and coordination with the City of Norco
• Preparation and Processing of Submittal Packages, including digital transfers B. CONSTRUCTION DOCUMENTS

1.0 Precise Grading & Drainage Plan
• Prepare and process a precise grading & drainage plan to City of Norco standards, plans to include a viewport for demolition and an ADA compliant path of travel from the lower parking lot to the proposed monument location. • Prepare and Process Erosion Control Plans
• Prepare technical specifications and engineer’s cost estimate for bidding purposes,

2.0 Project Team/Agency Coordination
• Meetings and coord. with client, sub-consultants and design team to prepare and process the improvement plans through the City of Norco • Meetings and coord. with the City of Norco to prepare and process the improvement plans for approval and permit issuance
• Processing of Engineer’s Estimates & Bid Schedule
• Preparation and Processing of Submittal Packages, including digital transfers C. CONSTRUCTION ASSISTANCE:

1.0 Bid Support and Project Coordination
• Preparation of Bid Addenda as needed
• Meetings and coordination with project team (BMLA, City of Norco, sub-consultants, staff, etc.) to prepare and process requests for clarification/information pertaining to Bid
• Preparation and processing of submittal packages

2.0 Construction Support
• Review and approval of applicable contractor submittals • Preparation and processing of response to RFI’s
• Review of contract change order requests and subsequent recommendations for approval
• Preparation and processing of submittal packages
• Incidental Expenses (plotting, printing, courier services, digital transfers, etc.)

3.0 Project Team Coordination
• Meetings and coordination with project team (BMLA, City of Norco, sub-consultants, • staff, etc.) to prepare and process response to Contractor Submittals, RFI’s, • Change Order Requests, etc.
• Punch List (Site Visit, Written Punch List Summary)
• Preparation and processing of submittal packages

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ELECTRICAL ENGINEER’S SCOPE OF WORK
A. PROJECT INITIATION
Provide site visit to investigate and document existing conditions.

B. CONSTRUCTION DRAWINGS

1. Design replacement of existing metered pedestal with new pedestal.

2. Design of power distribution from site metered service to each new light fixture, including electrical controls and all equipment connections.

3. Design of new security walkway lighting to meet all building codes presently adopted by the authority having jurisdiction.

4. Provide structural pole base calculations for walkway pole base (two calculations total)

5. Provide outdoor Title 24 calculations for walkways.

6. Provide photometric illumination plans for walkways.

7. Provide revisions necessary as a part of Building Department review; submit construction documents for bid issue and construction.

8. Respond to requests for information

9. Prepare any addenda as necessary.

10. Review all shop drawings relating to the electrical work for compliance with the construction documents.

SCHEDULE
This schedule is null and void after sixty (60) days without a signature. After the sixty day period, BMLA will review the proposal and adjust and necessary figures.

Contract execution time frame: Upon the prompt execution of this contract and the delivery of the necessary base documents, BMLA, Inc. shall proceed with the above stated scope of work. The estimated time to complete each scope of work is estimated as follows. The precise delivery date of each scope will be based on the CITY’s notice to proceed and the receipt of required information.

A. Design Development 10 Work Days
B. Construction Documents 30 Work Days

FEE SCHEDULE
1 The following fee amounts are considered to be lump sum estimates based on the proposed scope of work:

Design Development $ 12,848
Construction Documents $ 26,949
Construction assistance $ 11,124
Reimbursable $ 1,400
$ 52,321
2 Auto travel shall be charged at the current allowable IRS mileage rate.

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3 Expenses, such as reproduction of drawings, costs of postage, and delivery shall be billed at cost as a reimbursable expense.
4 BMLA, as stated above, shall bill any work additional to the scope of work in accordance to the Hourly Billing Rate Chart below.
5 Hourly Billing Rate Chart

Principal & VP of Operations $ 200.00
Director of Production $ 175.00
Senior Project Manager $ 150.00
Project Manager $ 125.00
Landscape Designer 2 $ 100.00
Landscape Designer 1 $ 85.00
Clerical $ 45.00

EXCLUSIONS
The following services are not a part of this proposed scope of work:
• Bidding
• Plan Processing
• Inspections
• Permit fees
• Structural Soils Engineering
• Agronomic soils tests and reports
• Structural engineering and calculations
• Building architecture
• Wet and Dry Utilities
• Off-Site improvements
• Environmental Studies

CONDITIONS
1 The CITY shall provide all necessary information and documents in the form of surveys, planning reports and drawings as necessary for the LANDSCAPE ARCHITECT to proceed. Plans and reports shall be delivered in a usable electronic form.
2 LANDSCAPE ARCHITECT shall maintain regular contact with the CITY and their consultants in the interest of coordinating information. 3 Engineering fees, Governmental permits and fees, agronomy reports, are not included in the LANDSCAPE ARCHITECT'S fee proposal. Costs for these services shall be billed at cost upon request.

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4 If the CITY finds it necessary to abandon the project, the LANDSCAPE ARCHITECT shall be compensated for all work completed under the SCOPE OF LANDSCAPE ARCHITECTURAL SERVICES according to the schedule of payments designated under the FEE SCHEDULE.
5 Additional Services: When requested by the CITY, additional services shall be invoiced monthly on the same prevailing hourly rate basis or on an approved fixed fee established when the additional services are authorized. 6 Changes requested by the CITY after work has commenced shall be made in writing.

The cost for changes is not included in the stated fee for service and will be invoiced monthly at the prevailing hourly rates as a separate expense. 7 Termination: Either party may terminate upon seven (7) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other. The CITY may, within fifteen (15) days written notice, terminate at will. In the event of termination due to the fault of others than the LANDSCAPE ARCHITECT or his consultants or Engineers, or in the event of termination by the CITY without cause, the LANDSCAPE ARCHITECT shall be paid his compensation for services performed to the termination date, including reimbursable expenses then due. Percentages of completion to termination are subject to the CITY’s approval; such approval shall not be unreasonably withheld.
8 Neither party shall assign or transfer its respective interest herein to a third party without the written consent of the other.
9 CITY and LANDSCAPE ARCHITECT agree to mediate claims or disputes arising out of or relating to this Agreement before initiating litigation. The mediation shall be conducted by a mediation service acceptable to the parties. A party shall make a demand for mediation within a reasonable time after a claim or dispute arises, and the parties agree to mediate in good faith. In no event shall any demand for mediation is made after such claim or dispute would be barred by applicable law. Mediation fees shall be shared equally.
10 This Agreement is governed by the law of LANDSCAPE ARCHITECT’s principal place of business.
11 This Agreement is the entire and integrated agreement between CITY and LANDSCAPE ARCHITECT and supersedes all prior negotiations, statements or agreements, either written or oral. The parties may amend this Agreement only by a written instrument signed by both CITY and LANDSCAPE ARCHITECT. 12 In the event that any term or provision of this Agreement is found to be unenforceable or invalid for any reason, the remainder of this Agreement shall continue in full force and effect, and the parties agree that any unenforceable or invalid term or provision shall be amended to the minimum extent required to make such term or provision enforceable and valid.

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13 Neither CITY nor LANDSCAPE ARCHITECT shall assign this Agreement without the written consent of the other.
14 Irrespective of any other term in this Agreement, LANDSCAPE ARCHITECT shall not control or be responsible for construction means, methods, techniques, schedules, sequences or procedures; or for construction safety or any other related programs; or for other parties’ errors or omissions or for another parties’ failure to complete their work or services in accordance with LANDSCAPE ARCHITECT’s documents. 15 CITY agrees to indemnify, defend and hold LANDSCAPE ARCHITECT harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and all legal expenses and fees incurred through appeal, and all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities on account of any damages or losses to property or persons, including injuries or death, or economic losses, arising out of the Project and/or this Agreement, except that the LANDSCAPE ARCHITECT shall not be entitled to be indemnified to the extent such damages or losses are found by a court or forum of competent jurisdiction to be caused by LANDSCAPE ARCHITECT's negligent errors or omissions.
16 Should any legal proceeding be commenced between the parties to this Agreement seeking to enforce any of its provisions, including, but not limited to, fee provisions, the prevailing party in such proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorneys' and expert witnesses' fees, which shall be determined by the court or forum in such a proceeding or in a separate action brought for that purpose. For purposes of this provision, "prevailing party" shall include a party that dismisses an action for recovery hereunder in exchange for payment of the sum allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding. 17 CITY and LANDSCAPE ARCHITECT waive consequential damages for any claims, disputes or other matters in question arising out of or relating to this Agreement.

LANDSCAPE ARCHITECT’s waiver of consequential damages, however, is contingent upon the CITY requiring contractor and its subcontractors to waive all consequential damages against LANDSCAPE ARCHITECT for claims, disputes or other matters in question arising out of or relating to the Project. 18 To the extent damages are covered by property insurance during construction, CITY and LANDSCAPE ARCHITECT waive all rights against each other and against the contractors, consultants, agents and employees of the other for such damages. CITY or LANDSCAPE ARCHITECT, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties described in this paragraph.
19 Upon the parties signing this Agreement, LANDSCAPE ARCHITECT grants CITY a nonexclusive license to use LANDSCAPE ARCHITECT’s documents as described in this Agreement, provided CITY performs in accordance with the terms of this Agreement. No other license is implied or granted under this Agreement. All

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instruments of professional service prepared by LANDSCAPE ARCHITECT, including but not limited to, drawings and specifications, are the property of LANDSCAPE ARCHITECT. These documents shall not be reused on other projects without LANDSCAPE ARCHITECT's written permission. LANDSCAPE ARCHITECT retains all rights, including copyrights, in its documents. CITY or others cannot use LANDSCAPE ARCHITECT's documents to complete this Project with others unless LANDSCAPE ARCHITECT is found to have materially breached this Agreement.

20 CITY acknowledges and agrees that proper Project maintenance is required after the Project is complete. A lack of or improper maintenance in areas such as, but not limited to, irrigation repairs, adjustment and scheduling may result in damage to property or persons. CITY further acknowledges and agrees that, as between the parties to this Agreement, CITY is solely responsible for the results of any lack of or improper maintenance.
21 CITY understands and acknowledges that the design and construction process for this Project poses certain risks to both LANDSCAPE ARCHITECT and CITY. CITY further understands and acknowledges that the amount of risk that LANDSCAPE ARCHITECT can accept is tied, in part, to the amount of compensation received for services rendered. LANDSCAPE ARCHITECT's fee for the services offered is based on CITY's agreement to limit LANDSCAPE ARCHITECT's liability as described below.

CITY further acknowledges that were it not for this promise to limit LANDSCAPE ARCHITECT's liability, LANDSCAPE ARCHITECT's compensation would need to increase to address the risks posed by this Project.
22 LANDSCAPE ARCHITECTS ARE REGULATED BY THE BOARD OF LANDSCAPE ARCHITECTS. ANY QUESTIONS CONCERNING A LANDSCAPE ARCHITECT MAY BE REFERRED TO THE BOARD AT: State of California Department of Consumer Affairs, Landscape Architects Technical Committee, 2420 Del Paso Road, Suite105, Sacramento, CA 95834 (916) 575-7230.

Upon acceptance of this Proposal, please sign and return one signed copy of this agreement.

Respectfully submitted,

BMLA, INC
Signature of Approval Date

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Sperit of Norco Memorial Preliminary Budget Estimate Prepared by bmla 2/2/2022
BID ITEM #
GEN. CONDITIONS QUANTITY UNIT COST TOTAL ITEM DESCRIPTION l.s. 10,000 $ Temporary facilities
allowance 3,000 $ Temporary Construction Fencing
allowance 20,000 $ Grading
l.s. 10,000 $ Mobilization
Sub-total 43,000 $
improvements QUANTITY UNIT COST TOTAL ITEM DESCRIPTION
860 s.f. 12 $ 10,320 $ Concrete Plaza
Allowance 125,000 $ Granite Monument
Allowance 15,000 $ Image and text prep and installation Sub-total 150,320 $
Total 193,320 $
Contengency 20% $ 38,664.0
Budget estimate total 231,984.0 $
5/26/2022 1

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City Council

STAFF REPORT
Date: August 17, 2022 Agenda Item:

6.B.

To: Honorable Mayor and City Council Members
Prepared By: Alma Robles, Planning Director
Department: Planning
SUBJECT:

Ordinance 1086, Urgency Ordinance: Establishing a 45-day Moratorium on the Submittal and/or Approval of new Applications for Construction of Industrial and Warehouse Buildings.

RECOMMENDATION:

Adopt Ordinance 1086, Urgency Ordinance, to enact a 45-day moratorium on the submittal and/or approval of new applications for the construction of industrial and warehouse buildings within the City of Norco.

SUMMARY:

The attached Urgency Ordinance will enact a temporary moratorium prohibiting consideration and/or approval of new land use entitlement applications for industrial and warehouse buildings. The ordinance will be effective upon adoption of the Urgency Ordinance for forty-five (45) days while the City addresses issues relating to this specific land use.

BACKGROUND:

At its regular meeting of August 3, 2022, the City Council discussed enacting a moratorium/interim ordinance prohibiting new industrial/warehouse buildings in the City.

At this meeting, staff was directed by the City Council to prepare an ordinance to enact a moratorium.

Government Code Section 65858, et. seq. provides for the enactment of a moratorium to protect the public safety, health, and welfare, prohibiting any use that could be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City is considering, studying, or intends to study within a reasonable amount of time. For a moratorium to pass it must be adopted with findings as an urgency measure by not less than four-fifths of the City Council.

FISCAL IMPACT:

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Not applicable for this item.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Strategic Plan Direction No. 3 - Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):

Urgency Ordinance 1086

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ORDINANCE No. 1086

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NORCO, CALIFORNIA, ESTABLISHING A 45-DAY

MORATORIUM ON THE SUBMITTAL AND/OR APPROVAL OF NEW

APPLICATIONS FOR THE CONSTRUCTION OF INDUSTRIAL AND
WAREHOUSE BUILDINGS.

WHEREAS the City of Norco desires to adopt an urgency ordinance establishing a temporary moratorium, prohibiting the approval of new land use applications for industrial and warehouse buildings within the City of Norco, for an initial period of 45 days; and WHEREAS the City Council hereby finds that there does not exist in the Norco Municipal Code adequate information and standards for the regulation of this type of land use within the City.

NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF NORCO, CALIFORNIA, Does Hereby Ordain as Follows:

SECTION 1: The City Council directs staff to analyze and examine specific criteria for development and operational regulations and standards for industrial and warehouse uses.

SECTION 2: The City Council finds that in order to analyze and examine specific criteria and standards for industrial and warehouse uses within the City an immediate moratorium on any such uses must be enacted.

SECTION 3: Based upon current application(s) for such uses, and the potential impact of traffic and on the environment, the City Council finds that the approval of any development application for new industrial and warehouse uses would constitute an immediate danger and threat to the public health, peace, safety, and welfare to citizens of Norco.

SECTION 4: EFFECTIVE DATE: This ordinance is passed and adopted pursuant to Section 65858 of the California Government Code as an urgency measure and pursuant to the City’s police power for the preservation of the public health, peace, safety and welfare for the reasons stated above. It shall become effective immediately upon adoption.

SECTON 5: POSTING: The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall cause the same within 15 days of its passage posted at no less tatn five public places within the City of Norco.
#

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Ordinance No. 1086 – Moratorium on Construction of Industrial/Warehouse Buildings August 17, 2022

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PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held August 17, 2022.
____________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on August 17 2022, and duly passed and adopted by the following roll call vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on August 17, 2022.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

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City Council

STAFF REPORT
Date: August 17, 2022 Agenda Item:

6.C.

To: Honorable Mayor and City Council Members
Prepared By: John Harper, City Attorney
Department: Administration
SUBJECT:

Response Demand to Rescind and Cease and Desist pursuant to California Government Code Section 54960.2 from FH II, LLC (“Frontier”)
RECOMMENDATION:

Approve the attached commitment pursuant to California Government Code Section 54960.2.

SUMMARY:

By correspondence dated July 14, 2022, Larson LLP, on behalf of Frontier, has alleged that the City has, in their view not complied with the notice and disclosure requirements of Government Code Section 54960.2, and has requested that the City adopt a Cease and Desist Commitment pursuant to Government Code Section 54960.2.

BACKGROUND:

While it is the City’s view that no such violations have in fact taken place, in order to avoid the cost of potential litigation, it is suggested that City Council adopt the attached commitment, pursuant to California Government Code Section 54960.2.

FISCAL IMPACT:

None
REVIEWED AND APPROVED BY:

ATTACHMENT(S):

Letter

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August 18, 2022

FH II, LLC
c/o LARSON LLP
555 South Flower Street, Suite 4400
Los Angeles, California 90071
RE: Cease and Desist Commitment.

The City Council for the City of Norco has received the cease-and-desist letter on behalf of FH II, LLC, dated July 14, 2022, alleging that the following described past action of the Legislative Body violates the Ralph M. Brown Act Section 54960.2:

Violation of notice and disclosure requirements set forth in Government Code Section 54960.2
It is the City’s belief that such requirements have not been violated based upon, among other facts, the comments made by counsel for FH II, LLC at the public hearing held on the appeal by FH II, LLC of the two alternatives of its Project were public and constituted threatened legal action. After the City’s approval of the hotel alternative, subsequent counsel has provided numerous letters threatening litigation, addressed to all City Council Members and which are public record.

Notwithstanding the foregoing, and to avoid unnecessary litigation and without admitting any violation of the Ralph M. Brown Act, the City Council of the City of Norco hereby unconditionally commits that it will cease-and-desist from and not repeat the challenged past action as described above.

The City Council for the City of Norco may rescind this commitment only by a majority vote of its membership taken in open session at a regular meeting and noticed as its posted on the agenda as “Recission of Brown Act Commitment.”
You will be provided by written notice, sent by any means you provide in response to this message to whatever address or addresses you specify, of any intention of rescinding this commitment at least thirty (30) days before any such regular meeting.

If this commitment is rescinded, you will have the right to commence legal action, pursuant to subdivision of (a) of Section 54960 of the California Government Code. That notice will be delivered to you by the same means of this commitment or be mailed to an address which

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FH II, LLC
c/o LARSON LLP
August 18, 2022

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_______________________________
you have designated in writing.

Very truly yours,
Greg Newton, Mayor
for the City of Norco
c: Members of the City Council
Andy Okoro, City Manager

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