ITEM QUANTITY UNIT
DESCRIPTIONOF ITEMS
WITH UNIT PRICE WRITTEN
INWORDS
UNIT
PRICE IN
FIGURES
TOTAL
13. EA.
Remove Existing Tree (13”-24")
at
Per Each
$.,7,700 $ /5, 500
EA.
Remove Existing Tree (25”+) at
?égr f?gg, fgggé ?at ?ggg/14
mgm 5 Per Each
$ %W0 $/7,000
15. 900 L.F.
Remove Existing Equestrian
Trail Fence at
F/.,:. 2 2::
Per
Linear Foot
$/5 $ /3,500
16. 170 L.F.
Remove Existing C.L.F. at
Per
Linear Foot
$/5 $3,550
17. 35 L.F.
Remove Existing Block Wall at
_Qa.c_[LeLa&c.L_
_.4Z4z[a:s_j‘
Per
Linear Foot
$13/00 $ 3,500
18. EA.
Remove Existing Catch Basin
at
_tii‘_»<?m44:aae;_
gag/aw; Per Each
$ $ /3,000
19. 1,350 TON
Construct 2.5” A.C. (B-PG 64-
10) Pavement at
£44 @4144/Zé
?zezfa 4/gz/agg
Per Ton
$ /H $/49,350
P-12
ITEM QUANTITY UNIT
DESCRIPTION OF ITEMS
WITH UNIT PRICE WRITTEN
IN WORDS
UNIT
PRICE IN
FIGURES
TOTAL
20. 810 TON
Construct 1.5”A.C. (C2-PG 64-
10) Pavement at
_?¢Zm.
Per Ton
$/// $ 8?, 7/0
21. 45 L.F.
Construct Variable Height A.C.
Berm at
T3,. : 2
Per
Linear Foot
$30 :5I, 350
22. 675 S.F.
Construct 4" A.C. (C2-PG 64-
10) Driveway at
_4
Per Square Foot
s #5050
23. 1,200 S.F.
Construct 6" P.C.C. Driveway
at
7%/5,5542 dg?ggg
Per Square Foot
$ /5, W0
24. 4,200 S.F.
Construct Residential Driveway
Approach per City of Norco
Std. Dwg. No. 240 at
?g zgg 44/45
Per Square Foot
25. 4,000 SF.
Construct Residential Driveway
Approach with Equestrian Trail
per City of Norco Std. Dwg. No.
245 at
_f&z¢
Per Square Foot
$5o?,6a9
P-13
ITEM QUANTITY UNIT
DESCRIPTION OF ITEMS
WITH UNIT PRICE WRITTEN
IN WORDS
UNIT
PRICE IN
FIGURES
TOTAL
26. 4,400 L.F.
Construct 6" Integral Curb and
Gutter per City of Norco Std.
Dwg. No. 200, Type “C”at
V?[2 Q2122/S
Per
Linear Foot
$37 $/I/£300
27. 90 L.F.
Construct 2" High Modified
Rolled Curb per City of Norco
Std. Dwg. No. 205 at
777/' 1/ 62/
Per
Linear Foot
:93,330
28. 100 LF.
Construct Curb Transition per
City of Norco Std. Dwg. No.
215 at
7%/5%; 26 Val 42//5:55
Per
Linear Foot
$37 $ 3,700
29. 65 S.F.
Construct 4" P.C.C. Sidewalk
per SPPWC Std. Plan No. 112-
2 & 113-3 at
V: a
Per
Square Foot
$// $ 7/5
30. EA.
Construct P.C.C. Curb Ramp
per SPPWC Std. Plan No. 11-
5, Case A, Type 2 at
mza2¢}
d?
gg/[45 Per Each
$ /5,400
P-14
ITEM QUANTITY UNIT
DESCRIPTION OF ITEMS
WITH UNIT PRICE WRITTEN
IN WORDS
UNIT
PRICE IN
FIGURES
TOTAL
EA.
Relocate Existing Little Free
Library at
r 6
__zZa[[aLrsT
Per Each
as3,600 $ 3,000
32. 32 EA.
Relocate Existing Mailbox at
#%j
Per Each
$ HM $ /,7,8&0
33. 10 EA,
Relocate Existing Water Meter
and Box at
an xmgmé
__¢a?aa;________
Per Each
$ 5, 000 355016190
34. EA.
Remove and Salvage Existing
C.L.F. Swing Gate, Re-install
on New C.L.F. at
an%
_:c[eZA2.gsT
Per Each
$ 4/mm $ 8,000
35. EA.
Relocate Existing Traffic Signal
Pull Box at
52¢; /?ugmgzé
Z;/ezlazsj
Per Each
$5, 6290 $ 5, 000
36. 1.400 L.F.
Construct P.V.C. Equestrian
Trail Fence per City of Norco
Std. Dwg. No. 706 at
52%, £11; 5/g[[4gg
Per
LinearFoot
$ 77,000
P-15
ITEM QUANTITY UNIT
DESCRIPTION OF ITEMS
WITH UNIT PRICE WRITTEN
INWORDS
UNIT
PRICE IN
FIGURES
TOTAL
37. 400 C.Y.
Construct D.G. Equestrian Trail
per City of Norco Std. Dwg. No.
700 at
j4
?
Per Cubic
Yard
as/75 $ 70,000
38. 200 L.F.
Construct C.L.F. at
F/' aw
Per
Linear Foot
$50 s M, 000
39. EA.
Construct C.L.F. Swing Gate at
_7Z1Lc¢_?mm4azL. _
Per Each
$ 3, 000 $ 5, 000
40. EA.
Construct Catch Basin No. 1
per RCFCD Std. Dwg. No.
CB100 at
Per Each
$.20,000 $30,000
EA.
Construct Curbside Grating
Catch Basin with Depressed
Driveway Curb per SPPWC
Std. Plan No. 303-4 at
mma&_
ézlal?azsj
Per Each
s070,006 $24 0/0
42. EA.
Reconstruct Top of Existing
Catch Basin per City of Los
Angeies Std. Plan S-343-1 at
7'/) /rgg/1 ?gagaad
ffzg £4524/zg? 44114;;
Per Each
/3}500
,,77,&00
P-16
ITEM QUANTITY UNIT
DESCRIPTION OF ITEMS
WITH UNIT PRICE WRITTEN
INWORDS
UNIT
PRICE IN
FIGURES
TOTAL
43. LF.
Construct 18” R.C.P. (2000D)
Linear Foot
s/, 000 $ 5,000
44. L.F.
Construct 24” R.C.P. (ZOOOD)
at
LmL.
__4’2/z0Lrsj____
Per
Linear Foot
$ /,€00 $ (0,000
45. EA.
Construct Concrete Collar per
SPPWC Std. Plan No. 380-4 at
_E014r_£éL444&z2L
gdaléazxj
Per Each
$ 4,000 $§,0oo
46. 360 S.F.
Construct Local Depression
No.2 per RCFCD LD 201,
Case Per Plans at
Per Square Foot
$30 as/0, 800
47. 150 S.F.
Construct Local Depression per
SPPWC Std. Plan No. 313-4,
Type Per Plans at
We
Per Square Foot
$30 $ t/, 500
48. L.S.
Signing, Striping and Loop
Detectors at
Per Lump Sum
$27,000 $27,000
P-17
TEMESCAL AVENUE IMPROVEMENTS- 6TH STREET TO 7TH STREET
(BID ITEMS 1-48)
STREET IMPROVEMENTSSUBTOTAL AMOUNT
$ /47;; mo
STREET IMPROVEMENTSSUBTOTALAMOUNT INWORDS
*L0rLa7»Ly scum
f/vmsazu/2//41;: am05/23/2023 ONYX PAVING COMPANY, INC.
Dated Bidder Name
COREY R. KIRSCHNER -
' CEO, PRES, VP, SEC, TREA.
Signature
NOTE: The unit price must be written in words and aiso shown in figures. The total price must be extended for each item of work and the total ofall items inserted in the space provided.
P-18
PROPOSAL
INWITNESS WHEREOF, BIDDERexecutes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this 23rd day of May , 2023.
BDDER ONYX PAVING COMPANY, INC.
COREY R. KIRSCHNER — CEO, PRES, VP, SEC, TREA.
Subscribed and sworn to this 23rd day of May , 2023.
NOTARY PUBLIC
(PLEASE SEE ATTACHED) [ By ‘
COREY R. KlRSCHNER — Title CEO, PRES, VP, SEC, TREA,
AGENCY acknowledges that this proposal was received and opened at the time and in the place specified, and that itwas accompanied by the required guarantee in the amount of 10 percent of the total bid.
By /
COREY R. KIRSCHNER - Title CEO, PRES, VP, SEC, TREA.
P-19
CALIFORNIAJURAT WITH AFFIANT STATEMENT GOVERNMENTCODE § 8202 See Attached Document (Notary to cross out lines 1-6 below) El See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) X
X
Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individualwho signed the documentto whichthis certificate is attached, and not the truthfulness,accuracy,or validityof that document.
State of California Subscribed and sworn to (or affirmed) before me CGun ty 0 f Orange on this 23 day of May , 20 23 ,
by Date Month Year
(1) Kart}12.Kizxchn./2V
(and (2) ),
Namelé} of Signerly’ 1-
-
' NOWY
CARLY
”“b“"C"'"°"“‘
BREDAL E
g proved to me on the basis of satisfactory evidence 3 com(3n'?s'l?§nC?T4’2sze ‘ to be the person(x ) who appeared before me.
MyComm. ExpiresMar 28, 2027
Signature Z
Si ature of Notary Public
Seal
Place Notaiy Seal Above
j ET‘ OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
©2014 NationalNotaryAssociation- www.Nationa|Notary.org- t-800—USNOTARY(1-800-876-6827) Item #5910
?§fER§NCES
PROJECTNAME:CITYWIDEASPHALTREPAIRSPROJECTFY21/22
PROJECTDESCRIPTION: CITYWIDESTREETIMPROVEMENTS
APPROXIMATECONSTRUCTIONDATES:FEB2022 - NOV2022
CONSULTINGCOMPANY:CITYOF DANAPOINT- 33282 GOLDENLANTERN,DANAPOINT,CA92529 CONTACTPERSON:SCOTTFISHER760-814-7226
ORIGINALCONTRACTAMOUNT:$1,595,000.00
FINALCONTRACTAMOUNT.’$1,314,878.59
IF FINALAMOUNTIS DIFFERENTFROMORIGINALAMOUNT,PLEASEEXPLAIN: FIELDQUANTITIESDIFFEREDFROM BID
SCHEDULEQUANTITIES
DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU?NO
PROJECTNAME:PALISADESPAVEMENTREPAIR,CC-O7
PROJECTDESCRIPTION: PAVEMENTREPAIR
APPROXIMATECONSTRUCTIONDATES:SEP 2022
AGENCY:CITYOF LAGUNANIGUEL- 30111 CROWNVALLEYPARKWAY,LAGUNANIGUEL,CA 92677 CONTACTPERSON:JEFFMETZ949-362-4344
ORIGINALCONTRACTAMOUNT:$292,000.00
FINALCONTRACTAMOUNT:$199,999.65
IFFINALAMOUNTIS DIFFERENTFROM ORIGINALAMOUNT,PLEASEEXPLAIN:FIELDQUANTITIESDIFFEREDFROM BID SCHEDULEQUANTITIES.
DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU?NO
PROJECTNAME:2021-2022PAVEMENTREHABILITATIONPROJECT
PROJECTDESCRIPTION: VARIOUSPAVEMENTREHABILITATION8:CONCRETEIMPROVEMENTS APPROXIMATECONSTRUCTIONDATES:NOV 2022 - MARCH2023
AGENCY:CITYOFARCADIA-240 W. HUNTINGTONDR,ARCADIA, CA 91007 CONTACTPERSON:JANBALANAY626-254-2726
ORIGINALCONTRACTAMOUNT:$1,727,000.00
FINALCONTRACTAMOUNT:$1,899,698.72
IFFINALAMOUNTIS DIFFERENTFROMORIGINALAMOUNT,PLEASEEXPLAIN: AGENCYHADADDITIONALSCOPESOF WORK.
DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU?NO
ONYXPAVINGCOMPANY,INC.
2890 EASTLACRESTAAVE,ANAHEIM,CA92806 -— TEL(714) 632-6699-FAX(714)632-1883
PROJECTNAME:2020 RESIDENTIALSTREETREHABILITATION PROJECT PROJECTDESCRIPTION: CITYWIDESTREETIMPROVEMENTS
APPROXIMATECONSTRUCTIONDATES: JULY2021 - NOV2021
AGENCY:CITYOFSOUTHELMONTE- 1415 SANTAANITAAVE,SOUTHELMONTE,CA91733 CONTACTPERSON:OKANDEMIRCI- 714-319-6137
ORIGINALCONTRACTAMOUNT: $614,000.00
FINALCONTRACTAMOUNT:$706,010.03
IFFINALAMOUNTIS DIFFERENTFROMORIGINALAMOUNT,PLEASEEXPLAIN: SCOPESOfWORKADDEDBY AGENCY
DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU?NO
PROJECTNAME:RESIDENTIALSTREETPAVEMENTREHABILITATIONPROJECT,AREA8 PROJECTDESCRIPTION: STREETIMPROVEMENTS
APPROXIMATECONSTRUCTIONDATES:JULY2022 — on 2022
AGENCY:CITYor DOWNEY— 11111BROOKSHIREAVE,DOWNEY,CA90241 coNTAcT PERSON:DESIGUTIERREZ562-622-3468
ORIGINALCONTRACTAMOUNT:s3,227,oo.oo
FINALCONTRACTAMOUNT:$3,553,442.43
IFFINALAMOUNTIS DIFFERENTFROMORIGINALAMoUNT,PLEASEEXPLAIN: FIELDQUANTITIESDIFFEREDFROM
BIDSCHEDULEQUANTITIES
DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU?NO
PROJECTNAME: SOBOBASTREETRESURFACINGPROJECT
PROJECTDESCRIPTION: STREETREHAEIILITATION ANDRECONSTRUCTION APPROXIMATECONSTRUCTIONDATES:AUG2022 - OCT2022
AGENCY:RIVERSIDECOUNTYTRANSPORTATIONDEPARTMENT— 3525 14"‘STREET,RIVERSIDE, UL92507 CONTACT PERSON:TRAINGUYEN951-9616363
ORIGINALCONTRACTAMOUNT:S1,272,000100
FINALCONTRACTAMOUNT:$1,160,284.10
IFFINALAMOUNT ISDIFFERENTFROMORIGINALAMOUNT,PLEASEEXPLAIN: FIELDQUANTITIESDIFFEREDFROM
BIDSCHEDULEQUANTITIES
omTHEAGENCYFILEANYCLAIMSAGAINSTvoI.9‘III9‘ PAVINGCOMPANY’ ""9 2890 EASTLACRESTAAVE,ANAHEIM,CA92806 — TEL(714) 632-6699 — FAX(714)632-1883
PROJECTNAME:2019/20ARTERIALANDMINORSTREETSMAINTENANCEPHASE2 PROJECTDESCRIPTION: CITYWIDESTREETIMPROVEMENTS
APPROXIMATECONSTRUCTIONDATES:DEC2021 - NOV2022
AGENCY:CITYOFRIVERSIDE- 3900 MAINST,RIVERSIDE, CA92501
CONTACTPERSON:STEVENHOWARD951-826-5311
ORIGINALCONTRACTAMOUNT:$4,585,000.00
FINALCONTRACTAMOUNT:$4,558,151.40
IFFINALAMOUNTIS DIFFERENTFROM ORIGINALAMOUNT,PLEASEEXPLAIN: FIELDQUANTITIESDIFFEREDFROMBID
SCHEDULEQUANTITIES
DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU?NO
PROJECTNAME:FY2021-22 ANNUALROADWAYREHABILITATIONANDSIDEWALKREPAIR PROJECTDESCRIPTION: VARIOUSSTREETIMPROVEMENTS
APPROXIMATECONSTRUCTIONDATES:JUNE2022 - SEP2022
AGENCY:CITYOFTUSTIN- 300 CENTENNIALWAY,TUSTIN,CA92780
CONTACTPERSON:JOANNWU 714-573-3157
ORIGINALCONTRACTAMOUNT:$2,442,000.00
FINALCONTRACTAMOUNT:$2,413,734.93
IFFINALAMOUNTIS DIFFERENTFROMORIGINALAMOUNT, PLEASEEXPLAIN: FIELDQUANTITIESDIFFEREDFROM BIDSCHEDULEQUANTITIES.
DIDTHEAGENCYFILEANVCLAIMSAGAINSTYOU?NO
I I I I
I I I I
ONYXPAVINGCOMPANY,INC.
2890 EASTLACRESTAAVE,ANAHEIM,CA92806 - TEL(714) 632-6699 — FAX(714)632-1883
LARGEPROJECTREFERENCES
PROJECTNAME:CULVERDRIVEIMPROVEMENTSFROMWALNUTAVENUETOI-5 FREEWAY PROJECTDESCRIPTION: STREETIMPROVEMENTS
APPROXIMATECONSTRUCTIONDATES:SEPT2022 - JAN 2023
CONSULTINGCOMPANY:CITYOFIRVINE- 6427 OAKCANYON,IRVINE,CA92618 CONTACTPERSON:FARHADBOLOURCHI 949-724-6689
ORIGINALCONTRACTAMOUNT:$1,677,000.00
FINALCONTRACTAMOUNT: $1,701,308.59
IFFINALAMOUNTIS DIFFERENTFROM ORIGINALAMOUNLPLEASE EXPLAIN: FIELDQUANTITIESDIFFEREDFROMBID
SCHEDULEQUANTITIES
DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU?N0
PROJECTNAME:PHASING6A- RESIDENTIAL STREETREHABILITATION PROJECTDESCRIPTION: STREETIMPROVEMETNS
APPROXIMATECONSTRUCTIONDATES:
CONSULTINGCOMPANY:CITYOFLAMIRADA- 15515PHOEBEAVE,LAMIRADA,CA 90638 CONTACTPERSON:ERICVILLAGRACIA562-902-2373
ORIGINALCONTRACTAMOUNT:$4,242,000.00
FINALCONTRACTAMOUNT: $4,524,646.67
IFFINALAMOUNTISDIFFERENTFROMORIGINALAMOUNT,PLEASEEXPLAIN: SCOPESOFWORKCHANGEDBYAGENCY DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU?NO
PROJECTNAME:ROCHESTERAVENUEPAVEMENTREHABILITATION
PROJECTDESCRIPTION: STREETIMPROVEMENTS
APPROXIMATECONSTRUCTIONDATES:MARCH2022-AUG2022
AGENCY:CITYOFRANCHOCUCAMONGA- 10500CIVICCENTERDRIVE,RANCHCUCAMONGA, CA91730 CONTACTPERSON:ROMEODAVID909-774-4070
ORIGINALCONTRACTAMOUNT:$1,727,000,00
FINALCONTRACTAMOUNT:$1,714,733.75
IFFINALAMOUNTISDIFFERENTFROMORIGINALAMOUNT,PLEASEEXPLAIN: FIELDQUANTITIESDIFFEREDFROMBID
SCHEDULEQUANTITIES
DIDTHEAGENCYFILEANYCLAIMSAGAINSTYOU?N0
ONYXPAVINGCOMPANY,INC.
2890 EASTLACRESTAAVE,ANAHEIM,CA92806 - TEL(714) 632-6699 — FAX(714) 632-1883
BEEEBENCES
GENERALCONTRACTORS: JOBSPERFORMED: LOCATION: AMOUNT;
FuilmerConstruction Centerpointe Moreno Valley $3,187,914.00 1725 5.GroveAve. sycamoreBus. Park Riverside $999,708.00 Ontario,CA91761 HiiiwoociHoferRanch Ontario $603,600.00 Ph:909-9479467 interchange A-E SanBernardino $1,283,615.00 Fax:909-947-2970 San MichelleLogistics MorenoValley $670,674.00 Contact:CaseyJones Terra Francesco Ontario $524,216.00
KCSWest, inc. BPRefinery Maintenance ShopCarson $896,357.00 901 corporate Ctr, Dr, 3" fir
Monterey Park,CA9174
Ph:323-269-0020
Fx:323-263-4576
Contact: MatthewVawier
GMCEngineering,Inc. Edison Romoiand $1,623,480.00
1401 Warner Ave
Tustln, CA92780
Ph:760-744-133
Fx:714-247-1041
Contact: Gennady
LusardlConstruction FEDEX- Otay Mesa San Diego $1,335,530.00 1570 Lindavista Dr. Team Nissan Oxnard $669,075.00
San Marcos,CA92064 Edge at Campus ElSegundo $541,385.00 Ph:760-744-3133 Carmax Oxnard $606,443.00
Fax:760-744-9064 Seabridge Oxnard $329,460.00
Contact ScottSialey
ONYXPAVINGCOMPANY,INC.
2890 EASTLACRESTAVE,ANAHEIM,CA92806 ~ TEL(714)632-6699— FAX(714) 632-1883
HansenCompany, LLC
12302ExposltlonBlvd
LosAngeles,CA90064
Ph:310-820-1200
Fx:310-820-1225
Contact:ChrisFahey
ARCONatlonalConstructionCo.
900 N.RockHIIIRd
St.Louis,MO63119
Ph:314-963-0715
Fx:314~963~7114
Contact:ChrisWllson
Gran!GeneralContractors
5051AvenldaEnclnas
Cartsbad,CA92008
Phi760-438-7500
Fx:760-438-3056
Contact:Pete Burrows
EmpirePoloClub Indlo
Scannell FEDEX Burbank
WhlmerArea Community
Church
CrevlerBMW SantaAna
ONYXPAVINGCOMPANY,INC.
Whittier
$1,036,745.00
$1,125,958.00
$625,920.00
$30,600.00
2890 EASTLACRESTAAVE,ANAHEIM,CA92806 ~ TEL(714)632-6699 - FAX(714) 632-1883
ASEHALTRUBBERHOTMIXREFERENCES:
GENERALCONTRACTORS: JOBSPERFORMED: LOCATION: AMOUNT:
GMCENGINEERING, INC. KatellaAve.St. Impvov LosAlamllos $120,000.00 1401WarnerAve,SteB. VarlousPro)ecIs
Tustln,CA92780
Ph:714-247-1040
FX:7141474041
Contact:GennadyChlzlk
R.DOLSONCONSTRUCITON, INC. LldoHouseHoke! NewportBeach $193,105.00 2955 MainStreet, 3" ?oor
Irvlne,CA92614
Ph:949-474-2001
Fx:949474-1534
Contact:Jeremy Dunn
IFYOUHAVEANI/QUESTIONS, PLEASEFEELFREETOCONTACTCOREYK/RSCHNERAT714-632-6699ORVIAEMAILAT COREY@ONY)(PAI/lNG.NET
ONYXPAVINGCOMPANY,INC.
2890 EASTLACRESTAAVE,ANAHEIM,CA92806 — TEL(714)632-6699— FAX(714) 632-1883
ONYXPAVINGCOMPANY,INC
2890 E. LACRESTAAVE
ANAHEIM,CA92806
PHONE:(714)632-6699
FAX: (714) 632-1883
PRESIDENT: COREYR.KIRSCHNER
BANK: BANKOFTHEWEST
INSURANCEAGENT:WOODGUTMANN8: BOGART
SURETYAGENT:
C E E :
MATICHCORP.
ALI.AMERICAN
KELTERITECORP.
VULCANMATERIALSC0.
GE ER CNTRCT EE
FULLMERCONSTRUCTION
BYROM-DAVEY, INC.
PACIFICCONST.GROUP
ER|CKSON~HALLCONST.CO.
CREDITREFERENCES
DATEESTABLISHED 1/4/90
TYPEOFWORK- ASPHALTPAVING
CORP.TAXID.II33-0394344
CONTRACTORS LIC.II630360-/I
14029SPRINGWATERLN.EASTVALE, CA92880
4501 E.LAPALM/\AVENUE, ANAHEIM,CA92807
PHONE:(714) 777-9620 BRYANPLOESSEI.
15901REDHILLAVE.,STE.100,TUSTIN, CA92780
PHONE:(714)824-8384 MICHIIELTRAN
TURNERSURETVANDINSURANCEBROKERAGE, INC.
5 HUTTONCENTRE,STE.730,SANTAANA,CA92707
PHONE:(714)915-4032 JEREMYPENDERGAST
P.O. BOX10,HIGHLAND, CA92346
P.O. BOX2229,CORONA,CA92878
12231 PANGBORNAVE.DOWNEV, CA
16013 E.FOOTHILLBLVD,IRWINDALE, CA91702
E .
1725S.GROVEAVE,ONTARIO, CA91761
13220EVENINGCREEKDR.SOUTHII103,SANDIEGO
17895 SKYPARKCIR.,IRVINE, CA92614
500 CORPORATEDR.,ESCONDIDO, CA92069
ONYXPAVINGCOMPANY,INC.
(909)382-7400Steve Matlch
(951)736-7600Carl
(562)40143011Gladys
(858)530-9414 Debble
(909)947-9467CaseyJones
(858)513-7199Steve Davey
(949)748-1500MarkBundy
(760)796-7700JusllnSimon
2890 EASTLACRESTAAVE,ANAHEIM,CA92806 - TEL(714)632-6699- FAX(714)632-1883
ERlCKSON—HAl.L CONSTACO. 500 CORPORATEDR.,ESCONDIDO,CA92069 (760) 796-7700 Justin Sinnott RESUME
Corey Kirschnerhas over 20 years of experience both as an estimator and CEO‘Corey is an experienced estimator and lead a majority of those years being the Chief Estimator before becoming CEOand President of Onyx Paving Company, Inc. Over the short period of time here at Onyx Paving, Corey has completed over 3,000 paving projects, allowingthe company to gross over $50 million dollarsin the previous year.
Jay Kirschner,Senior Project Manager, holds a Bachelor's Degree from Chapman University and has 7 years of experience upholdingthe maintenance supervisor and lead estimator position for Onyx Paving. He leads our team, with the project managers under his direct supervision, in managing our productions and coordinating our field mobilizations for all projects.
Tyler Henry, FieldSuperintendent, serves as the core of all field related matters. He has over 20 years of paving experience performing jobs that stretches from San Diego County to Ventura County. Tyler has been with Onyx in completing all of our Public Works projects. Overseeing the on-site laborers, cement masons, and operating engineers is one of his many responsibilities.
BACKLOGALLOCATION:
Corey Kirschner,Jay Kirschner,and Tyler Henry oversee 100% of all current project in attached backlog.
ONYX l’AVlNG COMPANY, WC.
2890 EASTLACRESTAAVE, ANAHElM,CA 92806 - TEL(714) 63243699 — FAX(714) 632-1883
Corey
l<irschner
CEO/President
Jacl<son
Hulse .
Senior Project Manager] ield Su erintendent
Key individual Responsibilities:
Corey Kirschner
— Manage overall operations and resources of company
- Decision maker of corporation
Jackson Hulse
- Leadproject management team with organization
- Overseeing overallproject scheduling, budgeting, and dispatching on all projects - Main point of communications between company and agencies Tyler Henry
- Lead and manage on-site labors and operators
- Coordinate daily operations and project production
~ Ensuring project quality expectations are met
ONYXP/\VlNGCOMPANY, INC.
2890 EASTLACRESTAAVE, ANAHEiM,CA92806 ~ TEL(714) 632-6699 — FAX(714) 6324883
Q onyx mvmacomm, mo.
' Licenseii630360~ DIRfl1000004798
UNANiMoUs wmrrnucowsnuror
runnonnnor nmncrronsor
ONYXPAVINGCOMPANY,INC.-
(etCaliforniacorporation)
October28,2020
Theundersigneddirector,constitutingtheentireboardofdirectors (the“Bo.-ml“)of OnyxPavingCompany,1110., aCaliforniacorporation(the“Colp6araIiorr"), herebytakesthe followingactions,adoptsthefollowingresolutions, andttamaoisthefollowingbusiness,by writtenconsent withoutAmeeting,asof thedateabovewritten,pursuanttoSection307(b)ofthe GeneralCorporationLawoftheStateofCaliforniaandtheCorporationBylaws:
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WHEREAS,Corey KirschnerisoturentiytheCorpora_iiolt's Citief?xecutivo Olf?cer, andChiefFinancialOfficer(the“Of/leer")withauthorityto enterintocontractsonbehalfofthe Corporation
WHEREAS,theCorporationopportunitiesfromtimeto timetobidonyoriotts govemmcntni andnon-governmental ptojecte;
WHEREAS, a?ercarefulcomidemrion,theBoardhasdeterminedthatthe terms and conditionsof the proposedprojectin the formof the bidattachedheretoas gmmn (the "Pr‘o}ecl’)arejustandequitableandfair asto theCorporationandthatitisinthebestinterests oftheCorporationanditsstockholderto submitthe bidandcompietoheProjectsubjectto the termsagreeduponbytheparties
NOW,THEREFORE,BEITRESOLVED,theBoardonbehaifoi‘ theCorporation herebyapproves andrati?estheProjectinallrespects,andherebyauthorize anddirectthe Corporetiontonegotiate,execute,deliverandperformthetenirsofattdocuments, requiredin connectionwiththeProject,ogetherwithsuchchangestheretoasmaybeapprovedbythe Oiiicerexeeutingthesameonbehaif of theCorporation(pursuanttotheauthorization provided herein).suchapprovaloftheOfticertobeconclusivelyevidencedbyitsexecutionanddelivery _ ofsame.
RESOLVEDFURTHER,thatthe Of?oermay executeanddeliverany andall agreementsandanyandallotherdocumentsandinstruments,andtakesuch?nther actionsas maybenecessaryorappropriate, forthe?nancingoftheCorporation. . RESOLVEDFURTHER. that the Of?ceris herebyauthorized, directed,and empoweredto exeottteanddeliveranyandallagreementsandanyandallotherdocuments and instruments,and takesuch iixrtheractions as may be necessaryor appropriate,for the consummation oftheProject.
2890EastLaCrestaAve,Anaheim, CA92806— PH:(714)632-6699~ BX(714)63’)-i 883
RESOLVEDFURTHER,that the Officer,in thenameoftl? conaora?on. ishereby~ authorized,directed,andempoweredto negotiate,executeanddeliverto#6'.|PP1-i‘-W‘ °°"1““‘ thatinxtrunronts asmaybe PW, 61.1)’and all documents withrespectto the3Project and o _ '
isauthorized fromtimeto reasonablyrequested,andtheO?iearonbehalfoftheCprpomtlon timeto executereiiowalsorextensionsorotherinsiruzhentoasmaybeuec6d3£l‘Y-‘ RESOLVED FURTHER, thattheauthorityglveuhmundershallbedeemedretroactive andanyandallnewauihorized hereunderperformedpriorto the.passageofihisresolutzonare herebyrati?edanda,f?rined_. ‘
TheSecretaryofiheCor-porationisdirected to ?letheoziginaiexecuted copyofthis ConsentwiththemihutesofproceedingsoftheCorporation.
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_ siaiemeniof Information
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CA-1
CONTRACT AGREEMENT
CITY OF NORCO
TEMESCAL AVENUE IMPROVEMENTS - 6TH STREET TO 7TH STREET
1. Parties and Date.
This Agreement is made and entered into this 19th day of July, 2023 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 Onyx Paving Company, Inc., a corporation with its principal place of business at 2890 E. La Cresta Avenue, Anaheim, CA 92806 (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 “TEMESCAL AVENUE IMPROVEMENTS - 6TH STREET TO 7TH STREET” on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in constructing street improvements for 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 “TEMESCAL AVENUE IMPROVEMENTS - 6TH STREET TO 7TH STREET” (“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 “TEMESCAL AVENUE IMPROVEMENTS - 6TH STREET TO 7TH STREET". 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.
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3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend 60 working days. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
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 Public Works, or his 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 Corey R.
Kirschner–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,
CA-3
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.
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 sub-contractors 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
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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.
3.2.9.1 Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.
3.2.9.2 Minimum Requirements. 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 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 $2,000,000 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 $1,000,000 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.
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(v) BUILDERS RISK (Course of Construction) insurance in an amount equal to the completed value of the project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an existing building.)
(vi) CONTRACTORS POLLUTION LIABILITY (Unless waived in
writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is required for all environmental and water remediation work and for all work transporting fuel. Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is also required for demolition, renovation, HVAC, plumbing or electrical (including, without limitation, lighting) work on any structure built prior to the year 1990.) insurance with limits of liability of not less than the following:
$1,000,000 per occurrence or claim
$2,000,000 general aggregate per annual policy period
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Should this Contract involves any lead based, mold or asbestos environmental hazard, either the Automobile Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract.
In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.
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
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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 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. The Contractors Pollution Liability insurance policy shall be written on either an occurrence form, or a claims-made form. The General Liability (including ongoing operations and completed operations), Automobile Liability and Contractors Pollution Liability insurance policies shall name City, its officers, officials, employees and agents as an additional insured. 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 Builders Risk (Course of Construction) insurance policy shall be endorsed to name the City as a loss payee. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to 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. If Contractor maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by Contractor.
Claims-Made Policies – If any coverage required is written on a claimsmade 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 claims-made 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.
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(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 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, subconsultants, 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.
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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.
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-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 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-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 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,
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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 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
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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.
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:
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Contractor:
Onyx Paving Company, Inc.
2890 E. La Cresta Ave
Anaheim, CA 92806
Attention: Corey R. Kirschner - President
City:
City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Director of Public Works
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.
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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.
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.
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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 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.
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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.
Name of Contractor: Onyx Paving Company, Inc.
*By:
________________________________________________
Signature
________________________________________________
Name and Title
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST
BE NOTARIZED
OWNER: CITY OF NORCO, a municipal corporation
*By:
________________________________________________
Robin Grundmeyer - Mayor
ATTEST:
________________________________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
________________________________________________
Colin Burns, City Attorney
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EXHIBIT A
TEMESCAL AVENUE IMPROVEMENTS - 6TH STREET TO 7TH STREET The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated project. The general items of work to be done hereunder consist of pavement reconstruction, construction of curb & gutter, adjustments to manholes and valve covers, storm drain improvements, construction of equestrian trail and fence, signage and striping, and all appurtenant related work to the satisfaction 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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EXHIBIT B
Proposal Document
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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:
TEMESCAL AVENUE IMPROVEMENTS - 6TH STREET TO 7TH STREET The general items of work to be done hereunder consist of:
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated project. The general items of work to be done hereunder consist of pavement reconstruction, construction of curb & gutter, adjustments to manholes and valve covers, storm drain improvements, construction of equestrian trail and fence, signage and striping, and all appurtenant related work to the satisfaction of the City Engineer.
(hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated ___________________, (hereinafter referred to as the "Contract"), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof.
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
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abide by, and well and truly keep and perform the covenants, conditions and 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 _________, 2023.
PRINCIPAL/CONTRACTOR:
_________________________________
By: ______________________________
SURETY:
_________________________________
By: ______________________________
Attorney-in-Fact
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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).
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) ________________________________ ________________________________
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STATE OF CALIFORNIA )
) ss.
COUNTY OF )
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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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:
TEMESCAL AVENUE IMPROVEMENTS - 6TH STREET TO 7TH STREET The general items of work to be done hereunder consist of:
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated project. The general items of work to be done hereunder consist of pavement reconstruction, construction of curb & gutter, adjustments to manholes and valve covers, storm drain improvements, construction of equestrian trail and fence, signage and striping, and all appurtenant related work to the satisfaction 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 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
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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_______________, 2023.
PRINCIPAL/CONTRACTOR:
_____________________________________
By: __________________________________
SURETY:
_____________________________________
By: __________________________________
Attorney-in-Fact
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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).
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 _______________________________
_______________________________
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STATE OF CALIFORNIA )
) ss.
COUNTY OF )
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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GENERAL LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5627
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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9. Description of Project:
TEMESCAL AVENUE IMPROVEMENTS - 6TH STREET TO 7TH STREET The general items of work to be done hereunder consist of:
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated project. The general items of work to be done hereunder consist of pavement reconstruction, construction of curb & gutter, adjustments to manholes and valve covers, storm drain improvements, construction of equestrian trail and fence, signage and striping, and all appurtenant related work to the satisfaction of the City Engineer.
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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(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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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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AUTOMOBILE LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5607
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 policy
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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.
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.
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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)
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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WORKER’S COMPENSATION/EMPLOYER’S LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5607
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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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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W-9 FORM
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City Council
STAFF REPORT
Date: July 19, 2023 Agenda Item:
2.N.
To: Honorable Mayor and City Council Members
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:
Proposition 218 Process and Procedures for Landscape Maintenance Districts 2 & 3 RECOMMENDATION:
Authorize staff to initiate the Proposition 218 process to seek property owner approval for Landscape Maintenance District 2 with a proposed increase of 16%, and Landscape Maintenance District 3 with a proposed increase of 19%.
SUMMARY:
When developing the Landscape Maintenance Districts' (LMDs) Budgets for Fiscal Year 2023-24, it was noted that LMDs 2 & 3 were in a deficit or in a position where reserves are lacking and capital improvement projects (CIP) in the districts can not take place due to the low fund balance. The City Council asked staff to develop recommendations for the upcoming process to bring forward Prop 218 ballot measures to these property owners that if approved would increase the annual assessments to cover the cost for operations and maintenance along with funding the district's CIP.
In addition to these recommendations, staff has included a timeline of events in which the property owners will be informed through the use of various public outreach events, mailers, and other informational materials.
BACKGROUND:
As stipulated in the Landscaping and Lighting Act of 1972, the continuation of an existing maintenance district assessment has to be reviewed and approved each fiscal year. Over the last several years, the Council has reviewed the annual assessments and discussed the continued deficits found in LMDs 2 & 3.
Since the rates in LMD 2 & 3 have been outpaced by costs even with annual escalations based on CPI, there is a need for a property owner ballot process to consider further adjusting the assessment rates to realign revenue with basic expenses. Staff along with
the Assessment Engineer have reviewed the annual engineer reports and have determined the following percentages to meet the needs of each district.
LANDSCAPING MAINTENANCE DISTRICT NO. 2 (WESTERN PACIFIC) LMD 2 is comprised of 217 homes and has a service level deficit. The original trail fencing is deteriorating and in need of replacement. However, the district lacks the funding to complete the fencing capital project. The district also lacks a capital reserve to maintain and replace the amenities in the future.
Staff is recommending that a 16% increase be presented to the property owners for approval. This provides a fix to the service level deficit now and in the future, and allows for these property owners to see new assessment revenues invested in capital improvements in their neighborhood. This option also provides fence replacement on a 20-year cycle and funding of capital reserves to maintain improvements with the assessment per home of $969. This is an increase of $134 from the current year.
The proposed increase shown as follows:
LMD FY 23-24 Annual
Levy
Proposed 16%
Increase
Proposed FY 24-
25 Assessment
2 $835.67 $133.71 $969
LANDSCAPING MAINTENANCE DISTRICT NO. 3 (CENTEX)
LMD 3 is comprised of 82 homes and has a service level deficit. The current annual assessment does not cover current operations and maintenance along with the need to replace the original trail fencing. The fund balance is declining and the district lacks any capital reserves.
Staff is recommending that a 19% increase be presented to the property owners for approval. This provides a fix to the service level deficit now and in the future. It also allows for these property owners to see a near-term improvement with new fencing. This recommendation will create a balanced O&M budget. In addition, it would provide for fence repairs on a 20-year replacement cycle. It does not provide for any additional capital improvement projects or for reserve replenishment with an assessment per home at $1,490. This is an increase of $238 from the current year.
The proposed increase shown as follows:
LMD FY 23-24 Annual
Levy
Proposed 19%
Increase
Proposed FY 24-
25 Assessment
3 $1,251.63 $237.81 $1,489
PROPOSITION 218 TIMELINE
The informational messaging to residents for the Proposition 218 hearings will be conducted through a partnership between the Communications Division and the Facilities and Maintenance Department. The Communications Division will prepare material provided by the Facilities and Maintenance Department and create a cohesive information
effort that also includes the City website. The goal of this effort will be to ensure that every property owner has the information necessary to make a fully-informed decision regarding the proposed assessment measure.
The timeline for the Proposition 218 process will start with an introductory mailer postcard to the residents. This mailer will provide future meeting information along with a brief summary of the process. Staff will also install informational lawn signs at the entrances of each LMD which will have a QR code for residents to scan that will link back to the City's website.
Community outreach will also take place on August 31st where the City will hold an event with Nova Landscape Group at Norco Hills Park. This event will be for both LMD 2 & 3 and will inform residents about the areas that Nova maintains as part of their contract along with the equipment that they use.
In addition, staff will send out FAQ mailers, the ballot with instruction letter, provide a virtual meeting for residents that cannot attend in person, provide another opportunity for a community meeting at City Hall, and a separate mailer reminder for ballots to be turned in. The public hearing date will be set for November 15, 2023, at which time the ballots will be opened and counted for each of the two measures. If the majority of the ballots cast are in favor, the measure passes; if the majority of ballots cast are opposed, the measure does not pass.
Date Task Detail
July 19, 2023 City Council Approval of 218
Hearing Timeline
August 1, 2023 Mailer Save the date for
neighborhood meetings
August 1, 2023 Lawn Signs Installation
August 31, 2023 Touch a Nova Truck At 5pm in Norco Hills Park
September 4, 2023 Mailer FAQ's
September 20, 2023 Set Public Hearing
September 27, 2023 Ballot & Letter Send Out
September 28, 2023 Virtual Meeting
October 16, 2023 City Hall Informational Meeting
October 18, 2023 Mailer Confirmation of ballot
November 15, 2023 Public Hearing/Results Tallied
FISCAL IMPACT:
Within in the Approved FY 2023-24 Operating Budget for Landscape Maintenance Districts 2 and 3, there is a line item with a budget amount of $10,000 to allow the City to conduct the Proposition 218 Hearings.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction No. 3 - Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney
City Council
STAFF REPORT
Date: July 19, 2023 Agenda Item:
2.O.
To: Honorable Mayor and City Council Members
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: City Council
SUBJECT:
Norco Fair Lease and Event Agreement
RECOMMENDATION:
Approve 5-Year Lease and Event Agreement with the Norco Fair Committee for the annual event held at the George Ingalls Equestrian Event Center.
SUMMARY:
This Lease covers a five (5) year period from July 19, 2023 – July 19, 2028, with an extended term of (5) five years based on City Council approval. The event use for the George Ingalls Equestrian Event Center and off-site parking lots shall be for a period of (13) thirteen days. Events include rodeo, bull riding events, Junior Livestock Show & Auction, Labor Day Parade, Family Fun Day, along with other traditional events.
BACKGROUND:
The Norco Fair has been a tradition for over 60 years. The Norco Fair Committee describes themselves as a grass roots group of volunteers, service organizations and non-profits who hold the Norco Fair at the George Ingalls Equestrian Event Center on Labor Day weekend. The Norco Fair Committee is comprised of local volunteers who have demonstrated a successful model that promotes the City’s image and sense of place.
Norco Fair Committee is a non-profit organization dedicated to bringing the community together by celebrating and maintaining the rural lifestyle that Norco cherishes. The organization also donates profits to various non-profits within the City.
The Traditional Norco Fair Events include:
• Amusements for people of all ages
• Eating and drinking concessions
• Retail vendors
• Entertainers
• Rodeo
• Labor Day Parade
• Lawn Mower Races
• Extreme Ranch Rodeo (two-day event)
• Extreme Bull Riding
• Exhibits
• Livestock Show
• Youth Bull Riders
• Youth Fun Day
The proposed new agreement includes updated language, promotional benefits, and current safety requirements that adhere to the traditional events at the Norco Fair. The following updated terms to the agreement include:
• Terms – New Five (5) Year Period (July 19, 2023 – July 19, 2028) • Term – Promotional benefits added in recognition of the City's support for this event. In summary, the City will promote Norco Fair events as specified in the agreement, and Norco Fair Committee will recognize the City's support for the event
• Indemnification/Insurance – Updated language
• Sanitation Facilities – Updated language
• Lessee to provide a strategic plan for setup and break down and offer additional coordination between the Norco Mounted Posse and Norco Fair Committee • Prohibition As To Assignment And Sub Leasing – Updated language • Compliance With Law – New requirement for dress code that limits gang attire, outlaw motor cycle gang cuts, etc.
• Fire Protection – Included new language for American Medical Response and the requirement for Advanced Life Support
• Fire Protection – Special Event Permits (Required by CalFire) with an emergency evacuation plan
• Waiver – Included new language and sample waiver
• Conduct of Rodeo Performance - Updated language including the new Working Animal Protection Act, Norco Municipal Code Ordinance 1090 Chapter 8.09 • The City will sell Fair Buttons at the City Hall front counter, the Fair Committee will hold harmless the City for any loss in revenues or missing buttons for this service As part of the agreed conditions with the Norco Fair Committee, compensation to the City would be as follows:
• City to receive a 2.5% of gross revenues from the Norco Fair Committee event for the rental of the facilities not to exceed $10,000 annually • Direct cost will be paid at fully burdened rate by the Norco Fair Committee • Norco Fair Committee will pay Riverside County Sheriff costs • The City will be reimbursed for all of its direct and third party costs • Refundable security deposit bond of $5,000 for damage and cleaning • $800 Electrical usage charge (average)
FISCAL IMPACT:
The Annual Fee shall be 2.5% of the gross revenues from the Norco Fair, not to exceed $10,000 for each annual event. The Norco Fair Lease revenue will be deposited into the City’s General Fund. Additionally, the City will be reimbursed for certain direct and third party costs as outlined in the agreement.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction #4. Communication and Stakeholder Experience: Enhance the stakeholder experience, engage the community, and build brand awareness through proactive, effective and consistent communication.
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):
7.19.2023 Norco Fair Agreement (5-Year)
CITY OF NORCO
LEASE AND EVENT PROMOTION AGREEMENT
THIS INDENTURE OF LEASE is made and entered into on the day and year as set forth below, by and between the CITY OF NORCO, a municipal corporation of the State of California, hereinafter called “LESSOR” or “CITY”, and the NORCO FAIR COMMITTEE of the CITY of Norco, a non-profit California Corporation, hereinafter called “LESSEE”.
W I T N E S S E T H:
Lessor, subject to the covenants and agreement hereinafter contained by the Lessee to be kept and performed, demises, leases and lets unto said Lessee and Lessee does lease from Lessor those certain premises in the CITY of Norco, County of Riverside, State of California, described as follows:
The real property known as George Ingalls Equestrian Event Center including all arenas, facilities, permanent restrooms, interior parking lots, on and off site, to have and to hold unto said Lessee on the following terms and conditions:
1. TERMS
This Lease covers a five (5) year period from July 19, 2023 – July 19, 2028, with an extended term of (5) five years based on City Council approval. Annual review of the terms and conditions of the lease will be conducted in March of each year.
The event use for the George Ingalls Equestrian Event Center and off-site parking lots listed below shall be for a period of (13) thirteen days with the understanding that based on prior events at the Event Center, will require additional coordination between the Norco Fair Committee and the Norco Mounted Posse. The 13-day period is based on a shared pre-event period of 4 days prior to the Fair for set up and preparation. Each party shall submit a strategic plan of breakdown and setup for each event. This is a required condition of the contract that shall be sent to the City within 30 days of each event. The (13) thirteen days period for the pre and post setup for the event shall meet the following timeline:
• Four (4) days prior to the event date for setup preparation • Five (5) days for the Norco Fair Event/ Labor Day Event • Four (4) days after the event for post cleanup
The George Ingalls Equestrian Event Center and arena footings will be prepared by Lessor prior and during the scheduled events. Lessee will have full control of George Ingalls Equestrian Event Center as defined herein including any and all activities of the park for the duration of the Norco Fair/Labor Day Event. The Veterans Memorial Plaza is excluded from use as part of this agreement.
Lessee shall have sole control of the premises for the term of this Lease and may use said premises solely for the purpose of conducting the NORCO FAIR, said Fair to include amusements for people of all ages, eating and drinking concessions, retail vendors, entertainers, pageant, concerts, horse shows, bull riding, lawn mower races, rodeos style events, exhibits and entertainment. Lessee shall be able to sell alcoholic beverages and allowed to be consumed on said premises during the term of this Lease.
Lessee will have full control of Pikes Peak Park, adjacent Pikes Peak Park parking lot, and the parking lot at California Avenue and 6th Street. Lessee will organize and manage the parking of vehicles during the events.
Lessee recognizes that George Ingalls Equestrian Event Center is a publicly owned facility and shall not refuse admission to any member of the public at large.
In exchange for CITY support, Lessee shall lend positive exposure to the CITY, as reasonably agreed upon. Promotional benefits are noted in Appendix “A”.
2. LESSEE’S CONSIDERATION
Lessee covenants and agrees that it will pay a refundable security deposit bond of $5,000 for damage and cleaning. The security deposit will be refunded if all terms and condition of this Lease are met. Said fees shall be paid no later than July 1st of each year.
Lessee agrees to provide at the request of the Lessor all journals and other accounting records itemizing all gross revenues received for the event. All revenues received may be in the form of cash, check, online or credit card payments and must be submitted 45 days after end of event.
3. CONDITIONS OF LEASE
In lieu of a facility rental fee, Lessee agrees to pay the Lessor 2.5% of the gross revenues from the Norco Fair event, not to exceed $10,000 for each annual event.
Direct costs will be paid at fully burdened rate by Lessee. Examples of direct costs are referenced in (Appendix "B").
The Lessor will waive the flat rate bleacher seat fee during the event. If damage or other costs exceed that of the deposit bond, the Norco Fair Committee will be billed for the difference of all costs.
In lieu of full electrical charges for the use of two Edison electrical meters, an average cost of $800 will be paid by the Lessee. Any exception must be approved by the Lessor.
4. INDEMNIFICATION AND INSURANCE FOR LIABILITY
To the fullest extent permitted by law, Lessee shall hold harmless, defend at Its own expense, and indemnify the City of Norco and its officers, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of lessee or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Norco’s sole negligence or willful acts. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
Lessee further agrees to deliver to Lessor upon the execution of this agreement 60 day prior to its annual event two executed copies of a continuing Commercial General Liability Insurance Policy, to include the use of the George Ingalls Equestrian Event Center and the annual Norco Fair Parade to include any and all activities associated to Norco Fair satisfactory to Lessor indemnifying and holding Lessor, its officers, agents, CITY Council members, CITY employees and Riverside County Sheriff’s Department personnel harmless against any and all claims, in an amount as stated below:
a. Lessee’s general liability policies shall be primary and non-contributory and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that CITY of Norco and its officers, officials, employees, and agents shall be additional insureds, waiver of subrogation and primary and non-contributory endorsements under such policies. When alcohol is being served or sold, it is mandatory that the General Liability Policy include Liquor Liability Coverage. The insurance requirements also apply to anyone hired for the event (e.g., participants, vendors, entertainers, etc.). b. The CITY of Norco reserves the right to increase/decrease, change or eliminate the insurance requirements at any time.
General Aggregate $ 5,000,000
Products-Completed Operation Aggregate $ 5,000,000
Personal & Advertising Injury $1,000,000
Each Occurrence $1,000,000
Liquor Liability $1,000,000
c. This coverage may be provided under one policy or a combination of several policies including excess or an umbrella policy and shall keep the same in full effect and force during the term of this Lease.
d. The carnival concessionaire obtained by the Lessee for the Norco Fair must provide to the Lessor a liability insurance policy that names not only the Lessee as additionally insured but must name the City of Norco as an additionally insured, waiver of subrogation and primary non-contributory endorsements and must satisfy the City of Norco and PERMA requirements.
5. REPAIRS AND MAINTENANCE
Lessee represents that it has inspected and examined the premises and accepts them in their present condition as of the effective date of the term of this lease contingent upon a re-inspection and acceptance to be conducted prior to the annual event term. Lessor agrees that all electrical, plumbing and drainage facilities will be in complete operating condition to allow full utilization of said premises.
Lessee agrees that Lessor shall not be required to make any improvements whatsoever in or upon the premises hereby demised or any part thereof. Lessor agrees to make any repairs deemed necessary to place the facility in a safe operating condition prior to the start of the annual event term. Lessee agrees to make all necessary repairs to said premises during its permitted use if repairs are a direct result of the event.
Lessee further agrees to keep said premises safe and in good condition and order at all times during the annual event term and at the end of each annual event term or at any sooner termination thereof, the Lessee will quit and surrender possession of said premises quietly and peaceably and in as good order and condition as the same at the commencement hereof, reasonable wear, tear and damage by the elements excepted. Lessee further agrees to keep said premises free from all nuisance and dangerous and defective conditions.
Lessee further covenants and agrees to keep at its own expense any and all building grounds and structures clean and free of garbage, refuse and debris. Said cleaning operations shall be properly supervised and subject to the continuing approval of Lessor.
Lessee will furnish on an on-call basis, during the annual event term of Norco Fair, a licensed electrician and plumber to handle any electrical or plumbing problems that may arise as a direct result of the Lessee use. At no time will any major changes be made regarding electrical and plumbing implementation without approval of Facilities and Maintenance Director. The CITY will provide the Lessee a list approved contractors and phone numbers.
Lessee will be responsible for the supervision of all cleaning of the facilities which includes the arena level, holding pens, event enter grounds, Nellie Weaver Hall, The Barn, parking lots, and the surrounding streets. Upon Lessee’s failure to return the facilities back to an acceptable standard, the Lessor shall correct all areas at the sole cost and expense of the Lessee.
6. SANITATION FACILITIES
Lessee agrees to abide by all laws pertaining to sanitation facilities permanent or temporary. Lessee shall meet Riverside County Health Department requirements for sanitation facilities on said premises, during the term of this lease.
Post clean up to include the removal of all equipment, carnival rides, porta potties, fencing, trash, and debris by noon of the fourth (4th) day following the closure of the event. If the Lessee does not remove all items, the Lessor will remove all items at the sole expense of the Lessee.
CITY staff shall have the discretion to require additional toilets and services if needed for the health, safety, and welfare of the public. The service of toilets shall be completed after each large event. Service shall also be completed as needed during the weekly community events for the service of temporary and permanent toilet areas. Lessee further agrees to keep at its own expense, said toilets and those sanitation facilities provided by the Lessor and Lessee clean and continually operational and properly maintained as to necessary supplies. And upon Lessee’s failure to return facilities back to an acceptable standard by Lessee, the Lessor shall correct all areas at the sole cost and expense of the Lessee. The location of each toilet shall be determined by Lessee and agreed upon by the Lessor.
Lessee is required to provide at their own cost, waste disposal containers for the event and roll-off bins as needed for the use of the event. In years past, two (40) yard roll-off bins were utilized.
Post event cleanup to include removal of all equipment, trash, and debris. Said removal to be completed by noon of the third day following the closure of the event.
If the lessee or the Lessor will remove all equipment, trash and debris, at the sole expense of the Lessee.
7. IMPROVEMENTS
Lessee may, subject to prior written approval of Lessor (Director of Facilities and Maintenance), at Lessee’s sole cost and expense, make such changes, temporary alteration or improvements as may be necessary to fit said premises for the purpose stated herein. Improvements of any kind and nature, wherever installed by Lessee, shall remain the property of Lessee, who shall remove the same upon the termination after use, provided that such removal shall be done in such a manner as not to injure or damage the demised premises and provided, further, that should Lessee fail to remove said improvements as above provided, Lessor, at its option, may require Lessee to remove the same. If said Lessee shall fail to remove said improvements after receipt of Notice from Lessor, Lessor may remove the same and dispose of the same as it sees fit, as it shall become the property of the Lessor after
notice. Lessee further agrees that should Lessor remove said improvements as above provided, that Lessee will pay Lessor upon demand the cost of such removal, plus the cost of transportation and disposition thereof.
8. ALCOHOLIC BEVERAGE CONCESSION
All alcoholic beverage concession must be operated following the ABC Guidelines.
The following conditions must be met:
A. At least one representative from the Lessee will be available to check identification cards from those attempting to purchase or in possession of alcoholic beverages. An additional Sheriff will be made available for this purpose if demand exists.
B. The Sheriff’s Department force will be increased at the discretion of the CITY Manager or their designee upon consultation with the Executive Board Members of the Norco Fair Committee in nonemergency situations.
C. Lessee shall provide insurance and a security agreement before the scheduled event. Lessee shall provide this document 45 days prior to the event, or as reasonably agreed upon between the Lessor and Lessee.
9. PROHIBITION AS TO ASSIGNMENT AND SUB LEASING
Neither the demised premises nor any portion thereof shall be sublet, nor shall this Lessee, or any interest therein, be assigned, hypothecated, or mortgaged by Lessee and any such attempt shall be of no force or effect and shall confer no rights upon any assignee, sub-Lessee, mortgagee or pledge.
Lessees must be in possession of a current CITY of Norco “Permit Holder Vendor” business license (Appendix “E”).
Lessees shall provide the Permit Holder Vendor Business License completed information 45 days, or as reasonably agreed upon, prior to event to include but not limited to insurance with endorsements, waivers, CA State Sellers and Health Department Permits. All vendors require insurance whether individual or purchased under event policies. The vendor business license is only required for the lessee to obtain.
10. COMPLIANCE WITH THE LAW
Lessee shall comply with all federal, state and local laws, policies and ordinances pertaining to the operations and activity to be conducted upon said described
premises by Lessee and shall not commit or allow violation of any law or ordinance on said premises.
The Facilities Use Agreement requires that all renters post signs at events open to the public that include the following:
“Norco Fair Committee reserves the right to refuse admittance to anyone wearing clothing that contains inappropriate language, symbols, gang, or crew attire. This includes bandanas, hats, initialed belt buckles, vests, and other gang/crew apparel.”
11. LIABILITY FOR INJURIES TO PERSONAL PROPERTY
Lessor shall not be liable to Lessee or Lessee’s officers, agents, employees, members, guests, vendors, or concessionaires for any damage caused to their persons or property by water, rain, fire storms and accidents, or by breakage, stoppage, or leakage of water, gas, heating, and sewer pipes or plumbing upon, about or adjacent to said premises.
12. LIABILITY FOR PROPERTY DAMAGE TO LESSOR’S FACILITIES Lessee agrees to pay for any and all damages beyond the lump sum payment caused to any facilities, buildings, structures equipment and improvements of Lessor on said described property, if said damages are a direct result of Lessee’s use of the described premises during the lease term. Said payment shall be made within 45 days, or as agreed upon, after receipt from Lessor of an itemized invoice delineating the damage and cost to repair such.
13. INSPECTION BY LESSOR
Lessor’s duly authorized representatives shall have the right at all times to inspect said demised premises to determine whether or not the provisions of the Lease are being complied with by Lessee.
14. POLICE PROTECTION
Lessee shall provide at its own expense law enforcement and police protection which Lessor deems necessary to protect all individuals using the premises for the purpose of which said property is leased along with all structures and improvements on said premises. The Lessee is required to provide the Lessor with a security plan with the Riverside County Sheriff’s Department’s estimated unit costs based on the approved security plan for law enforcement protection required herein under within 45 days of the event. Lessee agrees to pay the Riverside County Sheriff’s Department for said services based on Green Sheet estimates for Sheriff’s staff time by June 1st or reasonably agreed upon. Any costs above deposit will be billed to
Lessee within 30 days of close of event. Any unused portion will be reimbursed back to the Lessee upon verification by Sheriff’s accounting and financial standards.
The Lessee will provide to the Sheriff’s Department its security company documentation showing employees who are working the event and have a current State of California “Guard Card”. If the designated security positions are not filled the Lessee will pay the Riverside County Sheriff’s Department at current green sheet rate for deputies to staff the unfilled positions. All security staff must be employed by a security company, licensed in the State of California; or they must possess a valid current “Guard Card” issued by the State of California; or they must be off-duty peace officers. Security staff will wear a distinctive uniform so that they are easily identifiable by the public. If the security company has armed protection, this must be approved by Lessor and the Riverside County Sheriff’s Department.
The Sheriff’s Department’s staffing will be increase at the discretion of the Sheriff’s Department upon consultation with the Executive Board Members of the Lessee in non-emergency situations. Lessor may at any time during the term of this lease, on reasonable notice require Lessee to provide additional security services at its own expense.
15. PUBLIC WORKS/ ENGINEERING
Lessee is required 45 days prior to the event, or as agreed upon, of each year to provide the Lessor’s designated representative a traffic-handling plan, which the Public Works/Engineering Department must review and determine to be acceptable prior to activity. The approval will include the Public Works/Engineering Department requirements for a plan to move vehicle traffic, in and out of George Ingalls Equestrian Event Center safely, as well as addressing event parking.
16. FIRE PROTECTION/BUILDING/INSPECTION
Lessee shall provide at its own expense fire protection service, and safety services which Lessor deems necessary to protect the improvements, structures, concessionaires, patrons, and participants on said premises during the term of this Lease.
Lessee is required to provide emergency medical services, utilizing American Medical Response (AMR) during all rodeo events. The emergency medical services shall be present at the event start time until the end of the event. Advanced Life Support (ALS) is required for all rodeo events. Lessee is responsible for the fully burdened cost of emergency medical services.
Lessee shall apply for Form 20 – Special Event Permit Application https://rvcfire.org/our-departments/fire-marshal/handouts-and-forms Lessee shall also provide Emergency Evacuation Plan for the entire event area, and arena
configuration requested for the arena and moat extra seating area 45 days prior to the event, or as agreed upon between the Lessor and Lessee.
Any pyrotechnics will require the Lessee fill out Forms 19 and 21:
Form 19 – Riverside County Fireworks Application
Form 21- Pyrotechnics and Special Effects Permit and Form https://rvcfire.org/our-departments/fire-marshal/handouts-and-forms Lessee shall provide and submit applications with diagrams 45 days prior to event, or as agreed upon, with specification for the use of portable Bleaches, Tents, Stages, Lighting or any equipment or props that require a building permit.
Inspections by the Fire and Building and Safety departments are required.
17. PARADE
Norco Fair Annual Parade (See Appendix “B”)
18. RETURN OF PREMISES
Lessee shall return to Lessor the said described premises and all structures and improvements thereon in the same condition as they were at the time of the execution of this Lease, normal wear and tear excepted. A mandatory Pre-Norco Fair Walk-through must take place before the Lessee takes possession of the facility along with a mandatory Post Norco Fair Walk-through taking place prior to the Lessee returning the facility to the Lessor.
19. TERMINATION BY LESSOR
Lessor may terminate this Lease at any time should it be determined by the CITY Council that the public peace, health, safety, and welfare of the citizens of Norco requires cancellation by serving upon Lessee in the manner hereinafter provided, a written notice to terminate, which notice shall be served at least 24 hours prior to the date for termination.
20. DEFAULT
If Lessee shall be in default or fail to perform any of the terms or conditions herein agreed to be kept and performed by the Lessee. Lessor may terminate and end this Lease forthwith and Lessor may enter upon said premises and remove all persons and property therefrom. Lessee shall not be entitled to any money paid hereunder or any part thereof.
21. WAIVER
Lessee shall provide the CITY with signed waivers (See Appendix “D”) for all participants in Norco Fair events including but not limited to livestock events, equestrian events, lawnmower races, performances, and Family Fun Day.
The Lessee is required to obtain the waivers from all participants the day of the event, and before they participate in any activities. The Lessee is required to review all participants’ legal identification cards to determine the correct waiver needed for minors and adults. The signed waivers shall be turned into the Director of Facilities and Maintenance after each event.
22. ATTORNEY’S FEES
Should Lessor bring any legal action for the purposes of protecting or enforcing its rights under this Lease, Lessor shall recover from Lessee in addition to all other relief, its attorney’s fees and court costs if the CITY prevails.
23. TIME OF PERFORMANCE
All covenants must be performed promptly, and payment made on the date herein provided. If any default shall be made in any of the covenants on the part of the Lessee, Lessor may declare said tenancy terminated and may enter upon the premises and repossess the same for which purpose the consent of Lessee is hereby expressly given.
24. CONDUCT OF RODEO PERFORMANCE AND OTHER ANIMAL RELATED
ACTIVITIES
All performances, exhibits, games, and activities shall abide by Norco Animal Control requirements and state, federal, and local laws. Lessee agrees to abide by the Norco Municipal Code Ordinance 1090, Chapter 8.09, Working Animal Protection Act.
25. NOTICES
Any notices that are required hereunder or which either Lessor or Lessee may desire to serve upon the other, shall be writing and shall be deemed served when delivered personally or when deposited in the United States Mail, postage prepaid, addressed as follows:
To: City of Norco
2870 Clark Avenue
Norco, California, 92860
To: Norco Fair Committee
P.O. Box 582
Norco, California 92860
26. SUCCESSORS OF THE PARTIES
This Lease shall bind the successors of the parties hereto unless notice of termination as hereinabove agreed upon is given. Either Party has the right to terminate this lease by written notice 180 days prior to the event. Written notice must be sent by Certified Mail.
IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be executed.
CITY OF NORCO, CALIFORNIA
A Municipal Corporation
By:
________________________
Robin Grundmeyer, Mayor
ATTEST:
________________________
Dana Roa, CITY Clerk
APPROVED AS TO FORM:
________________________
Harper & Burns, LLP, CITY Attorney
NORCO FAIR COMMITTEE
A Non-Profit California Corporation
By:
________________________
President/Representative
By:
_____________________________
Secretary Date
_____________________________
Non-Profit I.D. Number
Appendix “A”
PROMOTIONAL BENEFITS
To increase awareness and support the success of the Norco Fair event(s) held at the Ingalls Event Center, the CITY will:
• Provide 30 days of advertising (one ad) on the Norco Auto Mall Sign at no cost • Provide 30 days of advertising (one ad) on the SilverLakes Freeway Sign at no cost • Provide 30 days of advertising (up to four ads) on the Sixth Street Gateway Sign at no cost
• Place LESSEE-provided 8.5”x11” black and white flyer in CITY utility bill at no cost • Share digital marketing content on official communication platforms at no cost • License the Horsetown USA trademark for event-related promotion at no cost • Install and remove LESSEE-provided banner on Sixth Street at no cost • Provide promotional giveaways for sponsors or dignitaries upon request • The City will sell Fair Buttons at the City Hall front counter, the Fair Committee will hold harmless the City for any loss in revenues or missing buttons for this service.
In exchange for support and in-kind donations, the LESSEE will lend positive exposure to the CITY and will as reasonably agree upon:
• Feature CITY-provided logo on all event promotion and print/digital advertising, including but not limited to direct mail, posters, flyers, event book/program, social media, street signage, banners, website, advertisements and/or where other main sponsor logos are featured
• Feature CITY name in available audio event announcements • Feature CITY flag where other main sponsor flags are featured • Provide four (4) half page full color ads in event book/program at no cost • Provide CITY vendor booth space (up to 10’x20’) for community outreach and/or merchandise sales at no cost, and allow flexible scheduling for set-up and tear-down (i.e., CITY may elect to host a vendor booth for one to four days at its discretion) • Provide high-resolution event photography and videography files at no cost to be used in CITY communication and promotion only (not for resale) It is understood that:
• LESSEE will list the event location as the “Ingalls Event Center” in all advertising/marketing/informational materials and will not use any other variation • LESSEE will provide all advertising/marketing content to CITY. The CITY will not fund or perform graphic design or writing services to produce content. All LESSEEprovided advertising must follow required specifications and feature CITY-provided logo per aforementioned section.
• CITY will provide logo to be used in advertising. LESSEE may not use the official CITY of Norco seal in any other ways/on any other material(s) outside of this agreement per Norco Municipal Code Chapter 2.02.
• CITY will provide banners for display at the Event Center during LESSEE’s events.
• LESSEE must request to use a Horsetown USA trademark before usage. Usage must be in accordance with Norco Municipal Code Chapter 3.70. • The CITY will review marketing content prior to including content in utility bill and/or sharing via the CITY’s official communication platforms. The CITY reserves the right to request changes to content that it deems to be inaccurate, in poor taste or not suitable for families. Requests may include but are not limited to textual and/or artistic changes. The CITY reserves the right to deny a marketing content sharing request if final content is not agreed upon by both parties.
Appendix “B”
Direct Cost Examples
1. Cost associated to utility use.
2. Cost associated to rental of equipment by the City for use during lease event; i.e., traffic delineators, cones, A-Frames
3. Cost associated to unforeseen conditions for repairs or vandalism that exceed that of the security/damage deposit.
4. Cost associated to event for added Public Safety and Emergency Response or services.
5. Cost associated to overtime for City Staff.
6. Cost associated to fully burden rate for staff assigned to event.
7. Cost associated to permits required.
8. Use of water for rides and activities specific to the apparatus needs.
9. Third party cost incurred by the City on behalf of the event lease holder.
Appendix “C”
CONDITIONS OF AGREEMENT
NORCO FAIR PARADE
RESPONSIBILITIES:
The CITY OF NORCO will provide traffic control services to the Norco Fair Committee on the following dates as set forth below. Norco Fair Parade falls each year on Labor Day.
The CITY OF NORCO will make its best effort to provide the deployment for the below events to the NORCO FAIR PARADE COMMITTEE. All deployment will be confirmed by February 1st of each year.
Deployment Details and Staffing:
• PW Superintendent or
• PW Supervisor
• Appropriate number of CITY Crew as determined by the CITY CITY will provide traffic control services that shall consist of directing traffic, providing street closures, equipment for delineation and traffic control, deployment of staff and notices of closure. Parade map and logistics shall cover Sixth Street to include rerouting traffic around the parade staging area and parade route. Final parade map and times shall be established at least sixty (60) days prior to parade date. The CITY will be responsible for providing a parade map, rerouting traffic and cleaning parade route streets. Annually the parade route and map shall be reviewed by both parties for finalization prior to the annual parade.
The CITY shall provide radio communications equipment to all traffic control staff and the CITY shall provide vehicles to transport its traffic control staff to and within the CITY of Norco as necessary. The CITY will maintain at all times standard uniform appearance and grooming requirements during the deployment to distinguish employees from volunteers associated with the operations and administering of the parade.
The CITY will be responsible for providing notices to neighboring agencies, and other jurisdictional governing bodies where applicable (California Highway Patrol, California Department of Transportation, CITY of Riverside, County of Riverside Transportation).
All services to be performed by the CITY OF NORCO under this AGREEMENT shall be based on CITY standards under the control of CITY personnel.
NORCO FAIR will be responsible for insurances, marketing, advertisement, and registration of participants and coordination of volunteers who manage and set-up parade activities and parade area to include distribution of parade floats, horses/rider entries, carriages, bands
and participants. The CITY is not responsible for the parade activities or coordination and supervision.
COMPENSATION:
For consideration of this AGREEMENT all traffic control services shall be provide by the CITY for the annual Norco Fair Parade. The CITY shall assume all financial responsibility for traffic control. Norco Fair shall not pay for any direct cost for support related to traffic control services to include but not limited to traffic delineation; equipment; vehicles and personnel associated to parade.
TERM:
The conditions of this agreement will commence upon execution and will remain in full force and effect as identified in section 1 of the agreement. Written notice of termination of the parade by either party will be given to the other party at least ninety (90) days prior to the effective date of termination.
INDEMNIFICATION AND INSURANCE FOR LIABILITY:
Norco Fair further agrees to deliver to CITY upon the execution of this agreement 60 days prior to its event two executed copies of a continuing Commercial General Liability Insurance Policy with endorsements, specific to parades to conduct the annual Norco Fair Parade to include any and all activities associated to Norco Fair satisfactory to Lessor indemnifying and holding Lessor, its officers, agents, CITY Council Members, CITY employees and Riverside County Sheriff’s Department personnel harmless against any and all claims, in an amount as stated below:
Norco Fair shall maintain commercial general liability insurance for its annual parade as prescribed in section 4 of this agreement.
AMENDMENTS:
The dates of the annual Norco Fair activities may vary each year; affecting the annual parade, therefore, Norco Fair will notify the CITY in writing of such new dates at least nighty (90) days prior to the parade event.
ENTIRE UNDERSTANDING:
This AGREEMENT contains the full and complete understanding between the two parties.
No verbal agreement or conversation with any officer, agent or employee of any party shall affect or modify the terms and conditions of this AGREEMENT.
Appendix “D”
WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19
ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT In consideration of being allowed to participate in CITY of Norco facility rentals, programs, related events and activities, the undersigned acknowledges, appreciates, and agrees that:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
3. I willingly agree to comply with the stated and customary terms and conditions for participation as regards to protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS City of Norco and their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY
UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Name of participant: _____________________________________________ Participant signature: _____________________________________________ Date signed: __________________________________________________ Emergency Contact Information:
Name: ______________________________ ___________________________________ First Last
Address: _______________________ _______________________ ______________ Street CITY Zip Code
Home Number: (______) _____________ Cell Number: (______) ____________________ Relationship: ___________________________________
Appendix “E”
PERMIT HOLDER VENDOR BUSINESS LICENSE
City Council
STAFF REPORT
Date: July 19, 2023 Agenda Item:
2.P.
To: Honorable Mayor and City Council Members
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:
Norco Mounted Posse PRCA Rodeo Lease and Event Agreement RECOMMENDATION:
Approve 5-Year Lease and Event Agreement with the Norco Mounted Posse Committee for the annual PRCA Rodeo held at the Ingalls Equestrian Event Center.
SUMMARY:
This Lease covers a five (5) year period from July 19, 2023 – July 19, 2028, with an extended term of (5) five years based on City Council approval. The event use for the Ingalls Event Center and off-site parking lots shall be for a period of (9) nine days. Events include the PRCA Rodeo, Challenged Children's Rodeo Program, pageant, concessions, and entertainment for a variety of ages.
BACKGROUND:
The Norco Mounted Posse was originally formed in 1964 as the "Norco Mounted Police." The group provided law enforcement services to the community until 1979 when the City incorporated and contracted full-time deputies from the Riverside County Sheriff's Department. Since then, the Mounted Posse continues to work closely with the Norco Sheriff's Department, providing services within the City and surrounding communities.
As the Mounted Posse evolved, it has become an all-volunteer organization. The Posse promotes education and safety among equine enthusiasts as well as non-riding citizens of the community. The Posse organizes, sponsors, hosts and participates in many activities throughout each year including the Norco Mounted Posse Professional Rodeo Cowboys Association (PRCA) Rodeo. The Posse hosts the PRCA rodeo each year in August. This event has attracted thousands of spectators and national sponsors for 36 years and is one of Norco's only PRCA Rodeos.
The Traditional Norco Mounted Posse Rodeo Events include:
• 3 Day PRCA Rodeo
• Pageants
• Drill Team
• Eating and drinking concessions
• Retail vendors
• Entertainers
• Rodeo activities
• Challenged Children's Rodeo Program
• Exhibits
• Rodeo Dance
• Youth Rodeo Program
The proposed new agreement includes updated language, promotional benefits, and current safety requirements for traditional events. The following terms of the agreement include:
• New Five (5) Year Period (July 19, 2023 – July 19, 2028) • Promotional benefits added in recognition of the City's support for this event. In summary, the City will promote Norco Mounted Posse PRCA Rodeo events as specified in the agreement, and Norco Mounted Posse Committee will recognize the City's support for the event
• The Posse to provide a strategic plan for setup and break down and offer additional coordination between the Norco Mounted Posse and Norco Fair Committee • Compliance With Law – New requirement for dress code that limits gang attire, outlaw motor cycle gang cuts, etc.
• Fire Protection – Included new language for American Medical Response and the requirement for Advanced Life Support
• Fire Protection – Special Event Permits (Required by CalFire) with an emergency evacuation plan
• Waiver – Included new language and sample waiver
• Conduct of Rodeo Performance - Updated language including the new Working Animal Protection Act, Norco Municipal Code Ordinance 1090 Chapter 8.09 As part of the agreed conditions with the Norco Mounted Posse, compensation to the City would be as follows:
• City to receive a 2.5% of gross revenues from the Norco Mounted Posse Rodeo event for rental of the facilities not to exceed $10,000 annually • Direct cost will be paid at fully burdened rate by Norco Mounted Posse • Norco Mounted Posse will pay Riverside County Sheriff costs • The City will be reimbursed for all of its direct and third party costs • Refundable security deposit bond of $2,500 for damage and cleaning • $800 Electrical usage charge
FISCAL IMPACT:
The Annual Fee shall be 2.5% of the gross revenues from the Norco Mounted Posse Rodeo, not to exceed $10,000 for each annual event. The Norco Mounted Posse Lease
revenue will be deposited into the City’s General Fund. Additionally, the City will be reimbursed for certain direct and third party costs as outlined in the agreement.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction #4. Communication and Stakeholder Experience: Enhance the stakeholder experience, engage the community, and build brand awareness through proactive, effective and consistent communication.
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):
7.19.2023 Mounted Posse Contract (5-Year)
NMP Signed Contract Draft
CITY OF NORCO
LEASE AND EVENT PROMOTION AGREEMENT
THIS INDENTURE OF LEASE is made and entered into on the day and year as set forth below, by and between the CITY OF NORCO, a municipal corporation of the State of California, hereinafter called “LESSOR” or “CITY”, and the NORCO MOUNTED POSSE RODEO of the CITY of Norco, a non-profit California Corporation, hereinafter called “LESSEE”.
W I T N E S S E T H:
Lessor, subject to the covenants and agreement hereinafter contained by the Lessee to be kept and performed, demises, leases and lets unto said Lessee and Lessee does lease from Lessor those certain premises in the CITY of Norco, County of Riverside, State of California, described as follows:
The real property known as George Ingalls Equestrian Event Center including all arenas, facilities, permanent restrooms, interior parking lots, on and off site, to have and to hold unto said Lessee on the following terms and conditions:
1. TERMS
This Lease covers a five (5) year period from July 19, 2023 – July 19, 2028, with an extended term of (5) five years based on City Council approval. Annual review of the terms and conditions of the lease will be conducted in March of each year.
The event use for the George Ingalls Equestrian Event Center and off-site parking lots listed below shall be for a period of (9) nine days with the understanding that based on subsequent events at the Event Center, will require additional coordination between the Norco Mounted Posse and the Norco Fair Committee. The 9-day period is based on a shared post-event period of 2 days after the Norco Mounted Posse Rodeo. Each party shall submit a strategic plan of breakdown and setup for each event. This is a required condition of the contract that shall be sent to the City within 30 days of the event. The (9) nine-day period for the pre and post setup for the event shall meet the following timeline:
• Four (4) days prior to the event date for setup and preparation • Three (3) days for the Norco Mounted Posse Rodeo
• Two (2) days after the event for post cleanup
The George Ingalls Equestrian Event Center and arena footings will be prepared by Lessor prior and during the scheduled events. Lessee will have full control of George Ingalls Equestrian Event Center as defined herein including any and all activities of the park for the duration of the Norco Mounted Posse Rodeo. The Veterans Memorial Plaza is excluded from use as part of this agreement.
Lessee shall have sole control of the premises for the term of this Lease and may use said premises solely for the purpose of conducting the Norco Mounted Posse Rodeo, including food and beverage concessions, retail vendors, entertainers, pageants, drill team, Cowboy Dance, and the PRCA Rodeo. Lessee shall be able to sell alcoholic beverages that are allowed to be consumed on said premises during the term of this Lease.
Lessee will have full control of Pikes Peak Park, The Turf and adjacent Pikes Peak Park parking lot, and the parking lot at California Avenue and 6th Street. Lessee will organize and manage the parking of vehicles during the events.
Lessee recognizes that George Ingalls Equestrian Event Center is a publicly owned facility and shall not refuse admission to any member of the public at large.
In exchange for CITY support, Lessee shall lend positive exposure to the CITY, as reasonably agreed upon. Promotional benefits are noted in Appendix “A”. Lessee shall include the CITY as part of the Norco Mounted Posse PRCA Committee during the PRCA National Convention. The CITY will be considered “guests of the Norco Mounted Posse” and will be allowed to attend the convention for professional and educational purposes, at the sole cost of the CITY.
2. LESSEE’S CONSIDERATION
Lessee covenants and agrees that it will pay a refundable security deposit bond of $2,500 for damage and cleaning. The security deposit will be refunded if all terms and condition of this Lease are met. Said fees shall be paid no later than July 1st of each year.
Lessee agrees to provide at the request of the Lessor all journals and other accounting records itemizing all gross revenues received for the event. All revenues received may be in the form of cash, check, online or credit card payments and must be submitted 45 days after end of event.
3. CONDITIONS OF LEASE
In lieu of a facility rental fee, Lessee agrees to pay the Lessor 2.5% of the gross revenues from the Norco Mounted Posse Rodeo, not to exceed $10,000 for each annual event. Direct costs will be paid at fully burdened rate by Lessee. Examples of direct costs are referenced in Appendix "B".
The Lessor will waive the flat rate bleacher seat fee during the event. If damage or other costs exceed that of the deposit bond, the Norco Mounted Posse Rodeo will be billed for the difference of all costs.
In lieu of full electrical charges for the use of two Edison electrical meters, an average cost of $800 will be paid by the Lessee. Any exception must be approved by the Lessor.
4. INDEMNIFICATION AND INSURANCE FOR LIABILITY
To the fullest extent permitted by law, Lessee shall hold harmless, defend at Its own expense, and indemnify the City of Norco and its officers, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of lessee or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Norco’s sole negligence or willful acts. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
Lessee further agrees to deliver to Lessor upon the execution of this agreement 60 day prior to its annual event two executed copies of a continuing Commercial General Liability Insurance Policy, to include the use of the George Ingalls Equestrian Event Center to include any and all activities associated to Norco Mounted Posse Rodeo satisfactory to Lessor indemnifying and holding Lessor, its officers, agents, CITY Council members, CITY employees and Riverside County Sheriff’s Department personnel harmless against any and all claims, in an amount as stated below:
a. Lessee’s general liability policies shall be primary and non-contributory and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that CITY of Norco and its officers, officials, employees, and agents shall be additional insureds, waiver of subrogation and primary and non-contributory endorsements under such policies. When alcohol is being served or sold, it is mandatory that the General Liability Policy include Liquor Liability Coverage. The insurance requirements also apply to anyone hired for the event (e.g., participants, vendors, entertainers, etc.). b. The CITY of Norco reserves the right to increase/decrease, change or eliminate the insurance requirements at any time.
General Aggregate $ 5,000,000
Products-Completed Operation Aggregate $ 5,000,000
Personal & Advertising Injury $1,000,000
Each Occurrence $1,000,000
Liquor Liability $1,000,000
c. This coverage may be provided under one policy or a combination of several policies including excess or an umbrella policy and shall keep the same in full effect and force during the term of this Lease.
5. REPAIRS AND MAINTENANCE
Lessee represents that it has inspected and examined the premises and accepts them in their present condition as of the effective date of the term of this lease contingent upon a re-inspection and acceptance to be conducted prior to the annual event term. Lessor agrees that all electrical, plumbing and drainage facilities will be in complete operating condition to allow full utilization of said premises.
Lessee agrees that Lessor shall not be required to make any improvements whatsoever in or upon the premises hereby demised or any part thereof. Lessor agrees to make any repairs deemed necessary to place the facility in a safe operating condition prior to the start of the annual event term. Lessee agrees to make all necessary repairs to said premises during its permitted use if repairs are a direct result of the event.
Lessee further agrees to keep said premises safe and in good condition and order at all times during the annual event term and at the end of each annual event term or at any sooner termination thereof, the Lessee will quit and surrender possession of said premises quietly and peaceably and in as good order and condition as the same at the commencement hereof, reasonable wear, tear and damage by the elements excepted. Lessee further agrees to keep said premises free from all nuisance and dangerous and defective conditions.
Lessee further covenants and agrees to keep at its own expense any and all building grounds and structures clean and free of garbage, refuse and debris. Said cleaning operations shall be properly supervised and subject to the continuing approval of Lessor.
Lessee will furnish on an on-call basis, during the annual event term of the Norco Mounted Posse Rodeo, a licensed electrician and plumber to handle any electrical or plumbing problems that may arise as a direct result of the Lessee use. At no time will any major changes be made regarding electrical and plumbing implementation without approval of Facilities and Maintenance Director. The CITY will provide the Lessee a list approved contractors and phone numbers.
Lessee will be responsible for the supervision of all cleaning of the facilities which includes the event center grounds, The Hall, The Barn, Pikes Peak Park, The Arenas, holding pens, parking lots, and the surrounding streets. Upon Lessee’s failure to return the facilities back to an acceptable standard, the Lessor shall correct all areas at the sole cost and expense of the Lessee.
6. SANITATION FACILITIES
Lessee agrees to abide by all laws pertaining to sanitation facilities permanent or temporary. Lessee shall meet Riverside County Health Department requirements for sanitation facilities on said premises, during the term of this lease.
Post clean up to include the removal of all equipment, porta potties, fencing, trash, and debris by noon of the third (3rd) day following the closure of the event. If the Lessee does not remove all items, the Lessor will remove all items at the sole expense of the Lessee.
CITY staff shall have the discretion to require additional toilets and services if needed for the health, safety, and welfare of the public. The service of toilets shall be completed after each large event. Service shall also be completed as needed during the weekly community events for the service of temporary and permanent toilet areas. Lessee further agrees to keep at its own expense, said toilets and those sanitation facilities provided by the Lessor and Lessee clean and continually operational and properly maintained as to necessary supplies. And upon Lessee’s failure to return facilities back to an acceptable standard by Lessee, the Lessor shall correct all areas at the sole cost and expense of the Lessee. The location of each toilet shall be determined by Lessee and agreed upon by the Lessor.
Lessee is required to provide at their own cost, waste disposal containers for the event and roll-off bins as needed for the use of the event. In years past, two (40) yard roll-off bins were utilized.
Post event cleanup to include removal of all equipment, trash, and debris. Said removal to be completed by noon of the third day following the closure of the event.
If the lessee or the Lessor will remove all equipment, trash, and debris, at the sole expense of the Lessee.
7. IMPROVEMENTS
Lessee may, subject to prior written approval of Lessor (Director of Facilities and Maintenance), at Lessee’s sole cost and expense, make such changes, temporary alteration or improvements as may be necessary to fit said premises for the purpose stated herein. Improvements of any kind and nature, wherever installed by Lessee, shall remain the property of Lessee, who shall remove the same upon the termination after use, provided that such removal shall be done in such a manner as not to injure or damage the demised premises and provided, further, that should Lessee fail to remove said improvements as above provided, Lessor, at its option, may require Lessee to remove the same. If said Lessee shall fail to remove said improvements after receipt of Notice from Lessor, Lessor may remove the same and dispose of the same as it sees fit, as it shall become the property of the Lessor after notice. Lessee further agrees that should Lessor remove said improvements as
above provided, that Lessee will pay Lessor upon demand the cost of such removal, plus the cost of transportation and disposition thereof.
8. ALCOHOLIC BEVERAGE CONCESSION
All alcoholic beverage concession must be operated following the ABC Guidelines.
The following conditions must be met:
A. At least one representative from the Lessee will be available to check identification cards from those attempting to purchase or in possession of alcoholic beverages. An additional Sheriff will be made available for this purpose if demand exists.
B. The Sheriff’s Department force will be increased at the discretion of the CITY Manager or their designee upon consultation with the Executive Board Members of the Norco Mounted Posse in nonemergency situations.
C. Lessee shall provide insurance and a security agreement before the scheduled event. Lessee shall provide this document 45 days prior to the event, or as reasonably agreed upon between the Lessor and Lessee.
9. PROHIBITION AS TO ASSIGNMENT AND SUB LEASING
Neither the demised premises nor any portion thereof shall be sublet, nor shall this Lessee, or any interest therein, be assigned, hypothecated, or mortgaged by Lessee and any such attempt shall be of no force or effect and shall confer no rights upon any assignee, sub-Lessee, mortgagee, or pledge.
Lessees must be in possession of a current CITY of Norco “Permit Holder Vendor” business license Appendix “D”.
Lessees shall provide the Permit Holder Vendor Business License completed information 45 days, or as reasonably agreed upon, prior to event to include but not limited to insurance with endorsements, waivers, CA State Sellers and Health Department Permits. All vendors require insurance whether individual or purchased under event policies. The vendor business license is only required for the lessee to obtain.
10. COMPLIANCE WITH THE LAW
Lessee shall comply with all federal, state and local laws, policies and ordinances pertaining to the operations and activity to be conducted upon said described premises by Lessee and shall not commit or allow violation of any law or ordinance on said premises.
The Facilities Use Agreement requires that all renters post signs at events open to the public that include the following:
“Norco Mounted Posse Rodeo reserves the right to refuse admittance to anyone wearing clothing that contains inappropriate language, symbols, gang, or crew attire. This includes bandanas, hats, initialed belt buckles, vests, and other gang/crew apparel.”
11. LIABILITY FOR INJURIES TO PERSONAL PROPERTY
Lessor shall not be liable to Lessee or Lessee’s officers, agents, employees, members, guests, vendors, or concessionaires for any damage caused to their persons or property by water, rain, fire storms and accidents, or by breakage, stoppage, or leakage of water, gas, heating, and sewer pipes or plumbing upon, about or adjacent to said premises.
12. LIABILITY FOR PROPERTY DAMAGE TO LESSOR’S FACILITIES Lessee agrees to pay for any and all damages beyond the lump sum payment caused to any facilities, buildings, structures equipment and improvements of Lessor on said described property, if said damages are a direct result of Lessee’s use of the described premises during the lease term. Said payment shall be made within 45 days, or as agreed upon, after receipt from Lessor of an itemized invoice delineating the damage and cost to repair such.
13. INSPECTION BY LESSOR
Lessor’s duly authorized representatives shall have the right at all times to inspect said demised premises to determine whether or not the provisions of the Lease are being complied with by Lessee.
14. POLICE PROTECTION
Lessee shall provide at its own expense law enforcement and police protection which Lessor deems necessary to protect all individuals using the premises for the purpose of which said property is leased along with all structures and improvements on said premises. The Lessee is required to provide the Lessor with a security plan with the Riverside County Sheriff’s Department’s estimated unit costs based on the approved security plan for law enforcement protection required herein under within 45 days of the event. Lessee agrees to pay the Riverside County Sheriff’s Department for said services based on Green Sheet estimates for Sheriff’s staff time by June 1st or reasonably agreed upon. Any costs above deposit will be billed to Lessee within 30 days of close of event. Any unused portion will be reimbursed back to the Lessee upon verification by Sheriff’s accounting and financial standards.
The Lessee will provide to the Sheriff’s Department its security company documentation showing employees who are working the event and have a current State of California “Guard Card”. If the designated security positions are not filled the Lessee will pay the Riverside County Sheriff’s Department at current green sheet rate for deputies to staff the unfilled positions. All security staff must be employed by a security company, licensed in the State of California; or they must possess a valid current “Guard Card” issued by the State of California; or they must be off-duty peace officers. Security staff will wear a distinctive uniform so that they are easily identifiable by the public. If the security company has armed protection, this must be approved by Lessor and the Riverside County Sheriff’s Department.
The Sheriff’s Department’s staffing will be increase at the discretion of the Sheriff’s Department upon consultation with the Executive Board Members of the Lessee in non-emergency situations. Lessor may at any time during the term of this lease, on reasonable notice require Lessee to provide additional security services at its own expense.
15. FIRE PROTECTION/BUILDING/INSPECTION
Lessee shall provide at its own expense fire protection service, and safety services which Lessor deems necessary to protect the improvements, structures, concessionaires, patrons, and participants on said premises during the term of this Lease.
Lessee is required to provide emergency medical services, utilizing American Medical Response (AMR) during all rodeo events. The emergency medical services shall be present at the event start time until the end of the event. Advanced Life Support (ALS) is required for all rodeo events. Lessee is responsible for the fully burdened cost of emergency medical services.
Lessee shall apply for Form 20 – Special Event Permit Application https://rvcfire.org/our-departments/fire-marshal/handouts-and-forms Lessee shall also provide Emergency Evacuation Plan for the entire event area, and arena configuration requested for the arena and moat extra seating area 45 days prior to the event, or as agreed upon between the Lessor and Lessee.
Any pyrotechnics will require the Lessee fill out Forms 19 and 21:
Form 19 – Riverside County Fireworks Application
Form 21- Pyrotechnics and Special Effects Permit and Form https://rvcfire.org/our-departments/fire-marshal/handouts-and-forms Lessee shall provide and submit applications with diagrams 45 days prior to event, or as agreed upon, with specification for the use of portable Bleaches, Tents,
Stages, Lighting or any equipment or props that require a building permit.
Inspections by the Fire and Building and Safety departments are required.
16. RETURN OF PREMISES
Lessee shall return to Lessor the said described premises and all structures and improvements thereon in the same condition as they were at the time of the execution of this Lease, normal wear and tear excepted. A mandatory Pre-Norco Mounted Posse Rodeo walk-through must take place before the Lessee takes possession of the facility along with a mandatory Post Norco Mounted Posse Rodeo walk-through taking place prior to the Lessee returning the facility to the Lessor.
17. TERMINATION BY LESSOR
Lessor may terminate this Lease at any time should it be determined by the CITY Council that the public peace, health, safety, and welfare of the citizens of Norco requires cancellation by serving upon Lessee in the manner hereinafter provided, a written notice to terminate, which notice shall be served at least 24 hours prior to the date for termination.
18. DEFAULT
If Lessee shall be in default or fail to perform any of the terms or conditions herein agreed to be kept and performed by the Lessee. Lessor may terminate and end this Lease forthwith and Lessor may enter upon said premises and remove all persons and property therefrom. Lessee shall not be entitled to any money paid hereunder or any part thereof.
19. WAIVER
Lessee shall provide the CITY with signed waivers (See Appendix “C”) for all participants in Norco Mounted Posse Rodeo events including but not limited to livestock events, chute tours, PRCA Rodeo, family and rodeo dance, specialty acts, performances, drill team, pageant, related educational classes, and the Challenged Children’s Rodeo.
The Lessee is required to obtain the waivers from all participants the day of the event, and before they participate in any activities. The Lessee is required to review all participants’ legal identification cards to determine the correct waiver needed for minors and adults. The signed waivers shall be turned into the Director of Facilities and Maintenance after each event.
20. ATTORNEY’S FEES
Should Lessor bring any legal action for the purposes of protecting or enforcing its rights under this Lease, Lessor shall recover from Lessee in addition to all other relief, its attorney’s fees and court costs if the CITY prevails.
21. TIME OF PERFORMANCE
All covenants must be performed promptly, and payment made on the date herein provided. If any default shall be made in any of the covenants on the part of the Lessee, Lessor may declare said tenancy terminated and may enter upon the premises and repossess the same for which purpose the consent of Lessee is hereby expressly given.
22. CONDUCT OF RODEO PERFORMANCE AND OTHER ANIMAL RELATED
ACTIVITIES
All performances, exhibits, games, and activities shall abide by Norco Animal Control requirements and state, federal, and local laws. Lessee agrees to abide by the Norco Municipal Code Ordinance 1090, Chapter 8.09, Working Animal Protection Act.
23. NOTICES
Any notices that are required hereunder or which either Lessor or Lessee may desire to serve upon the other, shall be writing and shall be deemed served when delivered personally or when deposited in the United States Mail, postage prepaid, addressed as follows:
To: City of Norco
2870 Clark Avenue
Norco, California, 92860
To: Norco Mounted Posse Rodeo
P.O. Box 241
Norco, California 92860
24. SUCCESSORS OF THE PARTIES
This Lease shall bind the successors of the parties hereto unless notice of termination as hereinabove agreed upon is given. Either Party has the right to terminate this lease by written notice 180 days prior to the event. Written notice must be sent by Certified Mail.
IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be executed.
CITY OF NORCO, CALIFORNIA
A Municipal Corporation
By:
________________________
Robin Grundmeyer, Mayor
ATTEST:
________________________
Dana Roa, CITY Clerk
APPROVED AS TO FORM:
________________________
Harper & Burns, LLP, CITY Attorney
NORCO MOUNTED POSSE RODEO
A Non-Profit California Corporation
By:
________________________
President/Representative
By:
_____________________________
Secretary Date
_____________________________
Non-Profit I.D. Number
Appendix “A”
PROMOTIONAL BENEFITS
To increase awareness and support the success of the Norco Mounted Posse event(s) held at the Ingalls Event Center, the CITY will:
• Provide 30 days of advertising (one ad) on the Norco Auto Mall Sign at no cost • Provide 30 days of advertising (one ad) on the SilverLakes Freeway Sign at no cost • Provide 30 days of advertising (up to four ads) on the Sixth Street Gateway Sign at no cost
• Place LESSEE-provided 8.5”x11” black and white flyer in CITY utility bill at no cost • Share digital marketing content on official communication platforms at no cost • License the Horsetown USA trademark for event-related promotion at no cost • Install and remove LESSEE-provided banner on Sixth Street at no cost • Provide promotional giveaways for sponsors or dignitaries upon request In exchange for support and in-kind donations, the LESSEE will lend positive exposure to the CITY and will as reasonably agree upon:
• Feature CITY-provided logo on all event promotion and print/digital advertising, including but not limited to direct mail, posters, flyers, event book/program, social media, street signage, banners, website, advertisements and/or where other main sponsor logos are featured
• Feature CITY name in available audio event announcements • Feature CITY flag where other main sponsor flags are featured • Provide four (4) half page full color ads in event book/program at no cost • Provide CITY vendor booth space (up to 10’x20’) for community outreach and/or merchandise sales at no cost, and allow flexible scheduling for set-up and tear-down (i.e., CITY may elect to host a vendor booth for one to four days at its discretion) • Provide high-resolution event photography and videography files at no cost to be used in CITY communication and promotion only (not for resale) It is understood that:
• LESSEE will list the event location as the “Ingalls Event Center” in all advertising/marketing/informational materials and will not use any other variation • LESSEE will provide all advertising/marketing content to CITY. The CITY will not fund or perform graphic design or writing services to produce content. All LESSEEprovided advertising must follow required specifications and feature CITY-provided logo per aforementioned section.
• CITY will provide logo to be used in advertising. LESSEE may not use the official CITY of Norco seal in any other ways/on any other material(s) outside of this agreement per Norco Municipal Code Chapter 2.02.
• CITY will provide banners for display at the Event Center during LESSEE’s events. • LESSEE must request to use a Horsetown USA trademark before usage. Usage must be in accordance with Norco Municipal Code Chapter 3.70.
• The CITY will review marketing content prior to including content in utility bill and/or sharing via the CITY’s official communication platforms. The CITY reserves the right to request changes to content that it deems to be inaccurate, in poor taste or not suitable for families. Requests may include but are not limited to textual and/or artistic changes. The CITY reserves the right to deny a marketing content sharing request if final content is not agreed upon by both parties.
Appendix “B”
DIRECT COST EXAMPLES
1. Cost associated to rental of equipment by the City for use during lease event; i.e., traffic delineators, cones, A-Frames
2. Cost associated to unforeseen conditions for repairs or vandalism that exceed that of the security/damage deposit.
3. Cost associated to event for added Public Safety and Emergency Response or services.
4. Cost associated to overtime for City Staff.
5. Cost associated to fully burden rate for staff assigned to event.
6. Cost associated to permits required.
7. Third party cost incurred by the City on behalf of the event lease holder.
Appendix “C”
CONDITIONS OF AGREEMENT
WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19
ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT In consideration of being allowed to participate in CITY of Norco facility rentals, programs, related events and activities, the undersigned acknowledges, appreciates, and agrees that:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
3. I willingly agree to comply with the stated and customary terms and conditions for participation as regards to protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS City of Norco and their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY
UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Name of participant: _____________________________________________ Participant signature: _____________________________________________ Date signed: __________________________________________________ Emergency Contact Information:
Name: ______________________________ ___________________________________ First Last
Address: _______________________ _______________________ ______________ Street CITY Zip Code
Home Number: (______) _____________ Cell Number: (______) ____________________ Relationship: __________________________________
Appendix “D”
PERMIT HOLDER VENDOR BUSINESS LICENSE
IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be executed.
CITY OF NORCO, CALIFORNIA
A MunicipalCorporation
By:
Robin Grundmeyer, Mayor
ATTEST:
Dana Roa, CITY Clerk
APPROVED AS TO FORM:
Harper &Burns, LLP, CITYAttorney
NORCOMOUNTEDPOSSE RODEO
Secretary Date
5o1c(s> %~ 36:1/9'24
Non-Pro?t |.D. Number
Appendix “C”
CONDITIONS OF AGREEMENT
WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19
ASSUMPTIONOF RISKI WAIVEROF LIABILITYI INDEMNIFICATIONAGREEMENT In consideration of being allowed to participate in CITY of Norco facility rentals, programs, related events and activities, the undersigned acknowledges, appreciates, and agrees that:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and, l KNOWINGLYAND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
Iwillinglyagree to comply with the stated and customary terms and conditions for participation as regards to protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, Iwillremove myself from participation and bring such to the attention of the nearest of?cialimmediately; and, I,for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS City of Norco and their of?cers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES"), WITHRESPECT TO ANY AND ALL ILLNESS, DISABILITY,DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCEOF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITYAND ASSUMPTION OF RISK AGREEMENT, FULLY
UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUTANY INDUCEMENT.
Name of participant:
Date signed: T/IIII momsmoomaoc‘ 961556,
Emer enc Contact Information:
Name;
First Last
Addresszggz Q
Home Number: (
Street CITY
:_)
Relationship: 90 I\/
City Council
STAFF REPORT
Date: July 19, 2023 Agenda Item:
5.A.
To: Honorable Mayor and City Council Members
Prepared By: Michelle Anglin, Community Services Director Department: Community Services
SUBJECT:
Approve Professional Services Contract with RHA Landscape Architects-Planners, Inc. for the Parks and Public Facilities Master Plan Needs Assessment and Amend the FY 23-24 Measure R Budget.
RECOMMENDATION:
Approve Professional Services Contract with RHA Landscape Architects-Planners, Inc. for the Parks and Public Facilities Master Plan Needs Assessment in an amount not-toexceed $225,355; and, appropriate additional funds in the amount of $175,355 from Measure R to the is project.
SUMMARY:
Proposals for professional services for the Parks and Public Facilities Master Plan Needs Assessment were submitted to the City on May 25, 2023, with RHA Landscape Architects-Planners, Inc. providing the most responsive proposal demonstrating the necessary skills, knowledge, resources and experience to perform the services described for the project.
BACKGROUND:
A master plan is a crucial long-term planning document which provides a realistic guide for the creative, orderly development and management of recreation facilities and programs for the City. It is based on the vision that recreation facilities, programs, and open space are important resources within the City of Norco, enhancing community health, enriching the lives of residents, and contributing to a unique community identity and quality of life.
The last Master Plan for Parks, Recreation and Open Space was conducted 25+ years ago under Parks and Recreation Director Ray Odell. It is recommended to update a Parks and Recreation Master plan every 5-10 years, and since the community has experienced growth and adjustments in recreational trends, a Parks and Public Facilities Master Plan
Needs Assessment was approved in the FY 2022-23 Capital Improvement Project budget and is included in the 2022-2026 Strategic Plan.
The Assessment entails taking a systems-wide approach to reevaluating existing recreation services, parks and facilities and identifying potential open space land and facility demands to develop goals, policies, guidelines and achievable strategies to meet the needs of Norco residents into the future. The development of this plan is included as a goal in the City's 2022-2026 Strategic Plan and is anticipated to take up to 18 months to complete.
Master planning is about making the connection between buildings, social settings, and their surrounding environments. Preparation of a Parks and Public Facilities Master Plan is a major endeavor which includes a robust community engagement campaign to assess and analyze data on community needs, priorities, and satisfaction with current amenities and offerings. The plan provides a critical roadmap for future park improvements and enhancements over time, answering questions such as:
• What recreational needs and desires exist and are likely to exist in the future? • How well are the current parks and recreational facilities functioning now, and what are the areas for improvement?
• Are there needs for new amenities, facilities, and parks, and if so, where? • What is the plan to fund and maintain any new or modified facilities over time? A Request for Proposals (RFP) was posted and advertised in the City’s electronic bidding system on March 2, 2023, with no proposals being submitted by the due date of April 5, 2023. A second RFP was released on April 20, 2023, with proposals being submitted on May 25, 2023. A total of two (2) well-regarded companies from Southern California submitted proposals for the Parks and Public Facilities Master Plan Needs Assessment.
The process to select the consultant was not a bidding process, but rather a review of proposals where staff's evaluation and selection was based on the following qualitative criteria set forth in the RFP:
• Demonstrated a thorough understanding of the project. • Expertise and qualifications of project team including experience in performing similar studies for public sector clients.
• Proposed schedule/timeline and projected completion date. • Recent references from comparable clients.
Based on the above criteria, the evaluation panel unanimously selected RHA Landscape Architects-Planners, Inc. for the Parks and Public Facilities Master Plan (see Proposal).
The principals of the expert team include:
• RHA Landscape Architect-Planners, Inc. and Next Practice Partners - Team Leaders
• PBK - Principal Architect
• ETC Institute - Valid Market Research
The RHA Landscape Architects-Planners, Inc. Team has expansive and relevant experience across the necessary topics for a successful transformational project. This local and national team is dedicated to studying Norco's rich history, documenting the present and collaborating with the residents to shape a vision for the future.
Understanding the unique quality of life that Norco offers, their goal is to preserve and enhance it for generations to come. The timing of this project is ideal as the City looks to its past for inspiration while looking to the future for expansion and creating an inclusive community for all current and future residents.
The RHA Landscape Architects-Planners, Inc. Team has a demonstrated track record of successful and implementable plans in rural and semi-rural communities. Staff diligently worked with the RHA Landscape Architects-Planners, Inc. Team to refine the scope of work to best meet the needs of the City.
The previously allocated funding from Measure R in the amount of $50,000, which was originally scoped as a plan for Neil Snipes Park only, is insufficient to support the project that will include parks facilities citywide. Therefore, staff took this item back to the Measure R Committee on Monday, June 28, 2023, and received a recommendation for City Council to appropriate additional funds from the FY 23-24 Measure R budget for the Parks and Public Facilities Master Plan Needs Assessment in the amount $175,355 to ensure there will be sufficient funds for the completion of this project.
The proposal, cost schedule and contract agreement for the Parks and Public Facilities Master Plan Needs Assessment has been provided for Council's review.
FISCAL IMPACT:
The Parks and Public Facilities Master Plan Needs Assessment described herein was approved in the FY 2022-23 Capital Improvement Project Budget in the amount of $50,000 from Measure R. This project was originally limited to a plan for Neil Snipes Park only. That amount allocated is insufficient to support the project, therefore, staff is recommending an additional appropriation in the amount $175,355 from Measure R.
There are sufficient funds available in the Measure R fund balance for the additional appropriation.
RELATIONSHIP TO STRATEGIC PLAN:
The Parks and Public Facilities Master Plan Needs Assessment is consistent with Strategic Plan Direction No. 1 - Public Health, Safety and Wellness: Enhance quality of life by promoting public health, safety and wellness initiatives for all community members.
Action Plan Sub Action No. 6.2 - Assess current recreation programs to determine impact on enhancing health, wellness and quality of life.
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
Fee Schedule
Contract
Proposal for
Community Services, Parks, and Public Facilities Master Plan Presented to the:
June 9, 2023
Prepared By:
6840 INDIANA AVENUE SUITE 100 RIVERSIDE CALIFORNIA 92506 To,
City of Norco
2870 Clark Street
Attn: Michelle Anglin
Ref: Community Services, Parks, and Public Facilities Master Plan RFP Response Norco
Founded in 1923 and incorporated in 1964, Norco, located in Western Riverside County, California, has a fascinating history deeply rooted in small, self-sustaining farms and ranches. Today, Norco is a vibrant Charter City that proudly celebrates its equestrian heritage and serves as a thriving equestrian, sports, and event destination. With its expansive parkland, extensive horse trail network, and world-class event centers, Norco continues to attract millions of visitors each year, offering a unique and unforgettable experience.
The timing for a Community Services, Parks, and Public Facilities Master Plan could not be better as the city looks to its past for inspiration while looking to the future for expansion and creating an inclusive community for all current and future residents. Our team is dedicated to studying the rich history, documenting the present, and collaborating with residents to shape a vision for the future. We recognize the unique quality of life that Norco offers, and our goal is to preserve and enhance it for generations to come.
Our Experience
We are excited to submit our proposal to partner with the City on this transformational project. The team of RHA - Next Practice Partners has a vision to build a more inclusive and innovative world for all and we have assembled a team that shares our values and our mission.
Our team, led by Doug Grove and Neelay Bhatt, has experience with 150+ Park System Master, Strategic and Business Plans from Anchorage, AK to Allentown, PA, and extensive experience in California, specifically Southern California. Our team members have lived and grown up in California and are multicultural and multilingual. Our experiences range from companies such as Disney and Target to national gold medal and award-winning park agencies such as Broward County, FL, Carmel-Clay, IN, Carlsbad, CA, Durango, CO, Gurnee Park District, IL among others.
Our Team
We have assembled a team of experts who are local and national. RHA Landscape Architects-Planners in Riverside is our local team member with national planning leaders, Next Practice Partners in Indianapolis.
This helps us provide the best of local, regional and national expertise to this critical project.
Community Services, Parks, & Public Facilities Master Plan 2 Our Approach
Our entire team is committed to ensuring our approach is the most inclusive planning process for a Community Services, Parks, and Public Facilities Master Plan so that everyone in Norco who wishes to participate has a chance to share their vision for the future. The plan will align with City’s Strategic Plan adopted in 2022, the California Parks and Recreation Society’s (CPRS) Parks Make Life Better campaign and the Commission for Accreditation of Parks and Recreation Agencies (CAPRA) standards.
It should be noted that Doug Grove is the current President of CPRS and has extensive experience with the Parks Make Life Better
campaign. Neelay Bhatt has served on the NRPA Board of
Directors and has led several agencies to CAPRA Accreditation. Jason Elissalde is a CAPRA accreditation visitor and was a key team member with Willamalane Park and Recreation District in achieving their CAPRA Accreditation and in helping them win a National Gold Medal.
With a combination of our team members, your staff, and the community leaders, we will craft an inclusive approach that meets people where they are and incorporates cutting edge technology and innovative practices in this process. We look forward to hearing from you and welcome an opportunity to further share our approach to building this critical piece of the City’s future and provide the diverse community with a new vision to look forward to.
Gratefully,
Doug Grove
President
RHA Landscape Architects-Planners, Inc
6840 Indiana Avenue, Suite 100
Riverside, California 92506
Email: [email protected] / Web: www.rhala.com
Cell: 951-202-2163
Neelay Bhatt
Founder and CEO
Next Practice Partners, LLC.
Email: [email protected] / Web: www.BeNextPractice.com Cell: 740 591 0225
Community Services, Parks, & Public Facilities Master Plan 3 CHAPTER ONE – OUR TEAM
RHA LANDSCAPE ARCHITECTS-PLANNERS INC.
6840 Indiana Avenue, Suite 100, Riverside, California 92506 RHA is headed by two principals: Doug Grove, RLA, ASLA, LEED AP, the firm's president, and Greg Meek, RLA, CPSC. We use a "team" approach under the direction of the firm's principals and its associates. The staff of eight people includes four licensed landscape architects as well as support designers.
Located in Riverside, California and established in 1979, RHA Landscape Architects-Planners offers a wide range of landscape architectural and planning services to assist public agencies and private developers in the design of variety of public spaces and facilities including but not limited to:
• Parks and Recreation Master Plans
• Regional, Community, and Neighborhood Parks
• Government Centers
• Public Office Buildings and Administration Facilities • Preservation of Natural and Historic sites
RHA has completed hundreds of parks and recreation planning projects in California over the past 44 years.
System-wide Master Plans include:
• Parks, Trails, & Open Space Master Plan City of Benicia • Parks & Facilities Master Plan City of Chino
• Park & Recreation Master Plan City of Carlsbad
• Park, Facilities, & Recreation MP Pleasant Hill Rec. & Park District • Park & Recreation Master Plan City of San Clemente
• Parks & Recreation Master Plan City of Cathedral City • Park & Open Space Master Plan City of Temple City
• Needs Assessment & Action Plan City of Carlsbad
• Needs Assessment/Park & Recreation Master Plan Town of Ladera Ranch • Pico Rivera Golf Course Master Plan City of Pico Rivera • Park & Recreation Master Plan City of San Jacinto
• California Citrus State Historic Park General Plan City of Riverside/State of California • Ten Year Master Plan of Parks & Recreation Rim of the World RPD
Community Services, Parks, & Public Facilities Master Plan 4 NEXT PRACTICE PARTNERS
Next Practice Partners, LLC. is a team committed to building a more inclusive and innovative future for all through planning, training, and technology services.
Master Planning + Strategic Planning+ Business Planning We believe innovation is not a by-product, but the very essence of a planning process. We also ensure that
inclusion is not optional but an integral part of our
approach. This combination of innovation and inclusion
fuels our approach to Master Planning, Strategic
Planning, and Business Planning.
We are committed to helping users see their values and
unmet needs reflected in the plans and developing plans that aren’t just pretty pictures (that are unrealistic) but rather living documents that are financially and
environmentally sustainable.
Our team’s background with CAPRA visitors, fluency in
6 languages, and our proprietary digital technologies help us provide the most inclusive community engagement
possible. In addition, we center empathy and equity at the core of our process through our focus on listening,
storytelling, and the user experience.
Your plan will benefit from our experience on 150+ plans from Anchorage, Alaska to Allentown, Pennsylvania so
that your roadmap for the future balances strategic goals and human capital along with infrastructure priorities and political realities.
The Company is newly founded in July 2022 and is headquartered in Carmel, Indiana. Our project team members have close to 100 years of experience in the parks, recreation, and sports industries in addition to working with national Gold Medal agencies. The staff profiled on the following pages will be directly involved in this Master Plan. The Founder & CEO has been a national leader in the parks and recreation industry space having served on the Board of the National Recreation and Park Association, spoken at multiple national conferences and even keynoted the California Recreation and Park Society conference and consulted with parks and recreation / community services agencies all over California and nationwide.
Partnership: The Next Practice Partners team members and RHA have teamed on more than 10 similar parks and recreation projects.
OUR VISION
A more inclusive and innovative
future for all
OUR MISSION
To help communities prepare for
what's next
OUR VALUES
INCLUSION + INNOVATION +
INFORMATION = INSPIRATION
Community Services, Parks, & Public Facilities Master Plan 5 MEET THE PRINCIPALS
DOUG GROVE, RLA, ASLA, LEED AP
President
RHA Landscape Architects-Planners
Education
BS/1985/Landscape Architecture/ Cal State Polytechnic University, Pomona
Active Registration
1987/Landscape Architect/2799/State of California
LEED Accredited Professional – United States Green Building Council (USGBC)
Mr. Grove is a Principal Landscape Architect and LEED Accredited Professional with RHA LANDSCAPE ARCHITECTS-PLANNERS,
INC. He graduated from California State Polytechnic University, Pomona in 1985 and holds a Bachelor of Science degree in Landscape Architecture. He has more than twenty-eight years of experience as a professional Landscape Architect. He brings to the firm a wide range of experience in the public works sector having been personally involved in the design and project management of hundreds of park projects as well as housing development, streetscape, institutional and commercial projects.
Mr. Grove serves on the California Park and Recreation Society (CPRS) State Board of Directors as the President Elect. He also serves on the Board of Directors for the California Turf and Landscape Foundation at the University of California, Riverside and the Building Industry Association (BIA) Riverside County as Secretary. He is a past President of the CPRS State Development and Operations Section and a past Board Member for the United States Green Building Council – Inland Empire (USGBC-IE).
Doug is also an avid mountain biker and spends his free time exploring parks and trails throughout California, Oregon, and Utah.
Relevant past projects include:
• Benicia Parks, Trails, and Open Space Master Plan
• Chino Parks and Facilities Master Plan
• Carlsbad Parks and Recreation Master Plan
• Pleasant Hill Recreation and Park District Parks and Recreation Master Plan • San Clemente Parks and Recreation Master Plan
• Temple City Parks and Open Space Master Plan
• Carlsbad Needs Assessment and Comprehensive Action Plan • Ladera Ranch Needs Assessment/Park and Recreation Master Plan, Ladera Ranch • San Jacinto Park and Recreation Master Plan, San Jacinto
Community Services, Parks, & Public Facilities Master Plan 6 NEELAY BHATT
Founder & CEO
Next Practice Partners
Education
Exec. Education / 2018 / Sr. Executives in State and Local Government / Harvard University MSA 2005 / Masters in Sports Administration / Ohio University MBA / 2004 / Masters in Business Administration / Ohio University PG / 2003 / Post Graduate Diploma in Advertising & Public Relations / University of Mumbai BA/2002/Psychology and Economics / University of Mumbai Mr. Bhatt’s career on five continents includes Disney, The Super Bowl, The Olympics, and years of consulting, public speaking, and training. He champions “Ideas Worth Spreading” as the curator for TEDxCollegePark, TEDxIndianapolis, and TEDxIndianapolisWomen, and his service as a trustee for the National Recreation and Park Association sought to ensure “no child was left indoors.”
As the Founder & CEO of Next Practice Partners, he combines inclusion and innovation to help agencies prepare for “what’s next” through planning, training, and technology solutions. Over his 25-year journey, he has developed business and operations plans for Los Angeles County serving 12 million people, trained Olympic Governing bodies, and co-created the world’s largest municipal customer service and leadership training initiative for Chicago Park District’s 3000 employees.
His Master and Strategic planning work with Atlanta, Broward County, Charlotte-Mecklenburg County, Indianapolis, Las Vegas, and San Diego, among others have recommended facility development and infrastructure improvements totaling over $2.5 billion, shaping a more equitable and accessible future for all. In addition, he has extensively worked all over California including City of San Diego, City of Carlsbad, City of San Clemente, Los Angeles County, Riverside County, City of Chino, City of Pasadena, Temple City, City of San José, City of Fremont, City of Gilroy and many others.
As a first-generation immigrant raised by three women and a father who always showed up, he hopes to model the same for his two kids. These life experiences are woven into his keynotes on next practices and trends, the art of storytelling, and magical customer service, and have inspired executives, professionals, startups, and students from Charlotte to China and from Switzerland to New Zealand.
Community Services, Parks, & Public Facilities Master Plan 7 JASON ELISSALDE
Senior Project Manager
Education
BA/2001/Communication and Media Studies/ Cal State University, Sacramento Mr. Elissalde has 25 years of experience in training, development, and management both in the private and public sectors. Within his work in the public sector with organizations such as Enterprise Rent-A-Car, and Target; Jason would lead multiple teams and processes; receiving awards and commendations for his work in customer service, operational excellence, data analytics, and fiscal growth.
He would finally find his “Why” in his seven-plus years at Willamalane Park and Recreation District, where he was a key part of their National Gold Medal-winning team and take the lead in their, now, successful CAPRA accreditation process. He championed the District’s workplace culture, with a focus on staff development and a “mission” focused approach to problemsolving, goal setting, and personal accountability.
A consultant, a CAPRA accreditation visitor, and a passionate Disney fan (ask him about his Tinker Bell story someday) committed to being an ally for those not in the room, he routinely speaks nationally on workplace culture, change management, purpose-driven leadership, and the importance of developing an emotional connection to the work we do and the communities we serve.
PROJECT ORGANIZATIONAL CHART
Doug Grove President / PM
Neelay Bhatt CEO / PM
Doug Grove President /PM Neelay Bhatt CEO
Lauren McHugh Project Manager Jason Elissalde Project Manager RHA / Next Practice Partners
RHA Landscape Architects Next Practice Partners
Public Outreach, Level of Service,
Demographic & Trends, Maintenance
Plan, Community Needs Assessment,
Financial Plan, Funding & Revenue
Strategies
Existing Condition Analysis, Park
Assessments, Public Outreach, Level
of Service, Cost Estimating, Capital
Improvement Plan
Community Services, Parks, & Public Facilities Master Plan 8 CHAPTER TWO – PROJECT EXPERIENCE
Note: The Next Practice Partners team personnel worked on these projects during their prior employment experience.
CITY OF CARLSBAD, CALIFORNIA
What: Parks and Recreation Master Plan, Park Master Plans and Feasibility Studies and Parks and Recreation Master Plan Update
Who: The Next Practice Partners team along with RHA and ETC Institute Scope:
• Community Input (Focus Groups, Key Leadership
Meetings, Public Forums, Statistically reliable
survey)
• Customized crowdsourcing project website
(www.carlsbadparksplan.com)
• Demographic and Recreation Trends Analysis
• Park and Facility Assessment / Recreation Program
Assessment
• Internal Operational Assessment
• Funding and Revenue Strategies
• Level of Service Standards / GIS Mapping
• Capital Improvement Plan and Priority Rankings
• Detailed Strategic Action Plan
Duration: Multiple Plans from 2013 – Ongoing
Outcomes: Short term, midterm, and ongoing recommendations for day-to-day operational tactics and two signature “ideas”.
1. Development of dedicated pickleball courts, expansion of 3 Community Parks and a Senior Center; increase program participation and greater equity of access.
2. The Department became one of 5 agencies in California to obtain national accreditation through CAPRA (Council for Accreditation of Parks and Recreation Agencies).
3. Currently, the Next Practice Team is updating the 2021 Parks and Recreation Master Plan.
Website: http://carlsbadparksplan.com/pdf/carlsbad-parks-and-recreation-department-master-plan.pdf References: Mr. Kyle Lancaster, Parks & Recreation Director, 799 Pine Avenue, Carlsbad, CA 92008; (760) 434-2941; [email protected]
Community Services, Parks, & Public Facilities Master Plan 9 CITY OF CHINO, CALIFORNIA
What: Parks and Facilities Master Plan
Who: The Next Practice Partners team with RHA, ETC Institute, and WLC Architects Scope:
• Community Input (Focus Groups, Key Leadership Meetings, Public Forums, Statistically valid Survey)
• Crowdsourcing Project Website
• Demographic and Recreation Trends Analysis
• Park and Facility Assessment
• Recreation Program Assessment
• Funding and Revenue Strategies
• Level of Service Standards / GIS Mapping
• Capital Improvement Plan and Priority Rankings
• Visioning and Action Plan
Duration: 2019 – 2021
Outcomes:
Unanimous Council approval
Short term, midterm, and ongoing recommendations for
improvements to existing parks and programs with full park assessments documented in GIS files
1. (Recommended) Dedicated marketing/branding support (including staff position)
2. (Recommended) Focus on long-term sustainability
3. (Recommended) Partner with the City to reenergize the Downtown area
4. (Recommended) Prioritize trail connectivity and increase equity of access
5. (Recommended) Upgrade existing facilities / amenities to enhance the user experience Website: https://chinocreatescommunity.com/technical-reports.html References: Ms. Linda Reich, City Manager; (909) 334-3491; [email protected] Ms. Silvia Avalos, Community Services Director; (909) 334-3434; [email protected] 13220 Central Avenue, Chino, CA 91701
Community Services, Parks, & Public Facilities Master Plan 10 PLEASANT HILL RECREATION AND PARK DISTRICT, CALIFORNIA What: Parks, Facilities and Recreation Master Plan
Who: The Next Practice Partners team with RHA, ETC Institute Scope:
• Community Input (Focus Groups, Key
Leadership Meetings, Public Forums,
Statistically valid Survey)
• Crowdsourcing Project Website
• Demographic and Recreation Trends Analysis
• Park and Facility Assessment
• Recreation Program Assessment
• Funding and Revenue Strategies
• Level of Service Standards / GIS Mapping
• Capital Improvement Plan and Priority Rankings
• Visioning and Action Plan
Duration: 2018 – 2019
Outcomes:
Unanimous District Board approval
Short term, midterm, and ongoing recommendations for
improvements to existing parks and programs
1. Address Winslow Center & School House Sites
2. Build a District Administration Center
3. Determine feasibility of an Aquatic - Multi-purpose Facility / Gym
4. Identify new funding source(s) / Bond
5. Upgrade existing parks
6. More classes for families
7. Time classes so parents can participate with youth / dual target programming
8. Offer childcare for evening programs
9. Seniors can teach classes to youth and young adults
10. Cultural events utilizing all generations
Website: www.pleasanthillrecbigpic.com
References: Ms. Michelle Lacy, General Manager; (925) 682-0896 x618; [email protected]
147 Gregory Lane, Pleasant Hill, CA 94523
Community Services, Parks, & Public Facilities Master Plan 11 CITY OF FREMONT, CALIFORNIA
What: Comprehensive Parks and Recreation Master Plan
Who: The Next Practice Partners team with WRT and ETC Institute Scope:
• Community Input (Focus Groups, Key Leadership
Meetings, Virtual Public Forums)
• Focus Group meeting in American Sign Language
• Multilingual Statistically Valid Survey
o 5 languages
• Online Surveys (English and Spanish)
• Customized crowdsourcing project website
• Community Input App
• Demographic and Recreation Trends Analysis
• Park and Facility Assessment
• Recreation Program Assessment
• Maintenance Management Plan
• Funding and Revenue Strategies
• Level of Service Standards
• Equity Mapping
• Capital Improvement Plan and Priority Rankings
• CAPRA Submittal Review
• Visioning and Strategic Action Plan
Duration: Dec 2019 – Mar 2022
Outcomes: First Master Plan in the 21st Century: unanimously adopted 7-0 by Council First ever stakeholder meeting held entirely in American Sign Language Statistically Valid Surveys in 5 languages; Built multi-lingual website and ADA accessible website
4. (Recommended) 10 min walk access to a park for all.
5. (Recommended) Build Multi-generational, multi-use recreation center(s).
6. (Recommended) Update existing park amenities and diversify funding sources.
7. (Recommended) Increased staffing / contract support for future levels of service Website: https://www.fremont.gov/government/departments/parks-planning-design/park-planning/parksmaster-plan References: Ms. Suzanne Wolf, Community Services Director, (408) 203 9203, [email protected] 3300 Capitol Avenue, Bldg B, Fremont, CA 94538
Community Services, Parks, & Public Facilities Master Plan 12 BROWARD COUNTY, FLORIDA
What: Parks and Recreation System Master Plan
Who: The Next Practice Partners team with Chen Moore, Barth & Associates and ETC Institute Scope:
• Pop. 2 million / Home to Everglades National Park /
• Large Hispanic and Caribbean population
• Community Input (Focus Groups, Key Leadership Meetings, Public Forums, Statistically valid and Online Survey)
• Customized crowdsourcing project website
• Demographic and Recreation Trends Analysis
• Park and Facility Assessment
• Recreation Program Assessment
• Signature Park Series Development
• Funding and Revenue Strategies
• Level of Service Standards / Equity Mapping
• Capital Improvement Plan and Priority Rankings
• Visioning Workshop
• Strategic Action Plan
Duration: November 2019 – May 2022
Outcomes: First ever system-wide Master Plan for the goldmedal winning agency
1. (Recommended) Create a world class and truly
inclusive guest experience
2. (Recommended) Develop specialty parks and
signature elements unique to Broward County (initial
designs provided)
3. (Recommended) Ensure long-term financial
sustainability with dedicated funding
4. (Recommended) Incorporate green initiatives, resilience, and environmental sustainability in all aspects of operations, especially return on investments
5. (Recommended) Pursue National (re)Accreditation and second Gold Medal Award.
Website: https://www.betterparksbetterbroward.com
References: Mr. Dan West, Parks & Recreation Director, (954) 826-2483; [email protected] 950 NW 38th Street, Oakland Park, FL 33309
Community Services, Parks, & Public Facilities Master Plan 13 CHAPTER THREE – WORK PLAN
HOW WILL WE DELIVER
3.1.1 FACILITATE THE MASTER PLAN PROCESS
Our team is committed to lead and partner
with you on the entire plan process. We
operate in a collaborative manner with
ongoing communication and a transparent
process. This will include:
1. Initial Kickoff Meeting
2. Bi-monthly project status meetings
3. Shared folders for collaborative
work
4. Regular milestone presentations for
key findings
5. Communication with Advisory Committee and Council / Commissions, as appropriate
3.1.2 REVIEW EXISTING DOCUMENTATION
We will review and familiarize ourselves with all background information and context provided by staff.
This may include, but is not limited to the following:
• 2022 Strategic Plan
• City-wide ADA Assessment and CASp Report
• Capital Improvement Program Budget
• Fee Schedules
• City Council Goals
• Planning Projects & Specific Plans
• Other relevant background information
3.1.3 DEVELOP COMMUNITY OUTREACH / EDUCATION STRATEGY
The Consulting Team will work with the City to develop a comprehensive approach that is inclusive and innovative to promote the Plan, increase awareness, obtain input and, thus, create community buy-in. We will assist the City with creative ideas for marketing strategies that staff can implement to maximize greater community awareness and engagement.
A. Public Engagement/Advocacy Strategy – The Consulting Team with our internal and partner outreach experts will collaborate with staff to develop a comprehensive, multilingual, in-person and digital outreach and advocacy plan. The goal will be to ensure a fully transparent process and one where we engage the community where they are to ensure anyone who wants to participate in the planning process has an opportunity to do so.
B. Project Storytelling – We believe in the power of storytelling and will help craft a brand identity and story for the Master Plan that the staff and community can advocate and support.
Community Services, Parks, & Public Facilities Master Plan 14 C. Develop Stakeholder List - Ensuring a representative stakeholder mix is critical to the plan process.
We will work with the City to identify key stakeholders and user groups that should be involved in the process.
3.1.4 DEVELOP COMMUNITY DEMOGRAPHICS & TRENDS
To develop a plan, it is essential to understand what the population and the trends for the future are. The Consulting Team will utilize the City of Norco’s projections and supplement using US Census information and census tract data from Environmental Systems Research Institute, Inc. (ESRI), the largest research and development organization dedicated to Geographical Information Systems (GIS) and specializing in population projections and market trends.
This will help identify the demographic makeup of the population being served, their recreation preferences, future changes in the demographics and participation trends. Ultimately, these are foundational data sets to help the city plan for a future based on population shifts, and what recreation trends are occurring.
The analysis uses US 2020 Census information, 2023 (estimates) and future projections for characteristics including age, income, race / ethnicity, gender, health metrics etc.
The ESRI Information will be supplemented by Sports & Fitness Industry Association’s (SFIA) 2022 Study of Sports, Fitness and Leisure Participation, ESRI local market potential, and outdoor recreation trends from the Outdoor Foundation and Tree Equity analysis from American Forests.
In addition, our team will also conduct a Leadership Roadmap to Inclusion workshop for senior team members to ensure the Department leadership understands the principles and elements of inclusion and for each team member to identify their specific action steps as the plan is developed.
3.1.5 DEVELOP BENCHMARK ANALYSIS
A benchmark analysis will be completed to compare Norco’s Community Services Department to five (5) other relevant peer agencies. The Consulting Team can work with the Department to identify the 15 key metrics to be surveyed and analyzed, as well as the benchmarked communities.
3.1.6 PREPARE MAPS OF EXISTING PARKS
The Consulting Team prepare maps on GIS aerial images for each park with data provided by city staff.
3.1.7 ASSESS EXISTING PROGRAMS, EVENTS, & SERVICES
Recreation programs, events, and services are the key tools to bringing the community together, activating facilities and determining future spaces, be it parks or recreation facilities / complexes.
As the Department seeks to serve the Norco community in the best way possible, this assessment reviews how well the offerings are aligned with community values, user demographics, program trends, underserved needs and envisions what future service delivery would look like.
Using staff input, existing data, and nationwide program trends, this process will provide strategies and recommendations for program offerings that are innovative and inclusive.
The eventual goal of this process is to help identify the unmet programmatic needs of the diverse community that the Department serves and the gaps in services currently offered that may be best fulfilled by other service providers.
Community Services, Parks, & Public Facilities Master Plan 15 3.1.8 DEVELOP RECREATION PROGRAM PLAN
The Consulting Team has CAPRA Visitors and former
NRPA Board Members on staff who are well versed with the Commission for Accreditation of Parks and Recreation
Agencies (CAPRA) objectives, methods, and standards. We will ensure the project scope of work is customized with standards incorporated in the Plan, including the recreation programming assessment plan, and make recommendations
on actions to achieve CAPRA certification for the
Department, if desired.
3.1.9 ASSESS ORGANIZATIONAL CULTURE
The Consulting Team will evaluate the staff culture to determine organizational readiness and willingness to move forward on key recommendations that could come from the Plan.
The Consultant Team will organize and develop a staff and workforce engagement survey modeled after the Malcolm Baldridge Quality Assessment Survey titled “Are We Making Progress?” which rates the perceptions of individuals regarding leading issues in the workplace.
This survey assessment will be developed based on the
survey instrument of the Baldridge National Quality
Program, a program of the National Institute of Standards and Technology, which is a component of the U.S.
Department of Commerce. The questions of the survey are designed to assess the nature and degree of engagement in performing the functions and meeting the vision of the
organization.
3.1.10 CONDUCT PUBLIC OUTREACH & ENGAGEMENT
The community’s input and their values shape our approach towards envisioning the future. We believe that the individuals impacted by the plan need to help shape what the plan includes. To that end, we will ensure the most robust public outreach approach shaped by the Public Engagement / Advocacy Outreach plan developed in the initial phase of the plan.
Specific tasks include but are not limited to:
A. Key Leadership / Focus Group / Stakeholder Interviews – The Consulting Team will engage stakeholders, key leaders and staff interviews and discussions through a combination of individual / small group discussions in person and online. We propose to conduct at least 24 interviews over a 2- day period to help identify priorities, unmet needs, and their vision for the future. The list of potential interviewees will be determined based on discussion with City staff and should include, but is not limited to:
Community Services, Parks, & Public Facilities Master Plan 16 • City Elected Officials
• City Staff
• Commissions
• Diverse Community Groups
• Key Business Leaders
• Key Partners
• Local school officials
• Faith based groups
• Users and non-users of the system
• Senior Groups
• Veterans
• Youth Groups
• Youth Sports organizations
B. Multi-lingual Outreach – Our team includes native speakers of multiple languages. and will work with other local experts to ensure a truly inclusive environment where language access is not a barrier to participation.
C. Public Workshops – These meetings are open
to all and will be held in spaces to maximize
community participation. These meetings will
seek community feedback on parks, programs,
events, and other needs in multiple ways and
provide education on the Master Plan process
and its importance to the community.
We propose to conduct six (6) public workshops.
Seek Input:
• Two (2) initial in-person workshops –
with Spanish Language Interpreters
• One (1) virtual workshop – with Spanish
Language Interpretation / Closed
Captioning to share the Master Plan’s
story and obtain initial feedback and ideas for the future.
Share Findings and Draft Recommendations:
• Two (2) in-person workshops – with Spanish Language Interpreters • One (1) virtual workshop – with Spanish Language Interpretation / Closed Captioning Each workshop will have options for live polling through the meeting platform or our digital tools to share input and see results in real time.
D. Youth / Teen Engagement – The Consulting Team will specifically engage youth through an online survey or meeting with Youth / Teen Advisory groups. These surveys and meetings will ensure the future generations in Norco are involved in shaping their future.
Community Services, Parks, & Public Facilities Master Plan 17 E. Multi-lingual Statistically-Valid Survey – The Consulting Team will work with the city hired survey firm to craft the questions for the survey. The survey firm will administer the distribution of the survey and compile all results.
F. Bi-Lingual Electronic Survey – The Consulting Team will also create a bilingual online survey administered in English and Spanish through www.surveymonkey.com. This survey will be promoted through the Project website and the City’s website and promotional mediums to maximize outreach and response rates. These surveys would provide complementary insights to the input obtained from the other public engagement sources and help compare findings from the statistically valid survey.
G. Multi-lingual ADA Accessible Digital Platform - The Consulting Team will develop a customized multilingual, ADA Accessible digital
platform that includes a project
website, live streaming of meetings,
social media engagement and locationbased feedback. This will also share all project updates and milestones to
ensure a transparent and collaborative
process to engage the entire
community, especially ones that may
not participate in meetings. Examples
can be viewed at www.BetterParksBetterBroward.com , www.carlsbadparksplan.com , www.chinocreatescommunity.com , and www.MySBParks.com
This multi-lingual website is key to reaching out to a younger millennial and Gen Z audience that may not traditionally show up at public meetings or respond to surveys.
3.1.11 ASSESS NEEDS & LEVELS OF SERVICE
The in-depth assessment and input collection during the discovery phase will help determine true community priorities and demand / unmet needs. Using information from the community input and the statistically valid survey, the Consulting team will determine the existing Levels of Service for • Access – Assesses an overall 10 min walk access to a park and travel distances to parks and individual facilities such as playgrounds, athletic fields, recreation centers, etc. • Acreage – Measures acreage in a ratio to the community’s population (acres per 1,000). • Amenities – Measures facility capacity in a ratio to the community’s population and comparing against a standard or guideline.
Based on community input, trends, NRPA and CPRS guidelines, staff input and our professional experience, we will develop a recommended Levels of Service standards that will influence strategies for parkland acquisition, park and trail development and enhancement and recreation facilities and programming.
Community Services, Parks, & Public Facilities Master Plan 18 3.1.12 DEVELOP EQUITY MAPPING & GAP ANALYSIS
The Consulting Team will utilize geographic information systems to develop maps that show the service area covered by each park type or amenity types.
This presents an objective tool to determine equity of access and determine true gaps and overlaps.
This will help the City staff take appropriate steps to build, acquire, expand, or divest offerings and ultimately maximize access to parks, trails, recreation amenities and facilities in an equitable manner.
3.1.13 CREATE MISSION, VISION, VALUES, GOALS, & OBJECTIVES The Consulting Team will conduct a Visioning Workshop with staff and participants to co-create the core values and vision for the future. This will include
• Review top priorities needs
• View levels of service and equity of access
• Compare benchmark findings
• Determine Core Values and Guiding Principles
• Establish / update Department’s Vision and Mission
• Share vision and strategies for
o Culture and historic preservation
o Equity and Inclusion
o Environmental Stewardship and Fire Safety
o Financial Sustainability
o Parks and Trails
o Programs and Events
o Marketing and Storytelling
The outcome of this process will be a vision, key goals and strategies for the Department to plan for implementation. The Consulting team will facilitate the process with support from City staff to ensure maximum buy-in and co-creation of the vision.
Community Services, Parks, & Public Facilities Master Plan 19 3.1.14 DEVELOP PRIORITIES
We will utilize priority investment ratings from the community survey to provide priority recommendations and phasing for additions, renovation, redevelopments, replacements, decommissioning, maintenance, and
improvements of existing and proposed parks,
playgrounds, shelters, sport courts, parking
lots, etc. based on research and needs.
A list of all implementation projects including
proposed improvements and renovations will
be provided along with identifying amenities
that should and should not be replaced.
Information from this assessment will be used
to develop the Levels of Service standards and
influence the Capital Improvement Plan for the
master plan.
3.1.15 CAPITAL IMPROVEMENT PLAN INPUT
The Consulting Team will provide items to be added to the city’s Capital Improvement Plan based on data collected during community outreach and master plan development
3.1.16 DEVELOP FUNDING AND REVENUE STRATEGIES
The Consulting Team will assess existing funding sources and provide creative California based funding strategies for acquisition, development, maintenance, and operations. These will be reviewed with staff to determine funding and revenue strategies that are viable and open to implementation.
3.1.17 DEVELOP DRAFT MASTER PLAN
Upon completion and review of the implementation priorities, funding and timelines, the Consulting Team will compile all information into a draft Master Plan document for the staff’s review. Based on staff feedback, the Consulting Team will update the draft plan and then submit for City-wide review and presentations.
3.1.18 PRESENT DRAFT MASTER PLAN
The Consulting Team will present the draft Master Plan to the Community, Staff, Project Steering Committee, City Manager and others, as determined by staff to ensure buy-in for the Plan’s vision and recommendations, and final acceptance by the City Council.
It is envisioned that these presentations will be completed in a hybrid in-person, and virtual format.
3.1.19 DEVELOP & PRESENT FINAL MASTER PLAN
The Consulting Team will develop and present the final Master Plan based on feedback from the various groups and present to the City Council for final approval. The Consulting team will also develop a separate executive summary of the Master Plan report and all documents will be made available in digital format through the project website as well as shared with the staff in pdf copies and print, as required.
Community Services, Parks, & Public Facilities Master Plan 20 PROJECT SCHEDULE
These time frames are estimated based on our experience preparing similar plans for other agencies. We will make adjustments as needed to best fit Norco’s goals and schedule.
Week: 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4
3.1.1 Facilitate the Master Plan Process
3.1.2 Review Existing Documentation
3.1.3 Develop Community Outreach / Education Strategy
3.1.4 Develop Community Demographics and Trends
3.1.5 Develop Benchmark Analysis
3.1.6 Prepare Maps of Existing Parks
3.1.7 Assess Existing Programs, Events, and Services
3.1.8 Develop Recreation Program Plan
3.1.9 Assess Organizational Culture
3.1.10 Conduct Public Outreach and Engagement
3.1.11 Assess Needs and Level of Service
3.1.12 Develop Equity Mapping and Gap Analysis
3.1.13 Create Mission, Vision, Values, Goals, and Objectives
3.1.14 Develop Priorities
3.1.15 Capital Improvement Plan Input
3.1.16 Develop Funding and Revenue Strategies
3.1.17 Develop Draft Master Plan
3.1.18 Present Draft Master Plan
3.1.19 Develop and Present Final Master Plan
Month
18 Month
7 Month
8 Month
9 Month
10 Month
11 Month
12 Month
13 Month
14 Month
15 Month
16 Month
17 Month
6 Month
1 Month
2 Month
3 Month
4 Month
5
City of Norco
Community Services, Parks and Facilities Master Plan Fee Proposal RHA - Next Practice Partners June 9, 2023
Our fee reflects the services outlined in the proposal we believe will achieve the goals for the Master Plan We are very open to discussion with the city to make adjustements needed to fit the city budget $200 $175 $135 $200 $175 $150 $100
FACILITATE MASTER PLAN PROCESS
Kick-off Meeting 7 6 24 8 $ 8,650
Project Management and Progress Reporting 24 16 8 $ 9,400 Subtotal Hours 31 6 - 40 16 - - 93
Subtotal Dollars $ 6,200 $ 1,050 $ - $ 8,000 $ 2,800 $ - $ - TOTAL $ 18,050
EXISTING CONDITIONS ANALYSIS
Review Existing Documentation 8 8 8 $ 4,400
Develop Community Outreach / Education Strategy 2 8 $ 2,000 Develop Community Demographics and Trends 8 24 32 $ 9,000 Develop Benchmark Analysis 4 20 40 $ 8,300
Prepare Maps of Existing Parks 8 145 $ 21,175
Access Existing Programs, Events, and Services 2 12 40 16 $ 11,400 Develop Recreation Program Plan 16 32 16 $ 10,400
Assess Organizational Culture 8 48 40 $ 14,000
Subtotal Hours 16 8 145 60 172 - 144 545
Subtotal Dollars $ 3,200 $ 1,400 $ 19,575 $ 12,000 $ 30,100 $ - $ 14,400 TOTAL $ 80,675
PUBLIC OUTREACH AND ENGAGEMENT
Key Leadership / Focus Group / Stakeholder Interviews 16 16 8 $ 7,800 Multi-Lingual Outreach 12 12 $ 3,600
Public Workshops (4 in person and 2 virtual) 24 24 16 $ 12,400 Youth / Teen Engagement 3 16 8 $ 4,600
Coord Multi-lingual Statistically-Valid Survey w/ city hired company 4 12 12 $ 5,300 Bi-Lingual Electronic Survey 18 40 $ 7,150
Multi-lingual ADA Accessible Digital Platform 130 $ 13,000 Subtotal Hours 47 - - 80 54 - 190 371
Subtotal Dollars $ 9,400 $ - $ - $ 16,000 $ 9,450 $ - $ 19,000 TOTAL $ 53,850
LEVEL OF SERVICE AND CAPITAL IMPROVEMENT PLAN
Assess Needs and Levels of Service 8 24 48 $ 11,200
Develop Equity Mapping and Gap Analysis 1 4 32 $ 5,800
Create Vision, Mission, Values and Objectives 8 20 24 $ 9,800 Develop Priorities 6 16 16 $ 6,800
Capital Improvement Plan Input 12 $ 2,400
Develop Funding and Revenue Strategies 4 4 4 24 24 $ 8,740 Subtotal Hours 39 - 4 68 48 48 72 279
Subtotal Dollars $ 7,800 $ - $ 540 $ 13,600 $ 8,400 $ 7,200 $ 7,200 TOTAL $ 44,740
DRAFT AND FINAL MASTER PLAN
Develop Draft Master Plan 18 16 $ 6,800
Present Draft Master Plan 18 16 16 $ 8,400
Develop and Present Final Master Plan 18 24 16 16 $ 12,840 Subtotal Hours 54 - 24 48 16 - 16 158
Subtotal Dollars $ 10,800 $ - $ 3,240 $ 9,600 $ 2,800 $ - $ 1,600 TOTAL $ 28,040
TOTAL HOURS 187 14 173 296 306 48 422 1,446
TOTAL FEES $ 37,400 $ 2,450 $ 23,355 $ 59,200 $ 53,550 $ 7,200 $ 42,200 TOTAL DOLLARS $63,205 $162,150 $ 225,355
TASK
RHA Landscape ArchitectsPlanners, Inc.
$14,000
$24,175
$9,400
$56,500
$44,450
$7,250 $10,800
$8,340
$14,040
$36,400
TOTAL
Next Practice Partners
CONTRACT AGREEMENT
CITY OF NORCO
COMMUNITY SERVICES, PARKS AND PUBLIC FACILITIES MASTER PLAN
1. Parties and Date.
This Agreement is made and entered into this 21st day of June, 2023 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 RHA Landscape Architect Planners, Inc., a corporation with its principal place of business at 6840 Indiana Avenue, Suite 100, Riverside, CA 92506, (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
2. Recitals.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provisions of the Community Services, Parks and Public Facilities Master Plan on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in assessing existing recreation services, programs, parks and public facilities to develop goals, policies and guidelines for public clients, that it and its employees or subconsultants 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.
2.2Services.
The City desires to engage the Consultants to render such Services for the COMMUNITY SERVICES, PARKS AND PUBLIC FACILITIES MASTER PLAN ("Services") as set forth in this Agreement.
3. Terms.
3.1 Scope of Services and Term.
3.1 .1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, Services, and incidental and customary work necessary to provide Services outlined by the Project. The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Services shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The terms of this Agreement shall begin at the Effective Date and shall extend 18 months. Consultant shall complete the Services within the term of this Agreement, in conformance with the Project Schedule as mutually agreed upon by the Parties, and may be amended from time to time by mutual agreement of the Parties.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Consultant. The Services shall be provided by Consultant or under its supervision. Consultant will determine the means, methods and details of providing the Services subject to the requirements of this Agreement. City retains Consultant on an independent consultant basis and not as an employee. Any additional personnel providing Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with the Services provided under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall provide Services expeditiously, within the term of this Agreement, and in accordance with the Services timeframe set forth herein. Consultant represents that it has the professional and technical personnel required to provide the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Services timeframe, City shall respond to Consultant's Requests for Information in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Services timeframe.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates the Director of Community Services, 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. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee.
3.2.5 Consultant's Representative. Consultant hereby designates Doug Grove, President, or his designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Service. Consultant agrees to work closely with City staff in providing the Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Consultant shall provide Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to provide Services. Consultant warrants that all employees
and subconsultants shall have sufficient skill and experience to provide Services. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to provide the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any Services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services, a threat to the safety of persons or property, or any employee who fails or refuses to provide the Services in a manner acceptable to the City, shall be promptly removed from the Service by the Consultant and shall not be re-employed to perform any work on this project.
3.2.8 Laws and Requlations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9 Insurance. Throughout the life of this Contract, Consultant 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 do business in the State of Califomia and rated not less than "A- VI l" 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:
$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services 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 $1,000,000 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.
(v) PROFESSIONAL LIABILITY Professional Liability (Errors and Omissions) insurance appropriate to Consultant’s profession, with limits of liability of $1,000,000 per claim/occurrence and $2,000,000 policy aggregate.
In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies).
Consultant shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Consultant shall also be responsible for payment of any selfinsured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either: (i) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects to City and the City Manager; or (ii) Consultant shall provide a financial guarantee, satisfactory CA-5 to City and the City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall the City be responsible for the payment of any deductibles or selfinsured 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, Consultant 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, Consultant 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. The General Liability (including ongoing and completed operations) and Automobile Liability shall name City and its officers, officials, employees, agents and volunteers as an additional insured. Such policy/ies of insurance shall be endorsed so Consultant’s insurance shall be primary. The coverage shall contain no special limitations on the scope of protection afforded to the City and its officers, officials, employees, agents and volunteers. The Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City and its officers, officials, employees, agents and volunteers.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claimsmade form:
1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Consultant.
2. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 3-year discovery period.
3. 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 Agreement or the commencement of work by Consultant, Consultant must purchase extended reporting coverage for a minimum of 3 years following the expiration or termination of the Agreement.
4. A copy of the claims reporting requirements must be submitted to City and the City Manager for review.
5. These requirements shall survive expiration or termination of the Agreement.
Consultant shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City's Risk Manager or his/her designee prior to City's execution of the Contract and before work commences.
If at any time during the life of the Contract or any extension, Consultant or any of its subconsultants 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 Consultant 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 Consultant of its responsibilities under this Contract.
The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of Consultant, 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 Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, agents, employees, persons under the supervision of Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subconsultants, or anyone employed directly or indirectly by any of them.
If Consultant should subcontract all or any portion of the Services to be performed under this Contract, Consultant shall require each subconsultant 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 subconsultants' certificates and endorsements
shall be on file with Consultant and City prior to the commencement of any work by the subconsultant
3.3 Fees and Payments.
3.3.1 Rates and Total Compensation. Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement for completion of the Project. The total compensation, including authorized reimbursements, shall not exceed the fixed fee amount of $225,355. Extra work may be authorized, as described below, and if authorized, will be compensated at the Consultant’s current hourly rates.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant 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 Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 Ownership of Materials and Confidentiality
3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically, electronically or otherwise recorded or stored, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, and payment of all monies due to Consultant, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction
will be accomplished. PDF documents will be provided at no additional cost to the City.
Reproduction expense for paper copies of documents shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of five (5) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. In addition, before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
Consultant may retain electronic copies of confidential information contained in routine backups created as part of its information technology system back-up and disaster recovery protocols.
3.5.2 Subconsultants. Consultant shall require all subconsultants to agree CA-8 in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than these Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation.
Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 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.
3.6.2 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:
Consultant:
RHA Landscape Architects Planners, Inc
6840 Indiana Ave, Suite 100
Riverside, CA 92506
Attention: Doug Grove, President
City:
City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Director of Community Services
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 Services.
3.6.3 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.
3.6.4 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.
3.6.5 Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782, Consultant 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, Consultant 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. Consultant'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 Consultant should subcontract all or any portion of the work to be performed under this Agreement, Consultant shall require each subconsultant 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.
3.6.6 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.
3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.6.8 Time of Performance. Consultant shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project, and in accordance with the Project Schedule. Client agrees that CA-10 the Consultant is not responsible for damages arising directly or indirectly from any delays for causes beyond the Consultant’s control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters or acts of God; fires, riots, war or other emergencies; failure of any government agency to act in timely manner; failure of performance by the Client or the Client’s contractors or consultants; or discovery of any hazardous substances or differing site conditions.
3.6.9 City's Riqht to Employ Other Consultants. City reserves right to employ other consultants in connection with this Services.
3.6.10 Successors and Assiqns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assiqnment or Transfer. Consultant 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.
3.6.12 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 Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 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 Services voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.6.15 No Third-Partv Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invaliditv: Severabilitv. 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.
3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her Services with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.6.19 Labor Certification. By its signature hereunder, Consultant 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 selfinsurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7 Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City which approval shall not unreasonably be withheld. Subcontracts shall contain a provision making them subject to all provisions stipulated in this Agreement.
NAME OF CONSULTANT: RHA Architect Planning, Inc
By:
________________________________________________
Doug Grove, President
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE
NOTARIZED. Attach Certificate of Notary Acknowledgment
OWNER: CITY OF NORCO, a municipal corporation
*By:
________________________________________________
Robin Grundmeyer - Mayor
ATTEST:
________________________________________________
Dana Roa, CMC
City Clerk
APPROVED AS TO FORM:
________________________________________________
Harper & Burns, LLP
City Attorney
City Council
STAFF REPORT
Date: July 19, 2023 Agenda Item:
5.B.
To: Honorable Mayor and City Council Members
Prepared By: Lori Sassoon, City Manager
Department: Administration
SUBJECT:
Consideration of next steps regarding retention of State Legislative Advocacy services RECOMMENDATION:
Review the matter and determine next steps.
SUMMARY:
In February 2022, the City determined to engage with Gonsalves and Son for one year to provide state legislative advocacy services. That agreement has since continued on a month to month basis. This matter is being brought back to the City Council for discussion and direction.
BACKGROUND:
On February 16, 2022, the City Council approved a one year agreement with Gonsalves and Son for state legislative advocacy services (Attached) . Gonsalves was selected after proposals were solicited from various firms. The agreement provides for these services at a cost of $4,000 per month to the General Fund.
One year has now passed, and services have continued on a month to month basis in accordance with the original agreement. Gonsalves and Son has provided the attached materials recapping their work for Norco during this first year, along with a client list and record of achievements for other agencies.
There is certainly value in retaining the services of a legislative advocate to support the City's efforts with regard to legislative matters, regulatory matters, and advocacy on grants, especially when Norco has a small staff across all departments. However, given the City's fiscal constraints, the City Council may chose discontinue these services, and re-evaluate at a later time.
It is recommended that the City Council discuss this matter and provide direction as to next steps.
FISCAL IMPACT:
The cost of legislative advocacy services is currently $4,000 per month.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction #4 - Communication and Stakeholder Experience: Enhance the stakeholder experience, engage the community, and build brand awareness through proactive, effective and consistent communication.
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):
Gonsalves and Sons Agreement
Norco Legislative Representation Update 22-23
Norco re-intro letter
Project Funding Secured By JAGS 8.5x11
JAGS Client List 6-29-22
AGREEMENT
BETWEENJOE A. GONSALVES & SON
AND THE CITY OF NORCO
THE CITY OF NORCO(hereina?er “CLIENT”) wishes to engage the services of JOE A. GONSALVES & SON (hereinafter “ADVOCATE”), located at 925 L Street, Suite 250, Sacramento, California,to provide services in legislative advocacy and governmental affairs in matters affecting CLIENT in the State of California.
The purpose of this Agreement is to state the terms and conditions under which ADVOCATE will provide services to CLIENT
T, ADVOCATE Re .resentative s’:
The following pn'ncipal(s)of ADVOCATE are designatedas being the principa1(s)and representative(s)of ADVOCATE authorizedto act in its behalf with respect to the work speci?ed in this Agreement and make all decisions in connection with this Agreement:
Anthony D. Gonsalves
Jason A. Gonsalves
Paul A. Gonsalves
The terms and conditions are limited to the following:
II. ADVOCATE’s Sco e of Services. ADVOCATE agrees to assume and perform the duties and responsibilitiesas detailed in the ADVOCATES Proposal dated December 21, 2021 and as provide below:
A. Represent THECITYOF NORCOin Sacramento in terms of
communicating the CLIENT’s interests to the appropriateelected representatives, key staff members, state agencies and other individuals as needed.
B. Develop and maintain good working relationships between the CLIENT and State legislators, legislative staff, and state agencies.
C. Develop, coordinate and execute the CLIENT’s advocacy efforts, including communication with legislative officials and other governmental of?cials for the purpose of in?uencing legislation or administrative action.
/
THE CITY OF NORCC
D.
III.
Review all pertinent legislative bills introduced in the California Legislature and inform the CLIENT of all such legislation affecting its interest and forward weekly a copy of all such bills to the CLIENT. The CLIENT will review and analyze all such legislative bills and inform ADVOCATE, in writing, of its position on such bills the CLIENT wishes to pursue.
Assist in identifying and obtaining state funding available for CLIENT programs and proposed capital projects.
Obtain support, through letters of support and other means, ?om state legislators and of?cials for CLIENT grant applications.
Provide a monthly written summary during the legislative session and at other times if warranted that gives updates on pending legislation, state budget, and other relevant issues.
Arrange meetings with legislative representatives or key agency staff and CLIENT representatives.
Attend and provide testimony on behalf of the CLIENT in legislative committee hearings.
Provide support, including advising on brie?ng papers, talking points, etc., when CLIENT of?cials are requested to testify before a legislative committee.
CLIENT Re resentative:
“Designee” authorizedto act in its behalf with respect to the work and services speci?ed in this Agreement and to make all decisions in connection with this Agreement.
Whenever approval, direction, or other actions are required by CLIENT under this Agreement, those actions will be taken by the “Designee”, unless otherwisestated. The “Designee” has the right to designate another Representative at any time, by providing notice to ADVOCATE.
IV. CLIENT’s Duties and Res onsibilitiesz
A. CLIENT shall analyze and review all legislative bills submitted to it by ADVOCATE and will inform ADVOCATE, in writing, of its position on any and all such bills CLIENT wishes ADVOCATE to pursue.
CLIENT shall, on a timely and continuing basis, apprise ADVOCATE of any speci?c issuesit wishes to have analyzed or pursued by ADVOCATE under this Agreement.
K
THE CITY OF NORCU
VI.
VII.
VIII.
C. CLIENT shall, on a timely basis, pay all bills and invoices submittedto it by ADVOCATE.
Effective Date and Term. This agreement shall become effective on the , and shall continue in full force and effect unless -». r».. and until tenninatedCEIENTand/orby ADVOCATE.
ComJensation. CLIENT shall pay to ADVOCATE the monthly sum of $ 4,000.00 (Four Thousand Dollars) payable in advance on the ?rst day of each month. ADVOCATE is an independent contractor and shall be responsible for all taxes including but not limited to ADVOCATE’s employees’ withholdings etc.
Costs and Ex enses. CLIENT shall reimburseADVOCATE for any travel and/or other expenses directly related to any request by CLIENT for ADVOCATE to participate in any meetings or activities outside of Sacramento.
Attornevs Fees ,an_(_l_Costs.If any legal action is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
Indemni?cation.
A. Professional Services. In the connection with its professional services, the Contractor shall hold harmless and indemnify CLIENT, and its elected officials, officers, employees, servants, Volunteers, and agents serving as independent contractors in the role of city or agency officials, (collectively, “Indemnities”), with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, “C1aims”),including but not limited to liability for death or injury to any person and injury to any property, to the extent the same out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor or any of its officers, employees, subcontractors,Contractors, or agents in the performance of its professional services under this Agreement. Contractor shall reimburse allreasonable defense costs and expenses, including actual attomey’s fees and experts’ costs incurred in connection with such defense.
B. Other Indemnities. In connection with all Claims not covered by Section A, the Contractor shall defend, hold harmless and indemnify the Indemnities with respect to any and all Claims includingbut not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the non-professional acts, omissions, activities or operationsof Contractor or any of its officers, employees, subcontractors,Contractors, or agents in the performance of this Agreement. Contractor shall defend Indemnities in any action or ¢\ I’€b’u(6*/if 9313099-
K
THE CITY OF NORCA,
actions ?led in connection with any such Claims with counsel of CLIENT ’s choice, and shall pay all costs and expenses, including actual attorney’s fees and experts’ costs incurred in connection with such defense.
C. Non-waiver of Ri ts. Indemnities do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by CLIENT, or the deposit with CLIENT, of any insurance policy or certi?cate required pursuant to this Agreement.
D. Waiver of Ri ht of Subro ration. Except as otherwise expressly provided in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnities,while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor.
E. Survival. The provisions of this Section IX shall survive the terminati of the Agreement on and are in addition to any other rights or remedies which Indemnities may have under the law. Payment is not required as a condition precedent to an Indemnities’right to recover under this indemnity provision, and an entry ofjudgment against Contractor shall be conclusive in favor of the lndemnities’ right to recover under this indemnity provision.
X. Insurance: ADVOCATE must maintain at its sole expense the following insurance, which will be full coverage not subject to self insurance provisions:
A. AutomobileLiability, including owned, non-owned and hired vehicles, with at least the following limits of liability:
1. Primary Bodily Injury with limits of at least $500,000 per person, $1,000,000 per occurrence; and
2. Primary Property Damage of at least $250,000per occurrence: or
3. Combined single limits of $1,000,000 per occurrence.
B. General Liability including coverage for premises, products and completed operations, independent contractors/vendors, personal injury and contractual obligations with combinedsingle limits of coverage of at least $1,000,000 per occurrence.
C. Professional liability insurance Not Applicable.
u
THE CITY or Nomi
D.
E.
F.
G.
H.
XI.
XII.
XIII.
Workers’ Compensation with limits as requiredby the State of California and Employers Liability with limits of at least $1,000.000.
The insurance provided by ADVOCATE will be primary and noncontributory.
CLIENT, must be named as additionalinsured under the general liability policies.
ADVOCATE must provide certi?cates of insurance and/or endorsements to the THE CITYOF NORCObefore the commencement of Work.
Each insurance policy required by this Paragraph must contain a provisio that no termination, cancellationor change of coverage can be made n without thirty days notice to CLIENT.
Govemin...Law. This Agreement shall be governed by the laws of the State of California.
Entire A eement/S everabilit . This Agreement has six (6) pages. It constitutes the entire Agreement between parties regarding its subject matter. If any provisionof this Agreement is held by any court to be invalid, void, or unenforceable,the remaining provisions shallnevertheless continue in full force and effect.
Notice of Termination.
A. 30-Day notice of termination under this Agreement by ADVOCATE shall be given to CLIENT by certi?ed mail to the following address:
CITY MANAGER
THE CITY OF NORCO
2870 CLARK AVENUE.
NORCO, CA 92860
B. 30-Day notice of termination under this Agreement by CLIENT shall be given to ADVOCATE by certi?ed mail at the following address:
Joe A. Gonsalves & Son
925 L Street, Suite 250
Sacramento, CA 95814.
XIV. Amendments. The Agreement may be modi?ed or amended only by a written document executed by both ADVOCATE and CLIENT
/HloijOléaro