Agenda — Norco City Council, October 19, 2022 (part 2 of 2)

CA-13

EXHIBIT A
Scope of Belgian Drive Waterline Project
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents, Specifications and Plans for the above stated project. The general items of work to be done hereunder consist of construction of installing approximately 741 linear feet of new 12” Ductile Iron (DI) waterline within Belgian Drive between Corydon Ave and Pacer Drive. This proposed waterline will replace the existing 8” water main within this reach on Belgian Drive. Construction of waterline shall include the water main, fire hydrants, service connections, mainline interconnects, bends, valves, blow-offs, air-vacs and any other necessary appurtenances and related work to the satisfaction and acceptance of the City Engineer.

The services shall be performed in accordance with the Standard Specifications for Public Works Construction (Green Book), latest edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as “Standard Specifications”) incorporated herein by this reference. Any provisions which supplement or modify the Standard Specifications are attached hereto as Special Provisions and incorporated herein by this reference.

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CA-14

EXHIBIT B
Proposal Document

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CA-15

CONTRACT PERFORMANCE BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:

THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as “Obligee”) has awarded to ___________________________________________________________ ___________________________________________________________ (hereinafter designated as the “Contractor”), an agreement for the work described as follows:

BELGIAN DRIVE WATERLINE PROJECT
The general items of work to be done hereunder consist of:

NOW, THEREFORE, we, ____________________________________________, the undersigned Contractor, as Principal, and ____________________________________ ________________________________, a corporation organized and existing under the laws of the State of____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco in the sum of ______________________________________________________ Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and

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CA-16
agreements in the said Contract and any alteration thereof made as therein provided, on his or its parts, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the Contract, or to the work or to the Specifications.

No final settlement between the Obligee and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with enforcement of the bond, each shall pay Obligee’s reasonable attorney’s fees incurred, with or without suit, in addition to the above sum.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of _________, 2022.

PRINCIPAL/CONTRACTOR:
_________________________________
By: ______________________________
SURETY:
_________________________________
By: ______________________________
Attorney-in-Fact
The rate of premium on this bond is _________________________ per thousand.

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CA-17
The total amount of premium charged: $_____________________________________ (The above must be filled in by corporate surety).

IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.

Any claims under this bond may be addressed to:
(Name and Address of Surety) ________________________________ ________________________________
________________________________
(Name and Address of Agent or ________________________________ Representative for service of
process in California if ________________________________ different from above)
________________________________
(Telephone Number of Surety and ________________________________ Agent or Representative for
service of process in California) ________________________________ ________________________________

STATE OF CALIFORNIA )
) ss.

COUNTY OF )

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CA-18
On this ____ day of ___________, in the year _________, before me, ______________________, a Notary Public in and for said State, personally appeared ____________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the _________________________ (Surety) and acknowledged to me that he subscribed the name of the ______________________________ (Surety) thereto and his own name as Attorney-in-Fact.

Notary Public in and for said State
(SEAL)
Commission expires:______________________________
NOTE:

A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.

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CA-19

PAYMENT BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:

THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as Obligee” has awarded to ____________________________________________________________ __________________________________(hereinafter designated as the “Contractor”), an agreement dated________________________________, described as follows:

BELGIAN DRIVE WATERLINE PROJECT
The general items of work to be done hereunder consist of:

The general items of work to be done hereunder consist of construction of installing approximately 741 linear feet of new 12” Ductile Iron (DI) waterline within Belgian Drive between Corydon Ave and Pacer Drive. This proposed waterline will replace the existing 8” water main within this reach on Belgian Drive. Construction of waterline shall include the water main, fire hydrants, service connections, mainline interconnects, bends, valves, blow-offs, air-vacs and any other necessary appurtenances and related work to the satisfaction and acceptance of the City Engineer.
(hereinafter referred to as the “Contract”) and
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, We, _______________________________________________, the undersigned Contractor, as Principal; and __________________________________ ______________________________________________________________________ a corporation organized and existing under the laws of the State of __________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco and to any and all persons, companies, or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of
________________________________________________________________Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms of the said Contract, for which payment will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used

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CA-20
in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will insure to the benefit of any and all persons, companies, and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additions to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the Specifications.

No final settlement between the Obligee and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay Obligee’s reasonable attorney’s fees incurred, with or without suit, in addition to the above sum.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____day of_______________, 2022.

PRINCIPAL/CONTRACTOR:
_____________________________________
By: __________________________________
SURETY:
_____________________________________
By: __________________________________
Attorney-in-Fac

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CA-21
The rate of premium on this bond is ________________________ per thousand.

The total amount of premium charged: $ _____________________________________ (The above must be filled in by corporate Surety).

Any claims under this bond may be addressed to:
(Name and Address of Surety) _______________________________ _______________________________
_______________________________
(Name and Address of Agent or _______________________________ Representative for service of
process in California if _______________________________ different from above)
_______________________________
(Telephone Number of Surety and _______________________________ Agent or Representative for
service of process in California _______________________________ _______________________________

STATE OF CALIFORNIA )
) ss.

COUNTY OF )

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CA-22
On this ________ day of _________________, in the year _________, before me, ________________________, a Notary Public in and for said State, personally appeared _____________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the _____ ___________________ (Surety) and acknowledged to me that he subscribed the name of the _________________________________ (Surety) thereto and his own name as Attorney-in-Fact.
_____________________________________
Notary Public in and for said State
(SEAL)
Commission expires:________________________
NOTE:

A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.

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CA-23

GENERAL LIABILITY ENDORSEMENT

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

1. Insurance Company ____________________________________________ Policy Number _____________________

2. Policy Term (From) _______________ (To)________________ Endorsement Effective Date ______________________________________

3. Named Insured _______________________________________________

4. Address of Named Insured
_____________________________________________________________ _____________________________________________________________

5. Limit of Liability Any One Occurrence/Aggregate
$______________________________ /_____________________________

6. Deductible or Self-Insured Retention (Nil unless otherwise specified):
______________________________________________

7. Coverage is equivalent to:

Comprehensive General Liability Form GL0002 (Ed. 1/73)
______________________________________________
Commercial General Liability “Occurrence” Form CG0001
______________________________________________

8. Bodily Injury and Property Damage Coverage is:
____________________________________”occurrence”
Note: The City of Norco standard insurance requirements specify “occurrence” coverage. “Claims-made” coverage is not acceptable. If commercial general liability form or equivalent is used, the general aggregate must apply separately to this location/project or the general aggregate must be twice the occurrence limit.

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CA-24

9. Description of Project:

BELGIAN DRIVE WATERLINE PROJECT
The general items of work to be done hereunder consist of:

B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. 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. INSURED. As respects any work performed on the above described Project, the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased, or used by the Named Insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured on the above described Project for or on behalf of the City of Norco; or (b) products sold by the Named Insured to the City of Norco for use on the Project; or (c) premises leased by the Named Insured from the City of Norco, the insurance afforded by this policy shall be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured’s schedule underlying primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
(1) Insurance Services Office Form Number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form Comprehensive General Liability endorsement; or

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CA-25
(2) Insurance Services Office Commercial General Liability Coverage, “Occurrence” Form CG 0001; or
(3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Sections (1) and (2).

4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company’s limit of liability.

5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.

6. 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.

C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:

ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
______________________________
(Telephone Number)

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CA-26
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind 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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CA-27

AUTOMOBILE LIABILITY ENDORSEMENT

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

1. Insurance Company _____________________________________________ Policy Number _____________________

2. Policy Term (From)________________(To) _______________ Endorsement Effective Date ___________

3. Named Insured________________________________________________

4. Address of Named Insured________________________________________

5. Limit of Liability Any One Occurrence/Aggregate
$______________________ /_____________________________________

6. Deductible or Self-Insured Retention
(Nil unless otherwise specified):
$____________________________________________________________ B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. 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. INSURED. The City of Norco, its elected or appointed officers, officials, consulting engineers, employees and volunteers are included as insured with regard to damages and defense of claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers.

2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City of Norco, the insurance afforded by this

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CA-28
policy shall: (a) be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers; or (b) stand in an unbroken chain of coverage excess of the Named Insured’s primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SCOPE OF COVERAGE. This policy, if primary, affords coverage to the Named Insured at least as broad as:
(1) Insurance Services Office form number CA 00001 (Ed. 1/78), Code 1 (“any auto”) and endorsement CA 0025.
(2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Section (1).

4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage, or against whom a claim is made or a suit is brought, except with respect to the Company’s limit of liability.

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CA-29
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:

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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: October 19, 2022 Agenda Item:

2.L.

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

Acceptance of Bids and Award of Contract for the Moreno Arena Sound System Project; Appropriation of Additional Funds from the Measure R Fund for Project Cost and Contingency
RECOMMENDATION:

1. Award contract to Sunset Electrical Contractors, Inc. for the Design/Build of the Moreno Arena Sound System Project in the amount of $140,802, and authorize the City Manager to approve contract change orders up to 10% of the original contract.

2. Adopt Resolution No. 2022-76 to appropriate additional Measure R Funds in the amount of $24,882 to fund the cost of the project including the 10% contingency.

SUMMARY:

Proposals for the Moreno Arena Sound System Project were received on September 29, 2022, with Sunset Electrical Contractors, Inc. of Upland, California being the lowest responsible bidder. Therefore, it is recommended that a contract be awarded to Sunset Electrical Contractors, Inc. in the amount of $140,802 and authorize the City Manager to approve contract change orders up to 10% of the total bid.

BACKGROUND:

The Moreno Arena Sound System Project will replace the original sound system in Moreno Arena, located at the George Ingalls Equestrian Event Center. The existing sound system is over twenty years old and has met its useful life with many components of the system no longer working. The new sound system will provide sound for a variety of events, connect with the sound system at Clark Arena and allow for public address in the event of an emergency. This new system will also reduce the costs for the City and community event committees by eliminating the need for temporary sound systems during events.

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The RFP for the Moreno Arena Sound System Project was advertised on both September 11th and 17th of 2022. A total of one proposal was received for the project in the amount of $140,802. Staff has reviewed the proposal and has determined that Sunset Electrical Contractors, Inc. of Upland, California is the lowest responsible bidder in the amount of $140,802.

The Fiscal Year 2022-2023 Capital Improvement Budget includes an approved budget amount of $130,000 for the Moreno Arena Sound System Project. The total cost for this project including a 10% contingency is $154,882. Therefore, an additional appropriation of $24,882 is needed from the Measure R Fund.

FISCAL IMPACT:

The Moreno Arena Sound System Project was approved as a Capital Improvement Project (CIP) in the Measure R Fund for Fiscal Year 2020-2021. Funds in the amount of $130,000 were carried over to FY 2022-2023. Funds in the amount of $140,802 are not sufficient to fund the lowest bid amount including the 10% contingency. The Measure R Fund has an available estimated fund balance in the amount of $4,076,727 to fund the additional appropriation requested. A resolution was prepared to appropriate additional funding in the amount of $24,882 (project number 54410.2; account number 132.940.43130).

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: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):

Proposal
Contract
Resolution No 2022-76

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Design/Build – Moreno Arena Sound System Project
George Ingalls Equestrian Event Center 3737 Crestview Drive, Norco CA 92860 Sunset Electrical Contractors, Inc. dba Sunset Audio Visual Stan Kojder – President/Project Manager
Section 2: Contractors License………………………………………………………………………pg 2 Section 3: Manufacturers/Projects/Instrumentation….…………………………………pg 3 Section 4: Warranty Statement…………………………………………………………………….pg 4 Section 5: Design Build/Time Frame.…………………………………………………………….pg 5-9

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1 Data current as of 10/7/2020 2:02:34 AM
Home | Online Services | License Details
Contractor's License Detail for License # 886050
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.

Business Information

SUNSET ELECTRICAL CONTRACTORS INC
280 N BENSON STE 9
UPLAND, CA 91786
Business Phone Number:(909) 948-8851
Entity Corporation
Issue Date 10/20/2006
Expire Date 10/31/2022
License Status
This license is current and active.

All information below should be reviewed.

Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY.

Bond Number: 100012646
Bond Amount: $15,000
Eective Date: 01/01/2016
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual STANLEY MICHAEL KOJDER certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.

Eective Date: 10/20/2006
Workers' Compensation
This license has workers compensation insurance with the OAK RIVER INSURANCE COMPANY Policy Number:SUWC140657
Eective Date: 05/01/2020
Expire Date: 05/01/2021
Workers' Compensation History
Other
CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
 Only construction related civil judgments reported to CSLB are disclosed (B&P 7071.17).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.  C10 - ELECTRICAL
 B - GENERAL BUILDING CONTRACTOR
 Personnel listed on this license (current or disassociated) are listed on other licenses.

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2 Manufacturers Information:

Bose (800) 379-2073
Shure (800) 516-2525
Middle Atlantic (855) 940-0585
Service Center: Sunset Electrical Contractors, Inc.

List of Projects – Design/Build Audio Systems:

South Orange Community College - Irvine Valley College -PAC AV Orange Unified School District - Canyon High School Gym Audio Fred Kelly Stadium
Bassett Unified School District - Bassett Unified Audio Upgrades Arcadia Unified School District - Foothill MPR Audio System AHS Outside Quad Audio
Long Beach Unified School District - Cabrillo High School Audio System La Salle College Preparatory
West Palm Conservatory
St. James Catholic Church
Instrumentation:

The instrumentation utilized for this project includes a laptop and an RTA mic will be used to test and tune the system. No other specialized instruments are necessary for installation.

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3 Warranty
If this project is engineered and installed by Sunset Audio Visual/Electrical, we will provide a warranty for the first year for all portions installed by Sunset Audio Visual. For many of the items listed within this proposal, a manufactures warranty might be more than a single year warranty. Upon completion of the project, documentation for all design, along with equipment utilized within this project will be provided in digital form. A Service Contract will also be available after the end of the first year of operation.

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4 Dk<oet • c,oos Power S4Jm • dB•SPt • 1 '
4 kHz
or I -1 , -2 I 1 -3 F 1 "' 1i"'1 -s A -a B .1 I 11 -a M .9 • <·9 O O 15 30 45 • 60 75 90 105 120
Modeler Norco Equestrian
SOUND SYSTEM SOFTWARE 3/128" • 1·-0·

PROPOSAL - SCOPE OF WORK - MORENO EQUESTRIAN CENTER AUDIO UPGRADE This proposal is based upon the site walk of the Moreno Equestrian Center and documentation provided by Amanda Hamilton and Matt Boudreaux, from the City of Norco.

Ronnie Martinez along with Stan Kojder representing Sunset Audio Visual, have reviewed all documentation regarding this project. With technology improving daily and the demands of a powerful, yet flexible system to be evident, Sunset AV has determined a cohesive costeffective solution for the proper representation of audio distribution in this existing facility in the city of Norco. Audio System Upgrade
Sunset Audio Visual, working with the engineering staff of Bose Professional have determined the best solution to address the distribution of audio with the up most confidence of providing an intelligible, simple to use system. All equipment will be wired within conduit, installed and calibrated by Sunset Audio Visual. All zones will be addressed via the provided touch panel.

Fiber Run to connect Moreno to Clark
Running conduit from Moreno sound room, up and over canopy to owner furnished trench to Clark arena and extend over canopy to Clark sound room. Pull new 12 strand multi-mode fiber, terminate each side and provide necessary components from sound transmission from Moreno to Clark.

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5 Clusters 5 and 4 will replace the existing speaker providing directional support. Cluster 1, 2, 3, 6, and 7 will address the bleachers area. There will be 2 additional speakers placed between speakers 6 and 1, and the second speaker will be placed in between 3 and 7 Part Number Description Manufacturer Qty
794042-8850 BOSE - ArenaMatch Bose 4
AMl0/100 outdoor speaker -
Center space
794042-6680 BOSE - Arena Match AMl0/80 Bose 7
outdoor speaker - Bleacher
area
808304-0110 BOSE - Arena Match array Bose 9
plates - long kit
807140-0110 BOSE - ArenaMatch connect Bose 2
plates

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6 811433-0210 BOSE -Arena Match AMU105 - Bose 8
Outside Perimeter Speakers
776978-0010 BOSE - MIMO Pad 7" touch Bose 1
panel
782691-0010 BOSE -MIMO Pad MountJ Box Bose 1
834317-1110 BOSE -ControlSpace EX-1280- Bose 1
Digital Sound Processor
343546-1110 BOSE - PowerMatch Bose 4
PM8500N -Network Amplifier
772238-0110 BOSE - PowerMatch Amplink Bose 3
Card
PD915E **CFE - Middle Atlantic - Middle Atlantic 1
Power Protect
TBD MIDDLE ATLANTIC - Middle Atlantic 1
Replacement Rack with
locking doors and cabinet
filter
QLX124/85 SHURE - Wireless Handheld Shure 1
and Lavalier Combo System
QLXD24/SM58 SHURE - Wireless Handheld Shure 2
System - SM58
UA844 **CFE SHURE - Antenna Shure 1
Distribution Amp

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7 SBC200-US SHURE - Dual Docking Station
SBC200 SHURE - Dual Docking Station
wo/pw
SB900B SHURE - Recharge Batteries
SAV Misc. & Wire
Shure
Shure
Shure
SAV
1 1
3 1
I I
This general proposal is based upon the site walk and provided plans from the City of Norco.

Please note that is the first vision of a design engineered by Sunset Audio Visual. When Sunset Audio Visual become the integrator of choice for this project, we will also assist in the coordination of working with any other trades or operations working being within the installation of this project. Wiring and design documentation could be provided during integration, and at the completion of the integrated project, complete design documentation will be presented to the necessary parties involved. This project includes complete training for daily operations.

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8 Commissioning
Milestone 1
Milestone 2
Milestone 3
Milestone 4
Installation
Project Award
Order
Equipment
City of Norco – Moreno Arena Sound System
Time Frame
9

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CONTRACT AGREEMENT

CITY OF NORCO

DESIGN/ BUILD - MORENO ARENA SOUND SYSTEM PROJECT

1. Parties and Date.

This Agreement is made and entered into this 19th day of October, 2022 by and between the City of Norco, a municipal corporation of the State of California, located at 2870 Clark Avenue, Norco, California 92860, County of Riverside, State of California, (hereinafter referred to as “City”) and Sunset Electrical Contractors, Inc., a corporation with its principal place of business at 280 N. Benson Ave, Suite 9, Upland, California 91786 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. Recitals.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provisions of the DESIGN/BUILD - MORENO ARENA SOUND SYSTEM PROJECT on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in audio sound system for public facilities/ public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.

2.2 Project.

The City desires to engage the Contractor to render such services for the DESIGN/BUILD -MORENO ARENA SOUND SYSTEM (“Project”) as set forth in this Agreement.

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to construct the improvements outlined by the DESIGN/BUILD - MORENO ARENA SOUND SYSTEM PROJECT. The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Project shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend 90 working days. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

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3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Project shall be constructed by Contractor or under its supervision. Contractor will determine the means, methods and details of constructing the Project subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any additional personnel constructing the Project under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with the construction of the Project under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall construct the Project expeditiously, within the term of this Agreement, and in accordance with the Project timeframe set forth herein. Contractor represents that it has the professional and technical personnel required to construct the Project in conformance with such conditions.

In order to facilitate Contractor’s conformance with the Project timeframe, City shall respond to Contractor’s Requests for Information in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Project timeframe.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates the Director of Facilities and Maintenance, or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement.

Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Stan Kojder, President, or his designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Project, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Project under this Agreement.

3.2.6 Coordination of Project. Contractor agrees to work closely with City staff in the construction of the Project and shall be available to City’s staff, consultants and other staff at all reasonable times.

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3.2.7 Standard of Care; Performance of Employees. Contractor shall construct the Project under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to construct the Project. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to construct the Project. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to construct the Project, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to construct the Project in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any work on the Project.

3.2.7.1 Period of Performance and Liquidated Damages. Contractor shall perform and complete the Project under this Agreement within the term set forth in Section

3.1.2 above (“Term”). Contractor shall construct the Project in strict accordance with any timeframe provided herein, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Project is not completed within the aforementioned Term and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $500.00 per working day:

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

3.2.9 Insurance. Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to

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do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$2,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $4,000,000 aggregate for products and completed operations $4,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 - Any Auto) with limits of liability of not less than $2,000,000 per accident for bodily injury and property damage. (iii) WORKERS' COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.

Vendor’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. An endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required.

Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and

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defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.

All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. All such policies of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents. Should Contractor maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Claims-Made Policies - If any coverage required is written on a claims-made coverage form:

I. The retroactive date must be shown, and must be before the effective date of the Contract or the commencement of work by Contractor.

II. Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs.

III. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the effective date of the Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs.

IV. A copy of the claims reporting requirements must be submitted to City for review.

V. These requirements shall survive expiration or termination of the Contract.

Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable

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endorsements are to be received and approved by the City’s Risk Manager or his/her designee in his/her sole discretion prior to City’s execution of the Contract and before work commences. Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Contract, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Contract.

If at any time during the life of the Contract or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Contract. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Contract.

The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.

In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Contractor shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Contractor or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract.

If Contractor should subcontract all or any portion of the services to be performed under this Contract, Contractor shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.

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3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In constructing the Project, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.11 Bonds.

3.2.11.1 Performance Bond. Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.11.2 Payment Bond. Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-toexceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by City.

3.2.11.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City.

To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.11.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be

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accepted. The surety must be a California admitted surety with a current A.M. Best’s rating no less than A: VIII and satisfactory to the City. If a California admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all construction services rendered under this Agreement at the rates set forth in Exhibit B attached hereto and incorporated herein by reference.

Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

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

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination.

Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

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

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

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the follow address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Sunset Electrical Contractors, Inc.
280 N. Benson Ave. Suite 9
Upland, Ca 91786
City: City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Director of Facilities and Maintenance

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Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

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

3.5.5 Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend City and its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. Contractor’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.

If Contractor should subcontract all or any portion of the work to be performed under this Agreement, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.

This section shall survive termination or expiration of this Agreement.

3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

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3.5.9 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

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

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

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

3.5.15 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

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

3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or

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making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

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

3.6 Subcontracting.

3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

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Name of Contractor: SUNSET ELECTRICAL CONTRACTORS:
*By:
_____________________________
Signature
_____________________________
Name and Title
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED.

Attach Certificate of Notary Acknowledgement
OWNER: CITY OF NORCO, a municipal corporation
*By:
______________________________
Greg Newton
Mayor
ATTEST:
_______________________________
Dana Roa, CMC
City Clerk
APPROVED AS TO FORM:
_______________________________
Harper & Burns, LLP
City Attorney

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RESOLUTION NO. 2022-76

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,

CALIFORNIA, APPROPRIATING ADDITIONAL MEASURE R FUNDS IN THE AMOUNT OF $24,882 TO THE MORENO ARENA SOUND SYSTEM PROJECT WHEREAS, the Norco City Council ("Council") approved the Capital Improvement Program Budget for the construction of public improvements for the benefit of the Community; and
WHEREAS, the Fiscal Year (FY) 2022-2023 Capital Improvement Project Budget included funding for the Moreno Arena Sound System Project; and WHEREAS, the bid for construction submitted by the lowest responsible bidder at $140,802 is $10,802 over the balance available for this project including a 10% contingency of $14,080 that is typical of construction projects to cover unforeseen expenses; and WHEREAS, sufficient funds are available in the Measure R Fund (132) to cover the additional appropriation; and
WHEREAS, any unused funds will remain in the Measure R Fund.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Norco, California, approved the additional amount of $24,882 to be appropriated from the Measure R Fund balance (132) to the Moreno Arena Sound System Project (54410.2).

PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on October 19, 2022.
_______________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

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Resolution No. 2022-76 – Measure R Funds for Moreno Arena Sound System Project

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October 19, 2022
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certifythat the foregoing Resolution was introduced and adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on October 19, 2022, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on October 19, 2022.
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California

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City Council

STAFF REPORT
Date: October 19, 2022 Agenda Item:

2.M.

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

A Resolution reflecting the City Council's action on September 21, 2022 to deny Conditional Use Permit 2022-04 (Norco Old Town Market)
RECOMMENDATION:

Adopt Resolution 2022-77, to reflect the City Council's Denial of Conditional Use Permit 2022-04.

SUMMARY:

This report is being presented as a follow-up to the City Council's determination to uphold the Planning Commission's denial of Conditional Use Permit (CUP) 2022-04. A Resolution is required for the record.

BACKGROUND:

A public hearing was held at the Planning Commission meeting of August 10, 2022, for the request to allow the sale of a full-line of alcohol beverages (distilled spirits) for off-site consumption in conjunction with a 2,558 square-foot convenience store, Norco Old Town Market, at 4410 California Avenue (APN 153-200-020), located in the C-G (Commercial General) Zone. The Commission denied the approval of the Conditional Use Permit 2022- 04 for the noted request. An appeal was filed by the applicant to the City Council, requesting to overturn the Planning Commission denial. At its meeting of September 21, 2022, the City Council heard the appeal of the Planning Commission's denial of CUP 2022-04. The City Council concurred with the Planning Commission's determination and denied the subject application.

FISCAL IMPACT:

None for this item.

RELATIONSHIP TO STRATEGIC PLAN:

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N/A
REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):

Resolution No. 2022-77

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RESOLUTION 2022-77

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,

CALIFORNIA, DENYING A CONDITIONAL USE PERMIT TO ALLOW

THE SALE OF A FULL-LINE OF ALCOHOL BEVERAGES (DISTILLED

SPIRITS) FOR OFF-SITE CONSUMPTION IN CONJUNCTION WITH A 2,558 SQUARE-FOOT CONVENIENCE STORE AT 4410 CALIFORNIA
AVENUE LOCATED IN THE COMMERCIAL GENERAL (C-G) ZONE.

CONDITIONAL USE PERMIT 2022-04.

WHEREAS, Miguel Santamaria submitted an application for a Conditional Use Permit to the City of Norco, California under the provisions of Chapter 18.68, Title 18 of the Norco Municipal Code, on property located at 4410 California Avenue (APN 153-200- 020); and
WHEREAS, said application for Conditional Use Permit 2022-04 was duly submitted to said City of Norco Planning Commission for decision at a public hearing for which proper notice was given; and
WHEREAS, Conditional Use Permit 2022-04 was scheduled for public hearing on August 10, 2022 on or about 7:00 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the Planning Commission held a public hearing and received both oral and written testimony pertaining to Conditional Use Permit 2022-04; and
WHEREAS, said Planning Commission denied Conditional Use Permit 2022-04; and
WHEREAS, said denial was appealed to the City Council of the City of Norco and was scheduled for a public hearing before the City Council on September 21, 2022; and WHEREAS, notice of a public hearing on said petition was given in the manner and for times required by law; and
WHEREAS, at the time set, at 7:00 p.m. on September 21, 2022, within the Council Chambers at 2820 Clark Avenue, Norco, California, 92860, said appeal was heard by the City Council for the City of Norco; and
WHEREAS, at said time and place set, said City Council considered both oral and written evidence pertaining to said application and conducted a de novo review of the application for a conditional use permit; and
WHEREAS, the City of Norco, acting as the Lead Agency, has determined that the proposed project is exempt from environmental assessment.

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Resolution 2022-77 - Denial of Conditional Use Permit 2022-04

Page 2 ends

October 19, 2022
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Norco, California, does hereby approve the denial of Conditional Use Permit 2022-04 upon the following findings:

FINDINGS:

A. The requested Conditional Use Permit will adversely affect the General Plan and the public convenience and general welfare of persons residing or working in the neighborhood because there is an over concentration of alcohol uses within the City of Norco and sensitive uses (residential) within 100-feet of the subject site.

B. The requested use will adversely affect the adjoining land uses, and the growth and development of the area in which it is located, because there is an over concentration of alcohol uses within the City of Norco and sensitive uses (residential) within 100-feet of the subject site.

SECTION 1: The City Council of the City of Norco, California, in session assembled September 21, 2022 determines that the aforesaid application for a conditional use permit is denied.

SECTION 2: EFFECTIVE DATE. This resolution shall become effective upon approval by the City Council of the City of Norco.

SECTION 3: NOTICE IS HEREBY GIVEN that this decision is final and that Code of Civil Procedure section 1094.6 provides that challenges to certain administrative decisions must be brought within 90 days by filing a petition for writ of mandate in the Superior Court.

PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on October 19, 2022.
__________________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

Page 262 of 310 ends

Resolution 2022-77 - Denial of Conditional Use Permit 2022-04

Page 3 ends

October 19, 2022
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Norco, California, duly held on October 19, 2022 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 October 19, 2022. _______________________
Dana Roa, CMC, City Clerk
City of Norco, California

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City Council

STAFF REPORT
Date: October 19, 2022 Agenda Item:

2.N.

To: Honorable Mayor and City Council Members
Prepared By: Cindy Balderas, Human Resources Manager
Department: Human Resources
SUBJECT:

Consideration of a Resolution to Approve and Adopt the Salary Schedule for the Utility Workers Union of America, Local 606 with an effective date of October 15, 2022 RECOMMENDATION:

Adopt Resolution No. 2202-78, to approve and adopt the salary schedule for the Utility Workers Union of America, Local 606 with an effective date of October 15, 2022.

SUMMARY:

California Public Employers System (CalPERS) requires all public agencies to have salaries approved by City Council and a publicly available pay schedule as defined under California Code of Regulations Section 570.5.

BACKGROUND:

The City and Utility Workers Union of America, Local 606 (Local 606) met and conferred in good faith and have agreed on the terms and conditions of a successor Memorandum of Understanding (MOU) covering the period of July 1, 2022 through June 30, 2023.

On October 5, 2022, City Council approved the MOU between the City and Local 606 covering the period of July 1, 2022 through June 30, 2023 and the fiscal impact of the MOU.

One of the agreed upon terms in the new MOU included an 8% base salary adjustment to all classifications represented by Local 606. The California Code of Regulations Section 570.5 requires a publicly available schedule for every classification that is subject to CalPERS membership. As a result, the salary schedule effective October 15, 2022, for Local 606 requires City Council approval.

FISCAL IMPACT:

None for this item.

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RELATIONSHIP TO STRATEGIC PLAN:

This action is consistent with Strategic Plan Direction No. 2 - Human Capital: Build a sustainable workforce to meet the needs of all stakeholders.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):

Resolution 2022-78
Salary Schedule

Page 265 of 310 ends

RESOLUTION NO. 2022-78

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,

CALIFORNIA, APPROVING AND ADOPTING A SALARY SCHEDULE
FOR UTILITY WORKERS UNION OF AMERICA, LOCAL 606
WHEREAS, the City of Norco (City) and Utility Workers Union of America, Local 606 (Local 606) have met and conferred in good faith and have agreed on the terms and conditions set form in a Memorandum of Understanding (MOU) covering the period of July 1, 2022 through June 30, 2023; and
WHEREAS, the City and Local 606 agreed to an 8% base salary adjustment to the positions covered under the MOU between the City and Local 606 effective October 15, 2022; and
WHEREAS, California Code of Regulations Section 570.50 requires a publicly available pay schedule for every classification that is subject to CalPERS membership.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Norco, California, at a regular meeting held on October 19, 2022, approved:

1. Utility Workers Union of America, Local 606 Salary Schedule Effective 10/15/2022 PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on October 19, 2022.
________________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

Page 266 of 310 ends

Resolution No. 2022-78 – UWUA, Local 606 Salary Schedule, FY 2022-2023

Page 2 ends

October 19, 2022
I, DANA ROA, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was introduced and adopted by the City Council of the City of Norco, California, at a regular meeting held on October 19, 2022 by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California on October 19, 2022
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Attachment: UWUA – Local 606 Salary Schedule

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Classification/Position Title
Salary
Range
No.

Annual Monthly Hourly Annual Monthly Hourly Annual Monthly Hourly Annual Monthly Hourly Annual Monthly Hourly PW Lead Worker 46
$ 67,759 $ 5,647 $ 36.1961 $ 69,792 $ 5,816 $ 37.2820 $ 71,886 $ 5,990 $ 38.4004 $ 74,042 $ 6,170 $ 39.5524 $ 76,263 $ 6,355 $ 40.7390 PW Inspector II 46
$ 67,759 $ 5,647 $ 36.1961 $ 69,792 $ 5,816 $ 37.2820 $ 71,886 $ 5,990 $ 38.4004 $ 74,042 $ 6,170 $ 39.5524 $ 76,263 $ 6,355 $ 40.7390 Water Quality Control Technician II 40
$ 58,450 $ 4,871 $ 31.2231 $ 60,203 $ 5,017 $ 32.1598 $ 62,009 $ 5,167 $ 33.1246 $ 63,870 $ 5,322 $ 34.1184 $ 65,786 $ 5,482 $ 35.1419 Sewer Collections Control Technician II 40
$ 58,450 $ 4,871 $ 31.2231 $ 60,203 $ 5,017 $ 32.1598 $ 62,009 $ 5,167 $ 33.1246 $ 63,870 $ 5,322 $ 34.1184 $ 65,786 $ 5,482 $ 35.1419 PW Maintenance Worker III 40
$ 58,450 $ 4,871 $ 31.2231 $ 60,203 $ 5,017 $ 32.1598 $ 62,009 $ 5,167 $ 33.1246 $ 63,870 $ 5,322 $ 34.1184 $ 65,786 $ 5,482 $ 35.1419 PW Inspector I 40
$ 58,450 $ 4,871 $ 31.2231 $ 60,203 $ 5,017 $ 32.1598 $ 62,009 $ 5,167 $ 33.1246 $ 63,870 $ 5,322 $ 34.1184 $ 65,786 $ 5,482 $ 35.1419 PW Maintenance Worker II 32
$ 50,419 $ 4,202 $ 26.9334 $ 51,932 $ 4,328 $ 27.7414 $ 53,490 $ 4,457 $ 28.5736 $ 55,094 $ 4,591 $ 29.4308 $ 56,747 $ 4,729 $ 30.3137 Water Quality Control Technician I 32
$ 50,419 $ 4,202 $ 26.9334 $ 51,932 $ 4,328 $ 27.7414 $ 53,490 $ 4,457 $ 28.5736 $ 55,094 $ 4,591 $ 29.4308 $ 56,747 $ 4,729 $ 30.3137 Sewer Collections Control Technician I 32
$ 50,419 $ 4,202 $ 26.9334 $ 51,932 $ 4,328 $ 27.7414 $ 53,490 $ 4,457 $ 28.5736 $ 55,094 $ 4,591 $ 29.4308 $ 56,747 $ 4,729 $ 30.3137 PW Maintenance Worker I 26
$ 43,492 $ 3,624 $ 23.2330 $ 44,797 $ 3,733 $ 23.9299 $ 46,141 $ 3,845 $ 24.6478 $ 47,525 $ 3,960 $ 25.3873 $ 48,951 $ 4,079 $ 26.1489 Facilities Maintenance Technician II 13
$ 44,763 $ 3,730 $ 23.9116 $ 46,105 $ 3,842 $ 24.6290 $ 47,489 $ 3,957 $ 25.3679 $ 48,913 $ 4,076 $ 26.1289 $ 50,381 $ 4,198 $ 26.9128 Parks Maintenance Worker II 13
$ 44,763 $ 3,730 $ 23.9116 $ 46,105 $ 3,842 $ 24.6290 $ 47,489 $ 3,957 $ 25.3679 $ 48,913 $ 4,076 $ 26.1289 $ 50,381 $ 4,198 $ 26.9128 Facilities Maintenance Technician I 11
$ 38,613 $ 3,218 $ 20.6264 $ 39,771 $ 3,314 $ 21.2452 $ 40,964 $ 3,414 $ 21.8825 $ 42,193 $ 3,516 $ 22.5390 $ 43,459 $ 3,622 $ 23.2152 Parks Maintenance Worker I 11
$ 38,613 $ 3,218 $ 20.6264 $ 39,771 $ 3,314 $ 21.2452 $ 40,964 $ 3,414 $ 21.8825 $ 42,193 $ 3,516 $ 22.5390 $ 43,459 $ 3,622 $ 23.2152

CITY OF NORCO
UTILITY WORKERS UNION OF AMERICA, LOCAL 606

CLASSIFICATIONS & SALARY RANGES
EFFECTIVE 10/15/2022
Step A Step B Step C Step D Step E

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City Council

STAFF REPORT
Date: October 19, 2022 Agenda Item:

5.A.

To: Honorable Mayor and City Council Members
Prepared By: Cindy Balderas, Human Resources Manager
Department: Human Resources
SUBJECT:

Consideration of a Resolution to Retroactively Approve and Adopt Salary Schedules for Management Group effective July 18, 2013 through December 31, 2020, and July 1, 2022 RECOMMENDATION:

Adopt Resolution No. 2022-79, to retroactively approve and adopt Salary Schedules for Management Group effective July 18, 2013 through December 31, 2020, and July 1, 2022
SUMMARY:

California Public Employers System (CalPERS) requires all public agencies to have salaries approved by City Council on a publicly available pay schedule as defined under California Code of Regulations Section 570.5.

BACKGROUND:

On October 6, 2022, CalPERS contacted the City to request all approved salary schedules that list the City Manager effective July 18, 2013 through December 31, 2020 and effective July 1, 2022. In researching this matter, it was discovered that the majority of the City Manager salary adjustments over the last several years were approved with an Employment Agreement and/or an Amendment, but a salary schedule with the City Manager's salary listed was not included at the time of Council approval. CalPERS staff has requested that the appropriate salary schedules be retroactively approved and adopted by City Council for the Management Group, to include the City Manager, that meet the requirements of a "publicly available pay schedule" as defined under California Code of Regulations Section 570.5.

The salary schedules that need to be approved are effective July 18, 2013 through December 31, 2020, and effective July 1, 2022. This time frame will cover the former City Manager's term and resolve the issue with CalPERS. There are two salary schedules (effective January 1, 2021 and effective July 1, 2021) not listed for retroactive approval because for those effective dates, salary schedules were adopted.

Page 269 of 310 ends

It is important to note that these actions do not provide for any retroactive salary adjustments or any additional salary to the previous City Manager. This action is only to memorialize in the salary schedules the compensation paid in those given times. With regard to the current City Manager's compensation, that salary is already listed in a pay schedule that was approved by the City Council on July 20, 2022, so no further action is needed on that matter.

FISCAL IMPACT:

None
RELATIONSHIP TO STRATEGIC PLAN:

The recommended MOU is consistent with Strategic Plan Direction No. 2 - Human Capital: Build a sustainable workforce to meet the needs of all stakeholders.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):

Resolution 2022-79
Management Salary Schedules

Page 270 of 310 ends

RESOLUTION NO. 2022-79

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,

CALIFORNIA, RETROACTIVELY APPROVING AND ADOPTING

SALARY SCHEDULES FOR MANAGEMENT GROUP
WHEREAS, California Code of Regulations Section 570.50 requires a publicly available pay schedule for every classification that is subject to CalPERS membership; and
WHEREAS, City Manager employment agreements and/or amendments for salary increases were previously approved by City Council.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Norco, California, at a regular meeting held on October 19, 2022, approved:

1. Management Salary Schedule Effective 07/18/2013

2. Management Salary Schedule Effective 07/01/2014

3. Management Salary Schedule Effective 02/18/2015

4. Management Salary Schedule Effective 07/01/2015

5. Management Salary Schedule Effective 07/01/2016

6. Management Salary Schedule Effective 07/01/2017

7. Management Salary Schedule Effective 07/01/2018

8. Management Salary Schedule Effective 07/01/2019

9. Management Salary Schedule Effective 10/06/2021

10.Management Salary Schedule Effective 07/01/2022
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on October 19, 2022.
________________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

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Resolution No. 2022-79 – Retroactively Approve and Adopt Management Group Salary Schedules

Page 2 ends

AYES:

NOES:

ABSENT:

ABSTAIN:

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Classification/Position Title Range Annual
Bottom
Annual
Top
Monthly
Bottom
Monthly
Top
Hourly
Bottom
Hourly
Top
City Manager* $ 171,000 $ - $ 14,250 $ - $ 91.3462
Deputy City Manager/Director of Finance 86 $ 114,908 $ 139,671 $ 9,576 $ 11,639 $ 61.3823 $ 74.6106 Director of Public Works 82A $ 95,500 $ 116,081 $ 7,958 $ 9,673 $ 51.0151 $ 62.0093 Director of Parks, Recreation, & Community Services 74B $ 86,841 $ 105,555 $ 7,237 $ 8,796 $ 46.3892 $ 56.3864 Planning Director 74A $ 84,940 $ 103,245 $ 7,078 $ 8,604 $ 45.3741 $ 55.1524 City Clerk 58A $ 66,276 $ 80,559 $ 5,523 $ 6,713 $ 35.4038 $ 43.0335 *City Manager salary effective 07/18/2013 all others effective 07/01/2013

CITY OF NORCO

MANAGEMENT

CLASSIFICATIONS & SALARY RANGES
EFFECTIVE 07/18/2013

Page 273 of 310 ends

Classification/Position Title Range Annual
Bottom
Annual
Top
Monthly
Bottom
Monthly
Top
Hourly
Bottom
Hourly
Top
City Manager $ 173,736 $ - $ 14,478 $ - $ 92.8077
Director of Finance 82A $ 97,028 $ 117,939 $ 8,086 $ 9,828 $ 51.8313 $ 63.0014 Director of Public Works 82A $ 97,028 $ 117,939 $ 8,086 $ 9,828 $ 51.8313 $ 63.0014 Director of Parks, Recreation, & Community Services 74B $ 88,230 $ 107,244 $ 7,353 $ 8,937 $ 47.1314 $ 57.2886 Planning Director 74A $ 86,299 $ 104,897 $ 7,192 $ 8,741 $ 46.1001 $ 56.0348 City Clerk/Assistant to City Manager 58A $ 67,336 $ 81,848 $ 5,611 $ 6,821 $ 35.9703 $ 43.7220

CITY OF NORCO

MANAGEMENT

CLASSIFICATIONS & SALARY RANGES
EFFECTIVE 07/01/2014

Page 274 of 310 ends

Classification/Position Title Range Annual
Bottom
Annual
Top
Monthly
Bottom
Monthly
Top
Hourly
Bottom
Hourly
Top
City Manager $ 173,736 $ - $ 14,478 $ - $ 92.8077
Finance Officer 82A $ 97,028 $ 117,939 $ 8,086 $ 9,828 $ 51.8313 $ 63.0014 Director of Public Works 82A $ 97,028 $ 117,939 $ 8,086 $ 9,828 $ 51.8313 $ 63.0014 Deputy City Manager/Director of Parks, Recreation, &
Community Services* 86 $ 114,908 $ 139,671 $ 9,576 $ 11,639 $ 61.3825 $ 74.6106 Planning Director 74A $ 86,299 $ 104,897 $ 7,192 $ 8,741 $ 46.1001 $ 56.0348 City Clerk/Assistant to City Manager 58A $ 67,336 $ 81,848 $ 5,611 $ 6,821 $ 35.9703 $ 43.7220 *New Classification approved 02/18/2015. All other salaries are effective 07/01/2014

CITY OF NORCO

MANAGEMENT

CLASSIFICATIONS & SALARY RANGES
EFFECTIVE 02/18/2015

Page 275 of 310 ends

Classification/Position Title Range Annual
Bottom
Annual
Top
Monthly
Bottom
Monthly
Top
Hourly
Bottom
Hourly
Top
City Manager $ 190,948 $ - $ 15,912 $ - $ 102.0021
Finance Officer 82A $ 99,939 $ 121,477 $ 8,328 $ 10,123 $ 53.3862 $ 64.8914 Director of Public Works 82A $ 99,939 $ 121,477 $ 8,328 $ 10,123 $ 53.3862 $ 64.8914 Deputy City Manager/Director of Parks, Recreation, &
Community Services 86 $ 118,355 $ 143,861 $ 9,863 $ 11,988 $ 63.2238 $ 76.8489 Planning Director 74A $ 88,888 $ 108,044 $ 7,407 $ 9,004 $ 47.4831 $ 57.7158 City Clerk/Assistant to City Manager 58A $ 69,356 $ 84,303 $ 5,780 $ 7,025 $ 37.0494 $ 45.0337

CITY OF NORCO

MANAGEMENT

CLASSIFICATIONS & SALARY RANGES
EFFECTIVE 07/01/2015

Page 276 of 310 ends

Classification/Position Title Range Annual
Bottom
Annual
Top
Monthly
Bottom
Monthly
Top
Hourly
Bottom
Hourly
Top
City Manager $ 208,676 $ - $ 17,390 $ - $ 111.4725
Finance Officer 82A $ 102,937 $ 125,121 $ 8,578 $ 10,427 $ 54.9878 $ 66.8382 Director of Public Works 82A $ 102,937 $ 125,121 $ 8,578 $ 10,427 $ 54.9878 $ 66.8382 Deputy City Manager/Director of Parks, Recreation, &
Community Services 86 $ 121,906 $ 148,177 $ 10,159 $ 12,348 $ 65.1205 $ 79.1544 Planning Director 74A $ 91,555 $ 111,285 $ 7,630 $ 9,274 $ 48.9076 $ 59.4473 City Clerk/Assistant to City Manager 58A $ 71,437 $ 86,832 $ 5,953 $ 7,236 $ 38.1609 $ 46.3847

CITY OF NORCO

MANAGEMENT

CLASSIFICATIONS & SALARY RANGES
EFFECTIVE 07/01/2016

Page 277 of 310 ends

Classification/Position Title Range Annual
Bottom
Annual
Top
Monthly
Bottom
Monthly
Top
Hourly
Bottom
Hourly
Top
City Manager $ 208,676 $ - $ 17,390 $ - $ 111.4725
Finance Officer 82A $ 106,025 $ 128,875 $ 8,835 $ 10,740 $ 56.6373 $ 68.8435 Director of Public Works 82A $ 106,025 $ 128,875 $ 8,835 $ 10,740 $ 56.6373 $ 68.8435 Deputy City Manager/Director of Parks, Recreation, &
Community Services 86 $ 125,563 $ 152,622 $ 10,464 $ 12,719 $ 67.0743 $ 81.5288 Planning Director 74A $ 94,302 $ 114,624 $ 7,859 $ 9,552 $ 50.3750 $ 61.2308 City Clerk/Assistant to City Manager 58A $ 82,188 $ 99,900 $ 6,849 $ 8,325 $ 43.9038 $ 53.3654

CITY OF NORCO

MANAGEMENT

CLASSIFICATIONS & SALARY RANGES
EFFECTIVE 07/01/2017

Page 278 of 310 ends

Classification/Position Title Range Annual
Bottom
Annual
Top
Monthly
Bottom
Monthly
Top
Hourly
Bottom
Hourly
Top
City Manager $ 208,676 $ - $ 17,390 $ - $ 111.4725
Director of Finance 82A $ 109,206 $ 132,741 $ 9,101 $ 11,062 $ 58.3364 $ 70.9087 Director of Public Works 82 $ 109,206 $ 132,741 $ 9,101 $ 11,062 $ 58.3364 $ 70.9087 Deputy City Manager/Director of Parks, Recreation, &
Community Services 86 $ 129,330 $ 157,201 $ 10,777 $ 13,100 $ 69.0865 $ 83.9749 Planning Director 74A $ 97,131 $ 118,063 $ 8,094 $ 9,839 $ 51.8863 $ 63.0678 City Clerk/Assistant to City Manager 58A $ 84,654 $ 102,897 $ 7,054 $ 8,575 $ 45.2210 $ 54.9663

CITY OF NORCO

MANAGEMENT

CLASSIFICATIONS & SALARY RANGES
EFFECTIVE 07/01/2018

Page 279 of 310 ends

Classification/Position Title Range Annual
Bottom
Annual
Top
Monthly
Bottom
Monthly
Top
Hourly
Bottom
Hourly
Top
City Manager $ 212,850 $ - $ 17,737 $ - $ 113.7019
Director of Finance 82A $ 112,482 $ 136,723 $ 9,374 $ 11,394 $ 60.0865 $ 73.0358 Director of Public Works 82 $ 123,804 $ 150,485 $ 10,317 $ 12,540 $ 66.1346 $ 80.3873 Deputy City Manager/Director of Parks, Recreation, &
Community Services 86 $ 133,210 $ 161,917 $ 11,101 $ 13,493 $ 71.1592 $ 86.4941 Planning Director 74A $ 100,045 $ 121,605 $ 8,337 $ 10,134 $ 53.4428 $ 64.9599 City Clerk/Assistant to City Manager 58A $ 87,194 $ 105,984 $ 7,266 $ 8,832 $ 46.5780 $ 56.6154

CITY OF NORCO

MANAGEMENT

CLASSIFICATIONS & SALARY RANGES
EFFECTIVE 07/01/2019

Page 280 of 310 ends

Classification/Position Title Range Annual
Bottom
Annual
Top
Monthly
Bottom
Monthly
Top
Hourly
Bottom
Hourly
Top
City Manager 85 $ 227,127 $ - $ 18,927 $ - $ 121.3288
Deputy City Manager/ Director of Parks, Recreation
& Community Services 86 $ 142,146 $ 172,779 $ 11,845 $ 14,398 $ 75.9325 $ 92.2964 Director of Public Works 82 $ 132,109 $ 160,580 $ 11,009 $ 13,382 $ 70.5709 $ 85.7799 Director of Finance 82A $ 120,027 $ 145,895 $ 10,002 $ 12,158 $ 64.1171 $ 77.9352 Director of Community Services* 82A $ 120,027 $ 145,895 $ 10,002 $ 12,158 $ 64.1171 $ 77.9352 Director of Facilities & Maintenance* 82A $ 120,027 $ 145,895 $ 10,002 $ 12,158 $ 64.1171 $ 77.9352 Planning Director 74A $ 106,756 $ 129,762 $ 8,896 $ 10,814 $ 57.0278 $ 69.3174 City Clerk/ Assistant to City Manager 58A $ 93,043 $ 113,094 $ 7,754 $ 9,424 $ 49.7024 $ 60.4134 *New classifications approved by Council 10/06/2021 Resolution#2021-71

CITY OF NORCO

MANAGEMENT

CLASSIFICATIONS & SALARY RANGES
EFFECTIVE 07/01/2021

Page 281 of 310 ends

CITY OF NORCO

MANAGEMENT

CLASSIFICATIONS & SALARY RANGES
EFFECTIVE 10/06/2021

Page 282 of 310 ends

Classification/Position Title Range Annual
Bottom
Annual
Top
Monthly
Bottom
Monthly
Top
Hourly
Bottom
Hourly
Top
City Manager* 85 $ 300,000 $ - $ 25,000 $ - $ 160.2600
Director of Public Works 82 $ 142,677 $ 173,426 $ 11,890 $ 14,452 $ 76.2166 $ 92.6423 Director of Finance 82A $ 129,629 $ 157,566 $ 10,802 $ 13,131 $ 69.2465 $ 84.1700 Director of Community Services 82A $ 129,629 $ 157,566 $ 10,802 $ 13,131 $ 69.2465 $ 84.1700 Director of Facilities & Maintenance 82A $ 129,629 $ 157,566 $ 10,802 $ 13,131 $ 69.2465 $ 84.1700 Planning Director 74A $ 115,297 $ 140,143 $ 9,608 $ 11,679 $ 61.5900 $ 74.8628 City Clerk/ Assistant to City Manager 58A $ 100,486 $ 122,141 $ 8,374 $ 10,178 $ 53.6786 $ 65.2465 *Salary approved by Council 07/06/2022 (Employment Agreement Amendment No. 5)

CITY OF NORCO

MANAGEMENT

CLASSIFICATIONS & SALARY RANGES
EFFECTIVE 07/01/2022

Page 283 of 310 ends

City Council

STAFF REPORT
Date: October 19, 2022 Agenda Item:

5.B.

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

Amendment No. 1 to Memorandum of Understanding Between the City of Norco and Five Keys Schools and Programs
RECOMMENDATION:

Approve Amendment No. 1 of the Memorandum of Understanding with FIVE KEYS Schools and Programs.

SUMMARY:

The Memorandum of Understanding (MOU) with FIVE KEYS Schools and Programs (FIVE KEYS) will provide for the organization's use of city-owned property on Sierra Avenue for field-based farmer training. This supports the FIVE KEYS mission to provide 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:

The City of Norco currently has an established mutual partnership with FIVE KEYS through a MOU to support the mutual goals of FIVE KEYS and the City. The organization 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. The current MOU provides FIVE KEYS with the use of the former City Hall building located on Hamner Avenue for its training program and a weekly farmers' market. The City provides the facility at no cost, and also pays the costs of all utilities.

FIVE KEYS has requested to further enter into a Land Stewardship Collaboration (see Proposal) between FIVE KEYS and the City of Norco at the newly purchased land on Sierra Avenue (4061 and 4095 Sierra Avenue) which is slated for future veterans housing.

For an initial term of one year, and potentially until the development is ready to move forward, this stewardship collaboration would create a field-based learning environment

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for EAT! Farmer Training program participants while providing the City of Norco with deliberate and responsible Land Management/Usage of its newly acquired property.

Additional positive impacts of the Stewardship Collaboration would include:
• Support for the City's desire to preserve large lots through community reengagement in agriculture, and therefore showing one of the benefits of large lots
• Deter trespassing, dumping, vandalism and unauthorized occupancy at the properties through the EAT! Program's onsite Framer Training program activities • Landscape maintenance and upkeep of the site
Staff recommends approval of Amendment No. 1 to the MOU as proposed in order to provide continued support for community farming vocational education training in the City of Norco. At the end of the one-year term, this use can be re-evaluated and extended by the City Council at that time.

FISCAL IMPACT:

The costs associated with the requested use of the Sierra properties is estimated at approximately $7,800 annually to include water, sewer, refuse and electricity. FIVE KEYS will pay 50% of actual costs for utilities to the City on a quarterly basis.

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: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):

Amendment No. 1
Exhibit A - Land Stewardship Proposal
Exhibit B - Site Map

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1 AMENDMENT NO. 1 TO THE

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF NORCO
AND

FIVE KEYS SCHOOLS AND PROGRAMS

LAND STEWARDSHIP
This Amendment No. 1 to the Memorandum of Understanding by and between Five Keys Schools and Programs, hereinafter called (“FIVE KEYS”) and the City of Norco, hereinafter called (“CITY”), is hereby made and entered into as follows:

RECITALS
WHEREAS, there is an existing Memorandum of Understanding between the CITY and FIVE KEYS establishing a partnership between CITY and FIVE KEYS providing opportunity for agricultural education and farming prospects to enhance the community culture and support the CITY rural and animal keeping lifestyle, dated August 17, 2022, hereinafter the (“Memorandum of Understanding”); and
WHEREAS, FIVE KEYS has proposed a land stewardship collaboration between FIVE KEYS and the CITY creating a field-based learning environment for Ecological Agriculture Training (“EAT!”) farmer training program participants while providing the CITY with deliberate and responsible land management-usage of CITY property which provide a future location of the project to honor Veterans; and WHEREAS, the Parties desire to enter an Amendment No. 1 to the Memorandum of Understanding with FIVE KEYS establishing the aforementioned land stewardship collaboration program; and
WHEREAS, CITY has acquired fee-ownership of property located at 4061 and 4095 Sierra Avenue, said Property to be developed as Veterans housing, hereinafter the (“Property”); and
WHEREAS, FIVE KEYS shall utilize a portion of the Property for the land stewardship program, as more particularly described in the Land Stewardship Proposal submitted by FIVE KEYS and attached hereto as Exhibit “A.”

NOW, THEREFORE, FIVE KEYS AND CITY HEREBY AGREE AS
FOLLOWS:

1. The forgoing Recitals are true and correct and incorporated herein as if set forth in full.

2. FIVE KEYS and CITY shall enter this Amendment No. 1 to facilitate that land stewardship collaboration program as more particularly described in Exhibit “A” (Land Stewardship Proposal) attached hereto. The specific portion of the

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2 Property to be utilized therefore is more particularly set forth in Exhibit “B” attached hereto, hereinafter (the “Site”).

3. In exchange for CITY collaboration and the utilization of the CITY owned Property for the land stewardship program, FIVE KEYS shall:
a. Maintain the Site and farm related activities in an organized and visually appealing manner and shall minimize the impacts of the utilization of the Site on neighbors, including restricting noise impacts and limiting operation to reasonable day-time hours. All vehicles related to the program, including staff, participants, consultants and deliveries shall be parked on the Site.
b. All program activities shall be conducted within the boundaries of the Site.
c. Foster and maintain open communication with the CITY and respond, in a timely manner, to any concerns, issues or complaints associated with the program.
d. Maintain the front yard/front porch in accordance with the CITY property maintenance standards, as determined in the discretion of the CITY.

FIVE KEYS shall be required to obtain a building permit for any structure over 120 square feet.
e. Details of the temporary structures shall be submitted to the City before installation. Five Keys is responsible for obtaining the applicable building permits for all temporary structures. Changes to the conceptual site plan will require city approval.
f. FIVE KEYS shall not allow any person to live in, or spend the night at, the Property. The Site shall not be open to the public and access shall be limited to FIVE KEYS personnel and participants only. CITY shall have the right to access the Property and Site at any time. g. No special events shall take place on the Property without CITY prior approval.
h. FIVE KEYS shall immediately notify the CITY of any damage to the Property.
i. FIVE KEYS shall reimburse CITY for fifty percent (50%) of the water, refuse, sewer and electricity bills paid by the CITY. Reimbursement shall

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3 be on a quarterly basis. This Amendment No 1 shall automatically terminate upon failure of FIVE KEYS to pay CITY the full amount of an invoice within 30 days of CITY’s mailing of the invoice. j. Indemnification
(a) Indemnification for Professional Liability. When the law establishes a professional standard of care for FIVE KEYS’ services, to the fullest extent permitted by law, FIVE KEYS shall indemnify, protect, defend, and hold harmless CITY and any and all of its officials, employees, and agents (“INDEMNIFIED PARTIES”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs to the extent the same are caused in whole or in part by any negligent or wrongful act, error, or omission of FIVE KEYS, its officers, agents, employees, or subconsultants (or any entity or individual that FIVE KEYS shall bear the legal liability thereof) in the performance of professional services discussed in this Amendment No. 1. (b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, FIVE KEYS shall indemnify, defend, and hold harmless CITY, and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of services discussed in this Amendment No 1 by FIVE KEYS or by any individual or entity for which FIVE KEYS is legally liable, including but not limited to officers, agents, employees, or subconsultants of FIVE KEYS. (c) General Indemnification Provisions. FIVE KEYS agrees to obtain executed indemnity agreements with provisions identical to those set forth herein from each subconsultant or any other person or entity involved by, for, with, or on behalf of FIVE KEYS in the performance of the services discussed in this Amendment No. 1 or use of the Property or the Site. In the event FIVE KEYS fails to obtain such indemnity obligations from others as required here, FIVE KEYS agrees to be fully responsible according to the terms of this section. Failure of CITY to monitor compliance with these requirements imposes no additional obligations on CITY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend CITY as set forth here is binding on the successors, assigns, or heirs of FIVE KEYS and shall survive the termination of this Amendment No. 1. Nothing in this indemnity shall be construed as authorizing any award of attorney’s fees in any action on or to enforce the terms of this

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4 Indemnity or Amendment No. 1. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. k. Insurance. Prior to any use by FIVE KEYS of the Property or the Site, FIVE KEYS shall obtain, and thereafter maintain for the duration of this Amendment No. 1, insurance coverages meeting the following specifications:

General liability insurance. FIVE KEYS shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount, not less than $ 1,000,000.00 dollars per occurrence, $ 2,000,000.00 dollars general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability.

Workers’ compensation insurance. FIVE KEYS shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $ 1,000,000.00 dollars). FIVE KEYS shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.

Proof of insurance. FIVE KEYS shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation.

Insurance certificates and endorsement must be approved by CITY prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this Amendment No 1. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. FIVE KEYS shall procure and maintain for the duration of the AMENDMENT NO. 1 insurance against claims for injuries to persons or damages to property, which may arise from or in connection with use of the Property, use of the Site, or the performance of this AMENDMENT NO. 1 by FIVE KEYS, his/her/its agents, representatives, employees, or subconsultants. If this AMENDMENT NO. 1 involves construction, FIVE KEYS must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

CITY’s rights of enforcement. In the event any policy of insurance required under this AMENDMENT NO. 1 does not comply with these specifications or is canceled and not replaced, CITY has the right but not

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5 the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by FIVE KEYS or CITY will withhold amounts sufficient to pay premium from FIVE KEYS’s payments.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY.

Notwithstanding the foregoing, XCU insurance shall have a rating of at leastB-VI.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AMENDMENT NO. 1 shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow FIVE KEYS or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. FIVE KEYS hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). FIVE KEYS acknowledges and agrees that any actual or alleged failure on the part of CITY to inform FIVE KEYS of noncompliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

Specifications not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of anytype.

Notice of cancellation. FIVE KEYS agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability policies. Coverage available to the

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6 additional insured shall be primary and non- contributory.

Agency’s right to revise specifications. CITY reserves the right at any time during the term of the AMENDMENT NO. 1 to change the amounts and types of insurance required by giving FIVE KEYS ninety (90) days advance written notice of such change.

Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Selfinsurance will not be considered to comply with these specifications unless approved byCITY.

Timely notice of claims. FIVE KEYS shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from FIVE KEYS’s performance under this AMENDMENT NO. 1, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. FIVE KEYS shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

4. CITY shall:
a. Grant access to the Property and Site to FIVE KEYS staff and participants on an as-needed basis to facilitate land management, farming operations, maintenance, and field related learning. b. Collaborate with FIVE KEYS to provide a field-based learning environment for EAT! Cultural Center students.
c. Foster and maintain open communication with FIVE KEYS staff regarding any concerns, issues, or complaints associated with the program at the Site.

5. TERM:
a. The term of this Amendment No. 1 shall be for one (1) year from the date of approval by the City Council. This Amendment No 1 may be terminated by either party for any reason, with or without cause, upon service of ninety (90) days prior written notice.

IN WITNESS, WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed the date approved by the City Council.

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7 FIVE KEYS SCHOOLS AND PROGRAMS EAT!
By:
____________________________________
Signature
____________________________________
Print Name and Title

CITY OF NORCO
____________________________________
Greg Newton, Mayor
ATTEST:
___________________________________
Dana Roa, CMC City Clerk
APPROVED AS TO FORM:
_________________________________
Harper & Burns, LLP
City Attorney
By:

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EXHIBIT "A"

PROPOSAL

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Page 309 of 310 ends

City Council

STAFF REPORT
Date: October 19, 2022 Agenda Item:

6.A.

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

Continuance of a Public Hearing for Code Amendment 2022-06, adopting the 2022 California Building Standard Codes.

RECOMMENDATION:

Continue the Public Hearing to amend Title 5 "Buildings and Construction" to adopt the 2022 California Building Standard Codes to November 2, 2022 SUMMARY:

A public hearing was advertised to adopt an Ordinance of the City Council of the City of Norco, California, adopting the 2022 California Building Standard Codes, by amending Norco Municipal Code Title 15 “Buildings and Construction”: Chapters 15.01 “Administrative Provisions”; 15.02 “Building Code”; 15.03 “Electrical Code”; 15.04 “Mechanical Code”;15.05 “Plumbing Code”;15.06 “Housing Code”;15.07 “Residential Code”;15.08 “Green Building Code”;15.10 “Existing Building Code”;15.13 “Administrated Code”; and 15.14 “Energy Code”. It is recommended that the City Council continue the public hearing to the next regular meeting of November 2, 2022.

BACKGROUND:

RELATIONSHIP TO STRATEGIC PLAN:

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney

Page 310 of 310 ends

Norco City CouncilOctober 19, 2022

Norco City Council
October 19, 2022