REVISED AGENDA
City Council and
Oversight Board of the
Successor Agency to the Norco
Community Redevelopment
Agency
Wednesday, December 18, 2024
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 5:00 PM
ROLL CALL Kevin Bash, Mayor
Greg Newton, Mayor Pro Tem
Katherine Aleman, Council Member
Robin Grundmeyer, Council Member
Berwin Hanna, Council Member
DISCUSSION/ACTION ITEMS
A. Certifying the Consolidated General Election held on November 5, 2024 RECOMMENDATION:
Adopt Resolution No. 2024-57, reciting the facts of the regular Consolidated General Election held in the City of Norco on Tuesday, November 5, 2024, declaring the results thereof and such other matters as provided by law.
Staff Report - Pdf
ISSUANCE OF OATH OF OFFICE
Presentation of Certificates of Election and Oath of Office to be administered to newly elected Council Members Robin Grundmeyer, Greg Bowen and Fia Sullivan.
PRESENTATIONS
Presentation to and Comments by Outgoing Council Member Berwin Hanna
REORGANIZATION OF THE CITY COUNCIL
A. Election of the Mayor
RECOMMENDATION:
Elect Council Member as Mayor
City Council Agenda - December 18, 2024
B. Election of the Mayor Pro Tem
RECOMMENDATION:
Elect Council Member as Mayor Pro Tem
C. Presentation to and Comments by Outgoing Mayor
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: (APN 153121011; APN 153020009; APN 153121010; APN 153121008; APN 153121012; APN 153121004; APN 153121003; APN 153121002; APN 153121001)
Agency negotiator: City Manager, Director of Public Works, City Attorney Negotiating parties: City of Norco and Property Owners
Under negotiation: Price and terms of payment
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Silverlakes Sports Park
Agency negotiator: Interim City Manager
Negotiating parties: City of Norco and Balboa Management Group LLC.
Under negotiation: Price and Terms
CONFERENCE WITH LABOR NEGOTIATOR
Agency designated representative: Interim City Manager Lisette Free Employee organization: Utility Workers Union of America, AFL-CIO Local 606
PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code §54957
Title: City Manager
RECONVENE PUBLIC SESSION 7:00 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE Council Member Grundmeyer
INVOCATION Pastor Jason Davitt
Calvary Chapel Norco
City Council Agenda - December 18, 2024
PRESENTATIONS Christmas Performance - Norco High
School Choir
Waste Management Community
Award
Organic Waste Diversion Using
Chickens
1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
2. PUBLIC COMMENTS
This is the time when persons wishing to address the presiding governmental body regarding the Consent Calendar, Legislative Matters or items within the subject matter jurisdiction of the legislative body. Please submit a speaker card to the Meeting Clerk. Please limit comments to three minutes or less. The Ralph M. Brown Act limits the governmental body’s ability to respond to comments on non-agendized matters at the time such comments are made. The governmental body shall not discuss or act relative to any general public comment.
3. CONSENT CALENDAR
All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the presiding governmental body, any public comments on any of the Consent Items will be heard. There will be no separate action unless members of the governmental body request specific items be removed from the Consent Calendar. Items removed from the Consent Calendar will be separately considered under Item 4 of the Agenda.
3.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only
RECOMMENDATION:
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
Staff Report - Pdf
3.B. Approval of City Council Regular Meeting Minutes
RECOMMENDATION:
Approve the City Council Regular Meeting Minutes of December 04, 2024.
Staff Report - Pdf
City Council Agenda - December 18, 2024
3.C. Recap of Actions Taken by the Planning Commission at its Meeting Held on December 11, 2024
RECOMMENDATION:
Receive and file the recap of actions taken by the Planning Commission at its meeting held on December 11, 2024.
Staff Report - Pdf
3.D. Oversight Board of the Successor Agency to the Norco Community Redevelopment Agency and City of Norco Fiscal Year 2025-26 Recognized Obligation Payment Schedule Including Administrative Budget RECOMMENDATION:
Adopt Successor Agency Resolution No. 2024-02, approving the Recognized Obligation Payment Schedule including Administrative Budget for the Fiscal Year 2025-26.
Staff Report - Pdf
3.E. Accept Proposal and Award Security Improvement Contract for the City Hall Lobby and Security Upgrade Project (Project No. 54303.2 and 4303.1) RECOMMENDATION:
Accept proposal and award contract to SHI International Corporation (through OMNIA Partners Contract No. 2024056) in the amount of $127,000 for security upgrades for the City Hall Lobby and Security Upgrade Project.
Staff Report - Pdf
3.F. Approve Five-Year Licensing Agreement with Lunde Enterprises RECOMMENDATION:
Approve Five-Year Licensing Agreement with Lunde Enterprises for the use of the Ingalls Event Center for Community Barrel Racing, subject to the terms and conditions outlined in the agreement.
Staff Report - Pdf
City Council Agenda - December 18, 2024
3.G. Approve the Exclusive Promotional Agreement and Non-Exclusive Trademark Partnership License with Horsetown USA® Hall of Fame RECOMMENDATION:
Approve the Exclusive Promotional Agreement and Non-Exclusive Trademark Partnership License with Horsetown USA® Hall of Fame, a 501(c)(3) non-profit organization, to establish terms for the promotion of the Horsetown USA® Hall of Fame and the use of City trademarks and assets, as outlined in the agreement.
Staff Report - Pdf
3.H. Declaration of Assorted Obsolete City Assets as Surplus Property RECOMMENDATION:
Adopt Resolution No. 2024-58, declaring assorted obsolete City assets as surplus property and authorize the City Manager to dispose them through public auction, scrap or donation.
Staff Report - Pdf
3.I. City Council Holiday Meeting Schedule
RECOMMENDATION:
Cancel City Council meeting scheduled for Wednesday, January 1, 2025.
Staff Report - Pdf
3.J. Increase in Purchase Order for RKA for design services related to Fourth Street Improvement Project (Sierra Ave to Corona Ave)
RECOMMENDATION:
Review and approve the change order for RKA in the amount of $47,045 for the Fourth Street Improvement Project - Sierra Ave to Corona Ave (Project No. 54900.24) for total contract amount of $167,015 and City Manager authorization for a 10% contingency on design services in case any minor additional design work is required.
Staff Report - Pdf
City Council Agenda - December 18, 2024
3.K. Approve Five-Year Licensing Agreement with Norco Cowgirls Drill Team RECOMMENDATION:
Approve Five-Year Licensing Agreement between the City of Norco and the Norco Cowgirls Rodeo Drill Team for the use of the Ingalls Event Center, including the Moreno Arena and Clark Arena, for a five-year term, with an option to extend.
Staff Report - Pdf
3.L. Acceptance of the Temescal Avenue Street Improvement Project (Sixth St. to Seventh St.) as Complete
RECOMMENDATION:
Accept the Temescal Avenue Street Improvement Project (Sixth St. to Seventh St.) as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.
Staff Report - Pdf
3.M. Acceptance of bids and award of Contract for the 2024-25 Trail Fencing Replacement Project (Various Locations).
RECOMMENDATION:
Accept bids and award a contract to Country Estate Fence Co., Inc. for the Fiscal Year 2024-25 Trail Fencing Replacement Project (Various Locations) in the amount of $378,831; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.
Staff Report - Pdf
3.N. Update Part-Time Employee Salary Schedule to Correspond with State of California Minimum Wage Requirements
RECOMMENDATION:
Adopt Resolution No. 2024-59, to approve an update to Part-Time Employee Salary Schedule to Correspond with State of California Minimum Wage Requirements.
Staff Report - Pdf
4. ITEM(S) PULLED FROM CONSENT CALENDAR
5. DISCUSSION / ACTION ITEM(S)
City Council Agenda - December 18, 2024
Order of Presentation for Discussion Items:
1. Staff Report Presentation
2. Council Questions of Staff
3. Public Comment
4. Council Discussion and Action
5.A. A determination by the City Council on the development type that triggers road improvements for the private road Proctor Lane, leading up to Lots 3 and 4 of Parcel Map 15142 - Assessor Parcel Numbers (APNs) of 133- 090-017 and -018 in the A-1 Zone
RECOMMENDATION:
Determine if animal-keeping shelters and enclosures on Lots 3 and 4, constitute development that would require the construction of the road improvements on Proctor Lane required under Parcel Map 15142.
Staff Report - Pdf
5.B. Measure R Citizens Oversight Committee Appointment and Youth Commissioner Appointments
RECOMMENDATION:
1) Hold random draw selection to fill one vacancy on the Measure R Citizens Oversight Committee and 2) Consider the applications received and make appointments of Youth Commissioners to the Parks and Recreation Commission, Planning Commission, Measure R Commission and STUC.
Staff Report - Pdf
6. PUBLIC HEARING(S)
Order of Presentation for Public Hearing Items:
1. Staff Report Presentation
2. Council Questions of Staff
3. Open Public Hearing
a. Public Comment
4. Close Public Hearing
5. Council Discussion and Action
City Council Agenda - December 18, 2024
6.A. First Reading: Ordinance No. 1127, Code Amendment 2024-12, An Ordinance of the City of Norco amending Norco Municipal Code Chapter
3.50 to update participation in the Western Riverside County Transportation Uniform Mitigation (TUMF) Program, and Resolution 2024- 56, a resolution to adopt the TUMF schedule.
RECOMMENDATION:
Motion 1: Adopt First Reading of Ordinance No. 1127, amending and updating the City’s TUMF Ordinance; and
Motion 2: Adopt Resolution No. 2024-56, adopting a TUMF schedule.
Staff Report - Pdf
7. CITY COUNCIL / STAFF COMMUNICATIONS
8. ADJOURNMENT
In compliance with the Americans with Disabilities Act, any person who requires a modification or accommodation in order to participate in this meeting is encouraged to contact the City Clerk’s Office at (951) 270-5623 or [email protected] at least 48 hours prior to the meeting so that reasonable arrangements can be made to ensure accessibility. Staff reports are on file in the City Clerk’s Office.
Any writings or documents provided to a majority of the presiding governmental body regarding any item on this agenda will be available for public inspection at the City Clerk’s Office during normal business hours at Norco City Hall, located at 2870 Clark Avenue in Norco. The meeting is recorded.
City Council
STAFF REPORT
Date: December 18, 2024 Agenda Item:
A.
To: Honorable Mayor and City Council Members
From: Dana Roa, City Clerk
Prepared By: Sophia Thompson, Deputy City Clerk
Department: City Clerk
SUBJECT:
Certifying the Consolidated General Election held on November 5, 2024 RECOMMENDATION:
Adopt Resolution No. 2024-57, reciting the facts of the regular Consolidated General Election held in the City of Norco on Tuesday, November 5, 2024, declaring the results thereof and such other matters as provided by law.
SUMMARY:
The Riverside County Registrar of Voters has certified the November 5, 2024 Election and the certificate of the results of the canvass of election returns has been received by the Norco City Clerk. Therefore, it is recommended that the City Council adopt the Resolution certifying the Consolidated General Election declaring the results thereof.
BACKGROUND:
A Consolidated General Election was held on Tuesday, November 5, 2024, to fill three (3) seats on the Norco City Council. The Riverside County Registrar of Voters office reported 15,533 active registered voters. Six (6) candidates were placed on the ballot and the following results were received from the Registrar of Voters with 11,735 total ballots cast (75.55% turnout):
Candidate Vote Count
Robin Grundmeyer 6,768
Katherine Aleman 3,684
Greg Bowen 5,684
Dillon Wemple 1,653
Brent Sakamoto 2,313
Fia Sullivan 5,014
It is recommended that the City Council adopt the attached Resolution, certifying the Consolidated General Election. After the Resolution has been approved and adopted, the City Clerk will present the Certificates of Election and administer the Oath of Office to Robin Grundmeyer, Greg Bowen and Fia Sullivan.
FISCAL IMPACT:
The County of Riverside Registrar of Voters has estimated a cost of $50,000 for the election. Funding for the City’s cost of the election is provided in the FY 2024-25 Operating Budget. At the time this agenda report was written, the final invoice from the Riverside County Registrar of Voters had not been received; therefore, it is not known if a budget adjustment is needed. If a budget adjustment is needed, staff will recommend a budget appropriation amendment during the mid-year budget process.
RELATIONSHIP TO STRATEGIC PLAN:
This 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: Daphne Liu, Finance Director Approved by: Lisette Free, Interim City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
Reso 2024-57_Declaring the Results of the November 5, 2024 Election Attachment A - Certificate of ROV
RESOLUTION NO. 2024-57
A RESOLUTION OF THE CITY OF NORCO, CALIFORNIA, RECITING
THE FACT OF THE REGULAR CONSOLIDATED GENERAL ELECTION
HELD IN THE CITY OF NORCO ON TUESDAY, NOVEMBER 5, 2024,
DECLARING THE RESULTS THEREOF AND SUCH OTHER MATTERS
AS PROVIDED BY LAW
WHEREAS, a Consolidated General Election was held and conducted in the City of Norco, California, on Tuesday, November 5, 2024, as required by law; and
WHEREAS, said election was consolidated and the County Clerk canvassed the returns of said election and has certified the results to this City Council, said results are received, attached and made a part hereof as "Exhibit A"; and
WHEREAS, notice of said election was duly and regularly given in time, form and manner as provided by law; and that in all respects said election was held and conducted and the votes cast thereat, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California.
NOW THEREFORE, the City Council of the City of Norco does hereby resolve, declare, determine and order as follows:
SECTION 1: There were two (2) voting precincts established for the purpose of holding said election consisting of the regular election in said City as established for the holding of State and County Elections.
SECTION 2: Said Consolidated General Election was held for the purpose of electing the following officers of said City as required by law relating to cities in the State of California, to wit:
Three (3) Members of the City Council of said City for a four-year term expiring November 2028.
SECTION 3: The total number of ballots cast in said City was 11,735.
SECTION 4: The names of persons voted for at said election for Member of the City Council and the total amount of votes received is as follows:
CANDIDATE VOTE COUNT
Robin Grundmeyer 6,768
Katherine Aleman 3,684
Greg Bowen 5,684
Dillon Wemple 1,653
Brent Sakamoto 2,313
Fia Sullivan 5,014
Resolution No. 2024-57, Certifying the Consolidated General Election of November 5, 2024
December 18,2024
SECTION 5: The City Council does declare and determine that:
Robin Grundmeyer was elected as a Member of the City Council of said City for the four-year term expiring November 2028.
Greg Bowen was elected as a Member of the City Council of said City for the four-year term expiring November 2028.
Fia Sullivan was elected as a Member of the City Council of said City for the four-year term expiring November 2028.
SECTION 6: The City Clerk shall enter on the records of the City Council of said City a statement of the results of said election.
SECTION 7: The City Clerk shall immediately make and deliver to each of such persons so elected a Certificate of Election signed by the City Clerk and duly authenticated; that the City Clerk shall also administer to each person elected, the Oath of Office prescribed in the State Constitution of the State of California and shall have them subscribe thereto and file the same in the office of the City Clerk. Whereupon, each and all of said persons so elected shall be inducted into the respective office to which they have been elected.
SECTION 8: The City Clerk shall certify to the passage and adoption of this Resolution, shall enter the same in the book of original Resolutions of said City and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted.
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a Regular Meeting held on December 18, 2024.
_____________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Resolution No. 2024-57, Certifying the Consolidated General Election of November 5, 2024
December 18,2024
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California, at a meeting thereof held on December 18, 2024, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on December 18, 2024. _______________________
Dana Roa, CMC, City Clerk
City of Norco, California
Attachment: Exhibit “A” – Certificate of Registrar of Voters to the Results of the Canvass of Election Returns
1 Norco City Council
111111
Registered
Voters
Voters Cast
Turnout (%)
Robin "Mrs.
G"
Grundmeyer
Katherine
Aleman
Greg Bowen
Dillon
Wemple
Brent
Sakamoto
Fia Sullivan
230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 CALIFORNIA Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 41st Congressional District Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 32nd Senatorial District (Por.
Org, SB, SD)
Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 63rd Assembly District Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 St Bd of Equalization 4 (Por.
SB, SD, Org and Imp)
Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 Riverside County Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 Printed: Wednesday, December 4, 2024 12:38 PM Data Refreshed: Wednesday, December 4, 2024 12:33 PM Page 5789 of 10925 Riverside
Riverside 2024 General Election
SOV
November 5, 2024
1 Norco City Council
111111
Registered
Voters
Voters Cast
Turnout (%)
Robin "Mrs.
G"
Grundmeyer
Katherine
Aleman
Greg Bowen
Dillon
Wemple
Brent
Sakamoto
Fia Sullivan
230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 Unincorporated - County
Board of Education Districts
sub-district
Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 Riverside Community College
Dist
Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 Unincorporated - Community
College Districts sub-district
Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 Unincorporated - Unified
School Districts
Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 Unincorporated - Unified
School Districts sub-district
Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 Unincorporated - Union High
School Districts sub-district
Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 Printed: Wednesday, December 4, 2024 12:38 PM Data Refreshed: Wednesday, December 4, 2024 12:33 PM Page 5790 of 10925 Riverside
Riverside 2024 General Election
SOV
November 5, 2024
1 Norco City Council
111111
Registered
Voters
Voters Cast
Turnout (%)
Robin "Mrs.
G"
Grundmeyer
Katherine
Aleman
Greg Bowen
Dillon
Wemple
Brent
Sakamoto
Fia Sullivan
230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 Unincorporated - Elementary
School Districts
Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 Unincorporated - Elementary
School Districts sub-district
Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 2nd Supervisorial District Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 City of Norco Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 Unincorporated - Cities subdistrictTotal 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 Unincorporated -
Unincorporated
Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 Printed: Wednesday, December 4, 2024 12:38 PM Data Refreshed: Wednesday, December 4, 2024 12:33 PM Page 5791 of 10925 Riverside
Riverside 2024 General Election
SOV
November 5, 2024
1 Norco City Council
111111
Registered
Voters
Voters Cast
Turnout (%)
Robin "Mrs.
G"
Grundmeyer
Katherine
Aleman
Greg Bowen
Dillon
Wemple
Brent
Sakamoto
Fia Sullivan
230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 Unincorporated - Health Care
Districts
Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 Unincorporated - Health Care
Districts sub-district
Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 Unincorporated - Recreation &
Parks Districts
Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 Unincorporated - Recreation &
Parks Districts sub-district
Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 Unincorporated - Irrigation
Districts
Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 Unincorporated - Sanitary
Districts sub-district
Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 Printed: Wednesday, December 4, 2024 12:38 PM Data Refreshed: Wednesday, December 4, 2024 12:33 PM Page 5792 of 10925 Riverside
Riverside 2024 General Election
SOV
November 5, 2024
1 Norco City Council
111111
Registered
Voters
Voters Cast
Turnout (%)
Robin "Mrs.
G"
Grundmeyer
Katherine
Aleman
Greg Bowen
Dillon
Wemple
Brent
Sakamoto
Fia Sullivan
230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 Unincorporated - Water
Agencies sub-district
Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 Unincorporated - County
Water Districts
Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 Unincorporated - County
Water Districts sub-district
Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 Western Municipal Water
District, Div. 4
Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 230009 Total 4222 3109 73.64 % 1932 822 1689 361 546 1427 230013 Total 4442 3504 78.88 % 2010 1132 1698 548 714 1519 230016 Total 3610 2715 75.21 % 1577 886 1268 355 535 1111 230024 Total 3259 2407 73.86 % 1249 844 1029 389 518 957 Unincorporated - California
Water Districts
Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 Contest Total 15533 11735 75.55 % 6768 3684 5684 1653 2313 5014 *** Indicates vote data was suppressed due to voter privacy settings.
Printed: Wednesday, December 4, 2024 12:38 PM Data Refreshed: Wednesday, December 4, 2024 12:33 PM Page 5793 of 10925 Riverside
Riverside 2024 General Election
SOV
November 5, 2024
City Council
STAFF REPORT
Date: December 18, 2024 Agenda Item:
3.A.
To: Honorable Mayor and City Council Members
From: Dana Roa, City Clerk
Prepared By: Sophia Thompson, Deputy City Clerk
Department: City Clerk
SUBJECT:
Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only RECOMMENDATION:
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
REVIEWED AND APPROVED BY:
City Council
STAFF REPORT
Date: December 18, 2024 Agenda Item:
3.B.
To: Honorable Mayor and City Council Members
From: Dana Roa, City Clerk
Prepared By: Sophia Thompson, Deputy City Clerk
Department: City Clerk
SUBJECT:
Approval of City Council Regular Meeting Minutes
RECOMMENDATION:
Approve the City Council Regular Meeting Minutes of December 04, 2024.
REVIEWED AND APPROVED BY:
Approved by: Lisette Free, Interim City Manager
ATTACHMENT(S):
City Council - Dec 04 2024 - DRAFT Minutes
DRAFT - MINUTES
City Council
Wednesday, December 4, 2024
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 7:00 PM
ROLL CALL Kevin Bash, Mayor
Greg Newton, Mayor Pro Tem
Katherine Aleman, Council Member
Robin Grundmeyer, Council Member
Berwin Hanna, Council Member
PLEDGE OF ALLEGIANCE Council Member Aleman invited Easton Aleman to lead the Pledge of Allegiance.
INVOCATION Pastor Fred Griffin
Corona Church of the Open Door
PRESENTATIONS James Yellis Recognition
1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
The Mayor, Mayor Pro Tem and Council Members provided reports on their recent individual participation in committees, commissions, regional boards, and community organizations.
2. PUBLIC COMMENTS
Jeff Shyu thanked Council Member Aleman for her dedication and her service on City Council. He wished everyone a Merry Christmas and Happy New Year.
Geoff Kahan spoke regarding December 5 being the twelve-year anniversary of the approval for the Veteran's Memorial project and invited everyone to the December 7, 2024, Pearl Harbor Remembrance event at the Veteran's Memorial Plaza at 10am. He thanked Council Member Hanna for his time on the City Council and his dedication to the community.
Eric Lemus thanked Council Member Aleman for her service and dedication to the City of Norco and for being an advocate for all community members.
Betsy Roberts thanked Council Member Aleman for her dedication and support of Norco's diverse community and for her service as a Council Member.
City Council Minutes - December 4, 2024
Jeff Mielo thanked Council Member Aleman for preserving and enriching Norco's community and thanked her for her dedication to the community.
Bill Naylor spoke regarding item 3.C. and thanked staff for bringing attention to the signage needed at the Ingalls Event Center and spoke regarding his concern that the item was not reviewed by the Parks and Recreation Commission and that the Ingalls Event Center was not included in the previous year's Parks Masterplan and would rather see the item wait on the new Parks Masterplan.
Kade Barone thanked Council Member Aleman for her service and thanked her for the opportunity to work with her during her campaign.
Jocelyn Yow thanked Council Member Aleman for her dedication to the City Council and to the community.
3. CONSENT CALENDAR
a) Approval of Consent Calendar as Presented
Council Member Hanna pulled item 3.G. for discussion.
M/S NEWTON/ALEMAN Approve the Consent Calendar as Presented with item
3.G. pulled for discussion. The Motion was carried by the following roll call vote:
AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
3.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only
Action: Waived reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
3.B. Approval of City Council Regular Meeting Minutes
Action: Approved the City Council Regular Meeting Minutes of November 20, 2024.
3.C. Acceptance of Proposals and Award of Contract for the Ingalls Event Center Wayfinding Project (Project No. 54303.16); Approve Project Plans; and
City Council Minutes - December 4, 2024
Approve Budget Appropriation
Action: Accepted proposals and awarded the contract to Square Signs LLC, dba Front Signs for the Ingalls Event Center Wayfinding Project in the amount of $136,461, and authorized the City Manager to approve contract change orders up to 10% of the original contract; approved project plans; and approved an additional appropriation of Measure R Funds for the project.
3.D. Approve the Position Title and Salary Range for Code Enforcement Supervisor; Add Administrative Assistant Position to the Approved Position List for Community Development
Action: Adopted Resolution No. 2024-55 to approve the position title and salary range for Code Enforcement Supervisor; approved an Administrative Assistant position to the authorized position list for Community Development; and approved a budget appropriation of $119,000 to the FY 2024-25 operating budget.
3.E. Approval of Measure R project funding for the design of upgrades to the City Park-N-Ride to meet Caltrans standards
Action: Approved the addition of the Norco Park-N-Ride Project and a budget appropriation of $87,000 (proposal amount plus 10% contingency) to the Measure R list of approved capital improvement projects for fiscal year 2024-25 to fund design improvements to the City's existing Park-N-Ride to meet Caltrans standards.
3.F. Change Order Request for Norco MDP Line N-3 Storm Drain Project (Design) Action: Reviewed and approved Change Order Request in the amount of $52,440 for the Norco MDP Line N-3 Storm Drain Project (Project No. 4214.25) and increased the design contract amount for KWC to $132,540 and included authorization for a 10% contingency on design services in case any minor additional design work is required.
4. ITEM(S) PULLED FROM CONSENT CALENDAR
3.G. Approve Purchase of Priefert Bucking Chute System and Related Equipment for Moreno Arena (Project No. 54303.20); and Approve Project Plans Council Member Hanna thanked Facilities and Maintenance Director Hamilton and staff for the request to purchase new bucking chutes and commended Facilities and Maintenance Director Hamilton for her efforts to receive high quality equipment.
City Council Minutes - December 4, 2024
Motion was made.
M/S HANNA/NEWTON Approve purchase of Priefert Bucking Chute System and related equipment in the amount of $68,500, and authorize the City Manager to approve contract change orders up to 10% of the original contract; and approve project plans. The Motion was carried by the following roll call vote:
AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5. CITY COUNCIL / STAFF COMMUNICATIONS
Council Member Aleman thanked her family for their love and support, the volunteers for their help during the campaigns and the community for their support. She provided an overview of her accomplishments during her time on the City Council and wished the new Council Members well.
6. PRESENTATION
Presentation and reception for outgoing Council Member Katherine Aleman Interim City Manager Free thanked Council Member Aleman and presented a certificate for her years of service.
Mayor Bash, on behalf of the City Council, thanked Council Member Aleman for her time as a Council Member and presented a cowboy hat.
7. ADJOURNMENT
Mayor Bash adjourned the meeting at 7:52 PM.
_________________________________
Dana Roa, CMC
City Clerk
City Council
STAFF REPORT
Date: December 18, 2024 Agenda Item:
3.C.
To: Honorable Mayor and City Council Members
From: Alma Robles, Community Development Director
Prepared By: Sophia Thompson, Deputy City Clerk
Department: Planning
SUBJECT:
Recap of Actions Taken by the Planning Commission at its Meeting Held on December 11, 2024
RECOMMENDATION:
Receive and file the recap of actions taken by the Planning Commission at its meeting held on December 11, 2024.
REVIEWED AND APPROVED BY:
Approved by: Lisette Free, Interim City Manager
ATTACHMENT(S):
Planning Commission - Dec 11 2024 - DRAFT Minutes
DRAFT - MINUTES
Planning Commission
Wednesday, December 11, 2024
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 7:00 PM
ROLL CALL Fia Sullivan, Chair
Danny Azevedo, Vice Chair
Patricia Hedges, Member
Jeff Shyu, Member
Tara Young, Member
PLEDGE OF ALLEGIANCE Member Shyu
Community Development Director Robles read the Appeal Notice into the record.
APPEAL NOTICE: In the event that you disagree with the action taken by the Planning Commission in regards to your application, or with any condition for approval of the application which is not a specific requirement of the Norco Municipal Code, you are entitled to appeal such determination or conditions to the Norco City Council, provided that such appeal is filed with the Norco City Clerk within ten calendar days after the requirements for appeals, inclusive of payment of an appeal fee.
1. PUBLIC COMMENTS
Bill Naylor spoke regarding his concern for Code Enforcement cases not being resolved in a timely manner and recommended that the Planning Commission receive a report of outstanding cases that are six months or older.
2. CONSENT CALENDAR
2.A. Approval of Planning Commission Regular Meeting Minutes M/S SHYU/HEDGES Approve the Planning Commission Meeting Minutes of November 13, 2024. The Motion was carried by the following roll call vote:
AYES: SULLIVAN, AZEVEDO, HEDGES, SHYU, AND YOUNG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
3. ITEM(S) PULLED FROM CONSENT CALENDAR
Planning Commission Minutes - December 11, 2024
There were no items pulled from the Consent Calendar.
4. DISCUSSION / ACTION ITEM(S)
4.A. Accessory Building Use Permit 2024-08 (Mowrey): A request to construct a 6,648 square-foot detached barn at 4503 Corona Avenue, within the A-1-20 (Agricultural, Low-Density) Zone. APN:152-110-001.
Associate Planner Woods-Diaz presented the report on Accessory Building Use Permit 2024-08.
Member Hedges and Member Young commented on their support of this Accessory Building.
Chair Sullivan opened Public Comment.
There were no public comments at this time.
Chair Sullivan closed Public Comment.
Member Shyu spoke regarding his concern for the aging of the natural wood.
Commission members had no further questions or concerns.
Motion was made.
M/S HEDGES/AZEVEDO Approve Accessory Building Use Permit 2024-08 subject to the attached Conditions of Approval on Resolution 2024-34. The Motion was carried by the following roll call vote:
AYES: SULLIVAN, AZEVEDO, HEDGES, SHYU, AND YOUNG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
4.B. Accessory Building Use Permit 2024-10 (Eiben): A request to legalize a 1,152 square foot detached barn at 5088 California Avenue, within the A-1-20 (Agricultural, Low-Density) Zone. APN:153-041-001.
Associate Planner Woods-Diaz presented the report on Accessory Building Use Permit 2024-10.
Planning Commission Minutes - December 11, 2024
Associate Planner Woods-Diaz answered questions and concerns from Vice Chair Azevedo regarding whether the unpermitted structure was completed by the current or previous owners.
Chair Sullivan opened Public Comment.
There were no public comments at this time.
Chair Sullivan closed Public Comment.
Member Shyu spoke regarding his appreciation of the current owner trying to do right by getting the structure permitted.
Commission Members had no further questions or concerns.
Motion was made.
M/S SHYU/HEDGES Approve Accessory Building Use Permit 2024-10 subject to the attached Conditions of Approval on Resolution 2024-33. The Motion was carried by the following roll call vote:
AYES: SULLIVAN, AZEVEDO, HEDGES, SHYU, AND YOUNG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
4.C. Continued Item from Planning Commission Meeting of November 13, 2024.
Accessory Building Use Permit 2024-06 (Yu): A request to allow a 557 squarefoot detached garage at 3332 Vandermolen Drive, within the Norco Ridge Ranch Specific Plan (NRRSP). APN: 123-661-009.
Community Development Director Robles presented the report on Accessory Building Use Permit 2024-06.
Community Development Director Robles answered questions and addressed concerns regarding the Norco Ridge Specific Plan requirements for access to the PAKA.
Chair Sullivan opened Public Comment.
There were no public comments at this time.
Planning Commission Minutes - December 11, 2024
Chair Sullivan closed Public Comment.
Commission Members discussed their concerns regarding the percentage of the slope of the proposed alternate access to the PAKA and the lack of functionality and due to these concerns, the Accessory Building Use Permit could not be approved as presented.
Following discussion, motion was made.
M/S SHYU/HEDGES Deny Accessory Building Use Permit 2024-06. The Motion was carried by the following roll call vote:
AYES: SULLIVAN, HEDGES, SHYU, AND YOUNG
NOES: AZEVEDO
ABSENT: NONE
ABSTAIN: NONE
5. PUBLIC HEARING(S)
5.A. Zone Code Amendment 2024-04 (City of Norco): A City initiated amendment to Title 18, Chapter 18.43 (Hearings and Appeals Therefrom), Chapter 18.68 (Accessory Building Use Permits), and Chapter 18.40 (Site Plan Review), increasing the public noticing radius requirements from 300 feet with a minimum number of 25 properties captured, to 600 feet with a minimum of 40 properties captured, and to require noticing for Site Plan Review applications.
Senior Planner Acuna presented the report for Zone Code Amendment 2024-
04. Community Development Director Robles answered questions and addressed concerns regarding the reasoning for the public notice radius being increased.
Senior Planner Acuna provided information on neighboring cities requirements.
Vice Chair Azevedo spoke regarding his concerns for increasing the noticing radius and his opposition for the need to change the current requirements and increase the workload for staff.
Member Shyu and Member Young spoke regarding their support for notifying more properties.
Chair Sullivan opened Public Comment.
Planning Commission Minutes - December 11, 2024
There were no public comments at this time.
Chair Sullivan closed Public Comment.
Commission Members had no further questions or concerns.
Motion was made.
M/S HEDGES/YOUNG Recommend City Council approve Zone Code Amendment 2024-04. The Motion was carried by the following roll call vote:
AYES: SULLIVAN, HEDGES, SHYU, AND YOUNG
NOES: AZEVEDO
ABSENT: NONE
ABSTAIN: NONE
6. COMMISSION / STAFF COMMUNICATIONS
Deputy City Clerk Thompson provided information regarding the cancellation of the regular scheduled Planning Commission meeting of January 8, 2025.
Community Development Director Robles thanked Chair Sullivan for her service to the Planning Commission and wished her well on City Council.
Member Hedges thanked Chair Sullivan for her dedication and hard work as a Commission Member.
Member Shyu thanked Chair Sillivan for her time on the Planning Commission.
City Attorney Halfman wished everyone a Merry Christmas and Happy New Year.
Chair Sullivan stated what an honor it has been to be a member of the Planning Commission and to serve alongside everyone. She looks forward to continuing to serve our City and wished everyone a safe and happy Holiday Season.
7. ADJOURNMENT
Chair Sullivan adjourned the meeting at 7:43 PM.
City Council
STAFF REPORT
Date: December 18, 2024 Agenda Item:
3.D.
To: Honorable Mayor and City Council Members
From: Daphne Liu, Interim Finance Director
Prepared By: Daphne Liu, Interim Finance Director
Department: Finance
SUBJECT:
Oversight Board of the Successor Agency to the Norco Community Redevelopment Agency and City of Norco Fiscal Year 2025-26 Recognized Obligation Payment Schedule Including Administrative Budget
RECOMMENDATION:
Adopt Successor Agency Resolution No. 2024-02, approving the Recognized Obligation Payment Schedule including Administrative Budget for the Fiscal Year 2025-26.
SUMMARY:
The Successor Agency to the Norco Community Redevelopment Agency (the “Successor Agency”) was formed to administer the enforceable obligations and otherwise unwind the affairs of the former Norco Community Redevelopment Agency (the “Former Agency”), all subject to the review and approval by a seven-member Oversight Board. Until June 30, 2018, each Successor Agency had a local Oversight Board that served this purpose. As of July 1, 2018, all local Oversight Boards have been replaced by consolidated countywide oversight boards as part of the streamlining and wind-down of redevelopment affairs.
Under Section 34171(h), a Recognized Obligation Payment Schedule (ROPS) is "the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each fiscal year as provided in subdivision (o) of Section 34177." Under the mandatory dates in the Dissolution Law, the Successor Agency must submit a copy of the ROPS for Fiscal Year 2025-26 (ROPS 25-26), after approval from the Oversight Board, to the County Administrative Officer (CAO), County Auditor-Controller (CAC), State Controller’s Office (SCO), and Department of Finance (DOF) by February 1, 2025. The ROPS 2025-26 contains the same enforceable obligations listed on the ROPS for Fiscal Year 2024-25.
BACKGROUND:
In accordance with the Dissolution Act and the additional technical and substantive amendments by the legislature in AB1484 and SB107, the Successor Agency to the Norco Community Redevelopment Agency has prepared the ROPS 2025-26 covering Enforceable Obligations for the period July 1, 2025 through June 30, 2026. Staff will present ROPS to the Countywide Oversight Board for consideration and approval at its January 16, 2025 meeting. Following approval by the Oversight Board, the Successor Agency must submit a copy of the ROPS 2025-26 to the CAO, CAC, SCO, and DOF by February 1, 2025.
The ROPS 2025-26 provides a list of Eligible Obligations to be paid by the Successor Agency from all funding sources from July 1, 2025 through June 30, 2026. The Eligible Obligations to be paid during this period consist of debt service payments required to be made on bonds issued by the former Norco Community Redevelopment Agency for itself and on behalf of the Corona Norco Unified School District (CNUSD) in the amount of $6,061,166 minimum administrative cost allowance to be paid to the Successor Agency in the amount of $250,000. The total amount of obligations requested to be paid from Redevelopment Property Tax Trust Fund for Fiscal Year 2025-26 is $6,311,166.
Supplemental Education Revenue Augmentation Fund (SERAF). As part of the State of California’s Fiscal Year 2009-10 Budget, in an effort to reduce the State’s budget deficit, redevelopment agencies were required to shift property taxes for two years to the Supplemental Education Revenue Augmentation Fund (SERAF). The State shifted over $2 billion in property taxes statewide. The effect of the transfer increased K-12 and community colleges district revenue and reduced the financial support from the State.
Provisions of the law allowed for Redevelopment Agencies to borrow funds from their low- and moderate-income housing funds. The former Norco Community Redevelopment Agency borrowed $3 million from its Low- and Moderate- Income Housing Fund (LMIHF) to help make the total payment of $4,904,827 required of the former Norco Community Redevelopment Agency.
On July 7th, 2010, the former Norco Community Redevelopment Agency approved a resolution regarding the borrowing of funds from the Low- and Moderate-Income Housing Fund to assist with the payment of the SERAF loan. On March 1, 2016, the Oversight Board approved the repayment schedule for the outstanding portion of the loan which was $2,500,000. The SERAF final obligation payment was made during FY 2023-24. As a result, there is no repayment required to be made in Fiscal Year 2025-26.
FISCAL IMPACT:
The Successor Agency is limited to making payments reflected on an approved ROPS; therefore, approval of the ROPS by the Successor Agency, Oversight Board and DOF is essential to the continued operation of the Successor Agency and winding down of the affairs of the Former Agency. If the ROPS are approved, the General Fund will receive the minimum administrative cost reimbursement of $250,000.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Directive 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: Daphne Liu, Finance Director Approved by: Lisette Free, Interim City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
SA Resolution 2024-02 -ROPS 25-26
Attachment No. 1 - ROPS Schedules
Attachment No. 2 - Admin Budget FY 25-26
SA RESOLUTION NO. 2024-02
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE NORCO
COMMUNITY REDEVELOPMENT AGENCY APPROVING THE
RECOGNIZED OBLIGATION PAYMENT SCHEDULE INCLUDING
ADMINISTRATIVE BUDGET FOR THE FISCAL PERIOD OF JULY 1,
2025 THROUGH JUNE 30, 2026
WHEREAS, the Successor Agency to the Norco Community Redevelopment Agency (Successor Agency) has been established to take certain actions to wind down the affairs of the Norco Community Redevelopment Agency in accordance with Section 34173 of the Health and Safety Code; and
WHEREAS, prior to July 1, 2018 under the Dissolution Law, in particular Sections 34179 and 34180, certain actions of the Successor Agency were subject to the review and approval by a local seven-member Oversight Board, which oversaw and administered the Successor Agency’s activities during the period from dissolution until June 30, 2018; and
WHEREAS, on and after July 1, 2018 under the Dissolution Law, in particular Section 34179(j), in every California county there shall be only one Oversight Board that is staffed by the County Auditor-Controller, with certain exceptions that do not apply in the County of Riverside; and
WHEREAS, on and after July 1, 2018 the County of Riverside, through the Riverside County Auditor Controller, established the single Riverside Countywide Oversight Board (Oversight Board) in compliance with Section 34179(j), which serves as the Oversight Board to all of the Successor Agencies existing and operating in Riverside County, including the Successor Agency; and
WHEREAS, pursuant to Section 34171(h) of the Dissolution Act, a Recognized Obligation Payment Schedule means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each annual fiscal period as provided in Section 34177(o) of the Dissolution Act; and WHEREAS, pursuant to Section 34177(j) of the Dissolution Act, the Successor Agency is required to prepare and submit to the Oversight Board an Administrative Budget for each annual fiscal period corresponding to each Recognized Obligation Payment Schedule; and
WHEREAS, pursuant to Section 34177(o) of the Dissolution Act, the Successor Agency must prepare, approve, and submit to the Oversight Board for approval its Recognized Obligation Payment Schedule (ROPS) for the period covering July 1, 2025 through June 30, 2026 (also referred to as ROPS 25-26); and
SA Resolution No. 2024-02 – ROPS and Administrative Budget FY 2025-2026
December 18, 2024
WHEREAS, the Successor Agency has prepared its ROPS 25-26 and the Administrative Budget for the period covering July 1, 2025 through June 30, 2026; and WHEREAS, the Successor Agency desires to approve the ROPS 25-26 and the Administrative Budget in the forms attached to this Resolution as Attachment Nos. 1 and 2, respectively, which are incorporated herein by this reference; and WHEREAS, following approval of ROPS 25-26 and Administrative Budget by the Successor Agency Board, pursuant to Section 34177, subdivisions (j) and (o), and Section 34180(g) of the Dissolution Act, Successor Agency staff shall submit ROPS 25- 26 and Administrative Budget to the Oversight Board and State Department of Finance (DOF) for approval; and
WHEREAS, on January 16, 2025, the Oversight Board will consider the approval of the ROPS 25-26 and Administrative Budget for the fiscal period of July 1, 2025 through June 30, 2026, in the forms attached hereto as Attachments 1 and 2, respectively; and WHEREAS, the approved ROPS 25-26 is required to be electronically submitted to the DOF by the Oversight Board no later than February 1, 2025.
NOW, THEREFORE, BE IT RESOLVED, ordered and determined by the Successor Agency to the Norco Community Redevelopment Agency, as follows:
SECTION 1. Incorporation of Recitals. The foregoing recitals are incorporated into this resolution by this reference, and constitute a material part hereof.
SECTION 2. Approval of ROPS 25-26 and Administrative Budget. The Successor Agency Board hereby approves the ROPS 25-26 and Administrative Budget in the forms attached to this Resolution as Attachments 1 and 2, respectively, and authorizes the Successor Agency Executive Director to make such augmentation, modification, additions or revisions as he may deem appropriate.
SECTION 3. Submittal of ROPS 25-26 and Administrative Budget. The Executive Director is further authorized and directed to transmit ROPS 25-26 and Administrative Budget to the Oversight Board, and upon approval thereof by the Oversight Board, the Executive Director is directed to transmit the approved ROPS 25-26 and Administrative Budget to the County Auditor-Controller, the State Controller’s Office, and the State Department of Finance, and to post the ROPS 25-26 and Administrative Budget on the City’s website.
SECTION 4. Certification. The Secretary on behalf of the Successor Agency Board shall certify to the adoption of this Resolution.
SECTION 5. Effectiveness. This Resolution shall take effect upon the date of adoption.
SA Resolution No. 2024-02– ROPS and Administrative Budget FY 2025-2026
December 18, 2024
PASSED and ADOPTED by the Successor Agency to the Norco Community Redevelopment Agency at a regular meeting held on December 18, 2024.
Kevin Bash, Chairperson
Successor Agency to the Norco
Community Redevelopment Agency
City of Norco, California
ATTEST:
Dana Roa, CMC, Secretary
Successor Agency to the Norco
Community Redevelopment Agency
City of Norco, California
SA Resolution No. 2024-02 – ROPS and Administrative Budget FY 2025-2026
December 18, 2024
I, Dana Roa, CMC, Secretary of the Successor Agency to the Norco Community Redevelopment Agency, do hereby certify that the foregoing Resolution was introduced and duly adopted by the Board of Directors at a regular meeting held on December 18, 2024, and that the same was passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Dana Roa, CMC, Secretary
Successor Agency to the Norco
Community Redevelopment Agency
City of Norco, California
Attachments: Attachment 1: Recognized Obligation Payment Schedule Attachment 2: Administrative Budget
Recognized Obligation Payment Schedule (ROPS 25-26) - Summary Filed for the July 1, 2025 through June 30, 2026 Period Successor Agency: Norco
County: Riverside
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
25-26A Total
(July -
December)
25-26B Total
(January -
June)
ROPS 25-26
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ - $ - B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 3,155,584 $ 3,155,582 $ 6,311,166 F RPTTF 3,030,584 3,030,582 6,061,166
G Administrative RPTTF 125,000 125,000 250,000
H Current Period Enforceable Obligations (A+E) $ 3,155,584 $ 3,155,582 $ 6,311,166 Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
Norco
Recognized Obligation Payment Schedule (ROPS 25-26) - ROPS Detail July 1, 2025 through June 30, 2026
A B C D E F G H I J K L M N O P Q R S T U V W
Item
#
Project
Name
Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
25-26
Total
ROPS 25-26A (Jul - Dec)
25-26A
Total
ROPS 25-26B (Jan - Jun)
25-26B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$66,452,629 $6,311,166 $- $- $- $3,030,584 $125,000 $3,155,584 $- $- $- $3,030,582 $125,000 $3,155,582 5 2009
CNUSD
PassThrough
TAB
Bonds
Issued On
or Before
12/31/10
03/01/
2009
03/01/2034 US
Bank
Trust
RDA PassThrough
Issue to
Fund
Various
School
Projects
Number
1 10,951,630 N $977,320 - - - 488,660 - $488,660 - - - 488,660 - $488,660 13 Successor
Agency
Admin
Cost
Admin
Costs
01/01/
2014
06/30/2036 City of
Norco
Staff Costs
to Serve
as
Successor
Agency
Number
1 2,750,000 N $250,000 - - - - 125,000 $125,000 - - - - 125,000 $125,000 20 2014 Tax
Allocation
Refunding
Bonds
Refunding
Bonds
Issued
After 6/
27/12
07/01/
2014
03/01/2030 US
Bank
Trust
Refunded
2001 RDA
Refunding
Bonds
Number
1 14,030,450 N $504,463 - - - 252,232 - $252,232 - - - 252,231 - $252,231 21 2014 Tax
Allocation
Refunding
Bonds -
School
District
PassThrough
Refunding
Bonds
Issued
After 6/
27/12
07/01/
2014
03/01/2032 US
Bank
Trust
Refunded
2001 and
2004
School
District
PassThrough
Tax
Allocation
Bonds
Number
1 6,580,750 N $942,000 - - - 471,000 - $471,000 - - - 471,000 - $471,000 24 2017A &
B Tax
Allocation
Refunding
Bonds
Refunding
Bonds
Issued
After 6/
27/12
12/20/
2017
03/01/2036 US
Bank
Trust
Refunded
2005 and
2010 RDA
Bonds
32,139,799 N $3,637,383 - - - 1,818,692 - $1,818,692 - - - 1,818,691 - $1,818,691
Norco
Recognized Obligation Payment Schedule (ROPS 25-26) - Report of Cash Balances July 1, 2022 through June 30, 2023
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 22-23 Cash Balances
(07/01/22 - 06/30/23)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/22)
RPTTF amount should exclude "A" period distribution
amount.
4,539,306 99,246 (69,400)
2 Revenue/Income (Actual 06/30/23)
RPTTF amount should tie to the ROPS 22-23 total
distribution from the County Auditor-Controller
121,546 29,847 6,673,672
3 Expenditures for ROPS 22-23 Enforceable Obligations
(Actual 06/30/23)
6,767,904
4 Retention of Available Cash Balance (Actual 06/30/23) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
5 ROPS 22-23 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 22-23 PPA
form submitted to the CAC
No entry required
6 Ending Actual Available Cash Balance (06/30/23)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$4,660,852 $- $- $129,093 $(163,632)
Norco
Recognized Obligation Payment Schedule (ROPS 25-26) - Notes July 1, 2025 through June 30, 2026
Item # Notes/Comments
5 13
20 21
24
July to Dec Jan to June
ROPS 25‐26A ROPS 25‐26B
Administrative Cost Allowance 125,000 125,000 Administrative Cost Allowance (ROPS 25‐26): 125,000 125,000 Successor Agency Indirect Costs:
Salaries & Benefits 80,475 80,475 Projected Operating Expenses 24,875 24,875 Total Indirect Costs 105,350 105,350 Successor Agency Direct Costs:
Legal Counsel 5,000 5,000 Trustee‐ US Bank 3,400 3,400 Agency Financial Advisor 2,000 2,000 Agency Disclosure Agent 6,250 6,250 Agency Auditor 3,000 3,000 Miscellaneous Expenses
Total Direct Costs 19,650 19,650 Total Successor Agency Indirect & Direct Costs 125,000 125,000 Admin Costs
Attachment No. 2
Successor Agency to the
Norco Community Redevelopment Agency
ADMINISTRATIVE BUDGET
July 1, 2025 to June 30, 2026
Admin Cost Allowance
City Council
STAFF REPORT
Date: December 18, 2024 Agenda Item:
3.E.
To: Honorable Mayor and City Council Members
From: Amanda Hamilton, Facilities and Maintenance
Director
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:
Accept Proposal and Award Security Improvement Contract for the City Hall Lobby and Security Upgrade Project (Project No. 54303.2 and 4303.1) RECOMMENDATION:
Accept proposal and award contract to SHI International Corporation (through OMNIA Partners Contract No. 2024056) in the amount of $127,000 for security upgrades for the City Hall Lobby and Security Upgrade Project.
SUMMARY:
The security phase of the City Hall Lobby and Security Upgrade Project will involve the implementation of enhanced security measures. Additionally, the City will transition to a new, more cost-effective alarm monitoring service, projected to generate savings of $40,000 over the term of a five-year contract valued at $8,100. It is recommended that the City Council approve the award of a $127,000 contract to SHI for the procurement and installation of these upgrades.
BACKGROUND:
To safeguard the integrity of the City’s security systems, this staff report has been intentionally generalized. In accordance with established security protocols and to mitigate the risk of compromising the City's IT and security infrastructure, all information related to security software, system configurations, and related technologies will remain confidential and shall not be disclosed to the public. Unauthorized disclosure of such sensitive details could expose the City to heightened security vulnerabilities and potential threats from malicious actors.
On October 2, 2024, the City Council approved the construction phase of the City Hall Lobby and Security Upgrade Project. As part of the construction project, security
upgrades are needed for the reconfigured lobby layout and as a response to evolving safety requirements of the facility. The upgrade includes the installation of state-of-theart badge readers at all main entrances, along with an expanded network of highdefinition surveillance cameras, all seamlessly integrated into the new security framework. To further strengthen safety, strategically positioned panic and lockdown buttons will enable staff to remotely secure the building when needed. Additionally, staff will be provided with monitors to efficiently manage and oversee incoming visitors, ensuring enhanced control and monitoring of the facility’s security.
The newly installed cameras will incorporate the latest high-definition technology, with video storage capabilities. These cameras will be integrated into the City’s new alarm monitoring service, replacing the existing burglary alarm service. The City will enter into a new contract for a five-year term, with an upfront payment of $8,100, equating to $1,620 annually. This new contract offers significant cost savings compared to the current service, which costs $800 per month, or $9,600 annually, yielding total savings of $40,000 over the five-year course of the contract.
The existing burglary alarm service has experienced several issues, including poor customer service, billing errors, faulty equipment, and delays in service. The new monitoring system will resolve these problems and provide a more reliable and costeffective solution. Should the contract be approved, the City may extend the new alarm monitoring services to additional facilities, further enhancing security while reducing costs.
The new security company has provided several verified references, all of which highly recommend the system as an effective solution for the City’s security needs. The contract with SHI, facilitated through Omnia Partners, a global procurement organization, and identified as Contract No. 2024056 via cooperative purchasing, complies with the City’s procurement requirements.
FISCAL IMPACT:
The City Hall Lobby and Security Upgrade Project (Project No. 54303.2 and 4303.1) was approved as a Capital Improvement Project (CIP) for Fiscal Year 2023-24. Funds were carried over to FY 2024-25 for total project amount of $639,000 ($600,000 from Measure R Fund 132, account no. 132.910.43115, and $39,000 from General Government Fund 140, account no. 140.910.43130). The available funds in these accounts are fully adequate to cover the cost of the security upgrades for the project.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction No. 5 Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Daphne Liu, Finance Director Approved by: Lisette Free, Interim City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney
City Council
STAFF REPORT
Date: December 18, 2024 Agenda Item:
3.F.
To: Honorable Mayor and City Council Members
From: Amanda Hamilton, Facilities and Maintenance
Director
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:
Approve Five-Year Licensing Agreement with Lunde Enterprises RECOMMENDATION:
Approve Five-Year Licensing Agreement with Lunde Enterprises for the use of the Ingalls Event Center for Community Barrel Racing, subject to the terms and conditions outlined in the agreement.
SUMMARY:
Lunde Enterprises, owned and operated by Jerry and Shelley Lunde, has been hosting Community Barrel Racing events at the Ingalls Event Center for 16 years, playing a pivotal role in promoting and preserving Norco’s equestrian heritage and lifestyle. The proposed licensing agreement between the City of Norco and Lunde Enterprises ensures the continued operation of Community Barrels, providing a platform for both advanced and emerging riders. This agreement grants Lunde Enterprises access to the Ingalls Event Center for approximately 40 events annually, with a fee of $227 per event.
Exclusively for Community Barrels, the agreement aligns with the City’s objectives to support its equestrian culture while ensuring compliance with safety standards, insurance requirements, and local regulations. The agreement’s initial term is five years, with an option for renewal, reinforcing the City’s ongoing commitment to fostering Norco’s equestrian lifestyle.
BACKGROUND:
Lunde Enterprises, owned and operated by Jerry and Shelley Lunde, has been hosting the Community Barrel Racing events on Thursday evenings at the Ingalls Event Center for the past 16 years. The community event was originally introduced by the former Parks and Recreation Director to enhance arena utilization and foster community
engagement. Over time, it has become an essential component of the City’s equestrian programming.
With over 30 years of experience in the equine industry, Jerry and Shelley Lunde are recognized for their exceptional expertise in horse training and competition, having shown and trained more than 5,000 world champion halter and performance horses. In addition to Community Barrels, Lunde Enterprises organizes other major equestrian events, including Team Roping at the Ingalls Event Center. The Lunde's were also inducted into the Horsetown USA® Hall of Fame in its inaugural year, further underscoring their significant contributions to the equine community in Norco.
The proposed licensing agreement between the City of Norco and Lunde Enterprises specifically pertains to the Community Barrels event, which is held on Thursday evenings. The events attract both advanced and emerging equine riders, and play a key role in promoting the equestrian lifestyle that is central to the City’s identity. Typically, Community Barrels includes approximately 40 events per year. It is important to note that this agreement applies solely to Community Barrels and does not extend to other Lunde Enterprises events, such as "Racing for a Cure." The City’s objective is to continue fostering Norco’s rich equestrian culture by supporting events that offer local riders opportunities to compete and engage with the broader community. The City’s objective is to continue fostering Norco’s rich equestrian culture by supporting events that offer local riders opportunities to compete and engage with the broader community.
Community Barrels also plays a significant role in supporting the City’s Day of the American Cowboy Rodeo. Some Thursday night events serve as qualifying rounds for the rodeo, allowing local competitors to qualify for participation in the City's annual event. This connection further emphasizes the broader cultural impact of Community Barrels in preserving and promoting Norco’s western heritage and equestrian traditions.
The following terms and conditions are outlined in the proposed licensing agreement:
Term and Review: The initial term of the license agreement is five (5) years, commencing on December 18, 2024, and concluding on December 18, 2029, with an option for a five (5)-year extension, subject to City Council approval. The agreement will be reviewed annually in December to ensure compliance with all terms and conditions.
Facility Usage: Lunde Enterprises will have access to the Moreno Arena and Clark Arena on designated Thursdays for approximately 40 events per year associated with Community Barrels. The City retains the right to cancel or reschedule events due to facility maintenance requirements or other unforeseen circumstances. The City of Norco retains priority use of the facilities.
Fees: Lunde Enterprises will pay an annual application processing fee and the following fees for each event: booking fee, asset replacement fee and a discounted facility rental fee. Currently, the rate for events during Fiscal Year 2024-25 will be $227 per event plus the annual processing fee of $51. The fees will be adjusted annually based on changes to the adopted Fee Schedule.
Insurance and Indemnification: Lunde Enterprises will provide a Commercial General Liability Insurance policy meeting specified coverage requirements, with the City of Norco listed as an additional insured party. Lunde Enterprises will indemnify the City
against any claims arising from its use of the facilities, except in cases of negligence by the City.
Maintenance and Repairs: The City will ensure that the facilities are in safe operating condition at the beginning of each annual term. Lunde Enterprises will be responsible for maintaining the facilities in good condition during their use and will be held liable for any damage caused during their events.
Compliance and Liability: Lunde Enterprises must comply with all applicable federal, state, and local laws, including Norco’s municipal codes and animal control regulations.
The Licensee is responsible for ensuring that all participants sign waivers and adhere to health and safety protocols.
Termination and Default: Either party may terminate the agreement with written notice, in accordance with the agreement’s terms. The City reserves the right to terminate the agreement if necessary for reasons related to public peace, health, safety, or welfare.
The proposed license agreement between the City of Norco and Lunde Enterprises will ensure the continued operation of the Community Barrels event, a long-standing and valued program that has significantly contributed to the City’s equestrian culture. This agreement, focused solely on Community Barrels, aligns with the City’s objective of supporting and promoting Norco’s equestrian lifestyle. Staff recommends the approval of this agreement to sustain this popular weekly community event.
FISCAL IMPACT:
The revenue will contribute to the City’s maintenance and operational costs associated with the Ingalls Event Center. This fee will help offset the cost of providing the facility for the Community Barrels. No significant fiscal impacts are anticipated beyond this revenue.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Plan Direction No. 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: Daphne Liu, Finance Director Approved by: Lisette Free, Interim City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
Lunde Enterprises Contract
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CITY OF NORCO
LICENSE AGREEMENT
THIS INDENTURE OF LICENSE is made and entered into on the day as set forth below, by and between the CITY OF NORCO, a municipal corporation of the State of California, hereinafter called “LICENSOR”, and Lunde Enterprises of the City of Norco, hereinafter called “LICENSEE”.
W I T N E S S E T H:
LICENSOR, subject to the covenants and agreement hereinafter contained by the LICENSEE to be kept and performed, grants a license unto said Licensee, and Licensee does accept such license from Licensor, for the use of certain premises in the City of Norco, County of Riverside, State of California, described as follows:
The facilities known as Moreno Arena and Clark Arena located at the Ingalls Event Center, 3737 Crestview Drive, to have and to hold unto said Licensee on the following terms and conditions:
1. TERMS
This License covers a five (5) year period from December 18, 2024 – December 18, 2029, with an option to extend the term for five (5) years based on City Council approval. An annual review of the terms and conditions of the license will be conducted in December of each year.
Lunde Enterprises use of the Ingalls Event Center includes the use of Clark Arena on selected Thursdays from 5 PM to 9 PM for the purpose of the production of the event known as “Community Barrels”. Community Barrels composed of advanced riders along with up-and-coming riders. The Licensee will have access to the arena, sound booth, parking lot, lighting, and restrooms. The Licensor holds the rights to cancel or change practice dates solely at licensors discretion. Further, the licensor reserves the right to modify or cancel reservations at the Ingalls Event Center in the event that maintenance or unforeseen circumstances arise.
Additionally, the City of Norco maintains priority use of the facility, and as such, scheduled practices or events may be canceled or rescheduled if necessary.
The Licensee shall meet with the Licensor in December of each year to discuss the schedule for the upcoming year. The Licensee shall provide cancellation notice to the Licensor with 24-hour advanced notice.
The Ingalls Event Center and arena footings will be prepared by Licensor prior to the scheduled practices. Licensee will have full control of Moreno Arena and Clark Arena as defined herein, including any and all activities for the duration of the event time. All other arenas, parking lots, and facilities are not covered under this contract. Licensee shall use said premises solely for the purpose of conducting the
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Community Barrels events only. Any media coverage at the premises by the Licensee shall be approved by the Licensor.
2. CONDITIONS OF LICENSE
Lunde Enterprises will pay an annual application processing fee and the following fees for each event: booking fee, asset replacement fee and a discounted facility rental fee. Currently, the rate for events during Fiscal Year 2024-25 will be $227 per event plus the annual processing fee of $51. The fees will be adjusted annually based on changes to the adopted Fee Schedule.
3. INDEMNIFICATION AND INSURANCE
To the fullest extent permitted by law, Licensee 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 Licensee or its officers, agents, or employees in rendering services under this license; 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 license. These obligations shall survive the completion or termination of this license.
Licensee further agrees to deliver to Licensor upon the execution of this license 60 day prior to its event two executed copies of a continuing Commercial General Liability Insurance Policy, to include the use of the Ingalls Event Center to include any and all activities associated to Lunde Enterprises to Licensor, indemnifying and holding Licensor, 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. Licensee’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. No alcohol is to be served or sold during practices. The insurance requirements also apply to anyone hired for the event practices.
b. The City of Norco reserves the right to increase/decrease, change or eliminate the insurance requirements at any time.
General Aggregate $2,000,000
Personal & Advertising Injury $1,000,000
Each Occurrence $1,000,000
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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 License.
4. REPAIRS AND MAINTENANCE
Licensee represents that it has inspected and examined the premises and accepts them in their present condition at each and all practice dates.
Licensee agrees that Licensor shall not be required to make any improvements whatsoever in or upon the premises hereby licensed or any part thereof. Licensor agrees to make any repairs deemed necessary to place the facility in a safe operating condition prior to the start of the annual term. Licensee agrees to make all necessary repairs to said premises during its permitted use if repairs are a direct result of the event.
Licensee further agrees to keep said premises safe, and in good condition and order during the term, and at the end of each annual term or at any sooner termination thereof, the Licensee 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. Licensee further agrees to keep said premises free from all nuisance and dangerous and defective conditions.
Licensee 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 Licensor.
5. PROHIBITION AS TO ASSIGNMENT AND SUB-LICENSING
Neither the licensed premises nor any portion thereof shall be sub-licensed, nor shall this Licensee, or any interest therein, be assigned, hypothecated, or mortgaged by Licensee and any such attempt shall be of no force or effect and shall confer no rights upon any assignee, sub-licensee, mortgagee, or pledge.
6. COMPLIANCE WITH THE LAW
Licensee 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 Licensee and shall not commit or allow violation of any law or ordinance on said premises.
7. LIABILITY FOR INJURIES TO PERSONAL PROPERTY
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Licensor shall not be liable to Licensee or Licensee’s officers, agents, employees, members, or guests 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.
8. LIABILITY FOR PROPERTY DAMAGE TO LICENSOR’S FACILITIES Licensee agrees to pay for any and all damages beyond the lump sum payment caused to any facilities, buildings, structures, equipment, and improvements of Licensor on said described property, if said damages are a direct result of Licensee’s use of the described premises during the license term. Said payment shall be made within 45 days, or as agreed upon, after receipt from Licensor of an itemized invoice delineating the damage and cost to repair such.
9. INSPECTION BY LICENSOR
Licensor’s duly authorized representatives shall have the right at all times to inspect said licensed premises to determine whether or not the provisions of the License are being complied with by Licensee.
10. RETURN OF PREMISES
Licensee shall return to Licensor 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 License, normal wear and tear excepted.
11. TERMINATION BY LICENSOR
Licensor may terminate this License at any time should it be determined by the City Manager that the public peace, health, safety, and welfare requires cancellation by serving upon Licensee 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.
12. DEFAULT
If Licensee shall be in default or fail to perform any of the terms or conditions herein agreed to be kept and performed by the Licensee, Licensor may terminate and end this License forthwith, and Licensor may enter upon said premises and remove all persons and property therefrom. Licensee shall not be entitled to any money paid hereunder or any part thereof.
13. WAIVERS
Licensee shall provide the Licensor with signed waivers (See Appendix “A” and Appendix “B”) for all participants in Lunde Enterprises Community Barrels events.
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The Licensee is required to obtain waivers from all participants before they participate in any activities. The Licensee 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 over to the Director of Facilities and Maintenance no more than 3 business days after the completion of each Community Barrels event. Licensee acknowledges that failure to comply with clause 13 of this agreement constitutes a breach of this agreement and that all liability arising form this failure rest solely with the licensee.
Any equine animal rider who is under eighteen (18) years of age must wear a helmet that meets the American Society of Testing and Materials (ASTM) standards (or any other nationally recognized standard for equine helmets) which is properly fitted and fastened securely upon the rider’s head by a strap, when riding in a public area. This requirement applies regardless of whether a rider is controlling the equine animal.
Licensee shall provide the Licensor with signed Healthy Horse Statement & Hold Harmless and Waiver for all horses participating in Lunde Enterprises Community Barrels events. City of Norco Animal Control Officials are continuously monitoring for equine disease cases.
The City of Norco reminds horse owners traveling with horses to participate in an equine event, that there is always disease risk when horses of unknown health status are commingled for a show or competition. The City strongly recommends that horse owners practice proper biosecurity when attending an equine event.
Compliance with basic biosecurity practices is an important factor in reducing risk of exposure to all contagious equine diseases. Follow basic biosecurity measures to decrease potential disease spread at equine events, including:
Limit horse-to-horse contact. Limit horse-to-human-to-horse contact. Avoid use of communal water sources. Avoid sharing of equipment unless thoroughly cleaned and disinfected between uses. Monitor your horse for clinical signs of disease and report any temperature over 102°F to a veterinarian.
14. ATTORNEY’S FEES
In an action brought under this License, the parties shall bear their own attorney’s fees.
15. TIME OF PERFORMANCE
All covenants must be performed promptly. If any default shall be made in any of the covenants on the part of the Licensee, Licensor may declare said license terminated and may enter upon the premises and repossess the same, for which purpose the consent of Licensee is hereby expressly given.
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16. CONDUCT OF RODEO PERFORMANCE AND OTHER ANIMAL
RELATED ACTIVITIES
All drill practices and activities shall abide by Norco Animal Control requirements and state, federal, and local laws. Licensee agrees to abide by the Norco Municipal Code Ordinance 1090, Chapter 8.09, Working Animal Protection Act.
17. NOTICES
Any notices that are required hereunder or which either Licensor or Licensee 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: Lunde Enterprises
Gerald Lunde
3718 Corona Avenue
Norco, California, 92860
18. SUCCESSORS OF THE PARTIES
This License 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 license by written notice 180 days prior to the event. Written notice must be sent by Certified Mail.
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IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed.
CITY OF NORCO, CALIFORNIA
A Municipal Corporation
By:
________________________
Kevin Bash, Mayor
ATTEST:
________________________
Dana Roa, City Clerk
APPROVED AS TO FORM:
________________________
Harper & Burns, LLP, City Attorney
Lunde Enterprises
By:
________________________
President/Representative
By:
_____________________________
Secretary Date
APPENDIX A
Lunde Enterprises – Community Barrels
WAIVER/RELEASE FOR EVENT AND COMMUNICABLE DISEASES INCLUDING COVID-19
ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT In consideration of being allowed to participate in City of Norco Ingalls Event Center facility rentals, programs, related events and activities, the undersigned acknowledges, appreciates, and agrees that:
1. I fully understand that my participation in G & C Lunde Enterprises Inc., Barrel racing (hereinafter "events/classes") includes but is not limited to horseback riding, heel-o-matic, horse and demonstration clinics, barrel racing practices, team roping, team sorting, jumping, barrel racing timed or not timed events, barrel racing “jackpot” or any related barrel racing, pole bending, or gymkhana events, which exposes me to the risk of personal injury, death or property damage. I hereby acknowledge that I am voluntarily participating in this event/class and agree to assume any such risks.
2. I hereby release, discharge, hold harmless and agree not to sue the G & C Lunde Enterprises Inc. and the City of Norco for any injury, death or damage to or loss of personal property arising out of, or in connection with, my participation in the events/classes from whatever cause, including the active or passive negligence of G & C Lunde Enterprises Inc. and the City of Norco or any other participants in the events/classes.
3. In consideration for being permitted to participate in the event/classes, I hereby agree, for myself, my heirs, administrators, executors and assigns, that I shall indemnify and hold harmless the G & C Lunde Enterprises Inc. and the City of Norco from any and all claims, demands actions or suits arising out of or in connection with my participation in the events/classes.
4. 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,
5. 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,
6. 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,
7. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS G & C Lunde Enterprises Inc. and the City of Norco , their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS,
UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Name of participant: _____________________________________________ Participant signature: _____________________________________________ Date signed: __________________ FOR PARENTS/GUARDIANS OF PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT TIME OF REGISTRATION) This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided about of all the Releases, and, for myself, my child and our heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releases form any and all liabilities incident to my minor child’s involvement or participation in these programs as provided about, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASES, to the fullest extent permitted by law.
X_____________________________ _________________________________ Date signed: _________________ Parent/Guardian’s Signature (print name)
APPENDIX B
HEALTHLY HORSE STATEMENT, HOLD HARMLESS AND WAIVER OF LIABILITY
FOR PARTICIPATION AT CITY OF NORCO- EQUINE FACILITIES
PARTICIPANT INFORMATION
Horse Name: __________________________________________________________________________________ Color:
________________________________________________________________________________________ Markings:
_____________________________________________________________________________________ Age: __________________________________Breed: _________________________________________________ Has your horse had a fever in the past 72 hours or been in contact with a known ill horse in the past 14 days? ❏ Yes ❏ No
RECOMMENDATIONS FOR PARTICIPANTS AT EQUINE EVENTS
City of Norco Animal Control Officials are continuously monitoring for equine disease cases. The City of Norco reminds horse owners traveling with horses to participate in an equine event, that there is always disease risk when horses of unknown health status are commingled for a show or competition. The City strongly recommends that horse owners practice proper biosecurity when attending an equine event. Compliance with basic biosecurity practices is an important factor in reducing risk of exposure to all contagious equine diseases. Follow basic biosecurity measures to decrease potential disease spread at equine events, including:
Limit horse-to-horse contact. Limit horse-to-human-to-horse contact. Avoid use of communal water sources.
Avoid sharing of equipment unless thoroughly cleaned and disinfected between uses. Monitor your horse for clinical signs of disease and report any temperature over 102°F to a veterinarian. I have read the above information and recommendations. (Initial)
AGREEMENT
To the best of my knowledge, the animal listed above is healthy and able to participate in City of Norco-sponsored equine events. I understand there is always a disease risk when horses of unknown health status are commingled for a show or competition. I hereby waive any claim for liability for any equine disease contracted by the above animal and agree to defend and hold harmless the City of Norco, its officers, employees, agents and volunteers, and all other participants in this equine event from claims or liability of any kind arising out of any equine disease allegedly contracted or arising from participation in this equine event.
Printed Name: ________________________________________________________________________________ Signature: __________________________________Date: ____________________________________________ Phone Number: _______________________________________________________________________________ Email Address: ______________________________________________________________________________
City Council
STAFF REPORT
Date: December 18, 2024 Agenda Item:
3.G.
To: Honorable Mayor and City Council Members
From: Amanda Hamilton, Facilities and Maintenance
Director
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:
Approve the Exclusive Promotional Agreement and Non-Exclusive Trademark Partnership License with Horsetown USA® Hall of Fame
RECOMMENDATION:
Approve the Exclusive Promotional Agreement and Non-Exclusive Trademark Partnership License with Horsetown USA® Hall of Fame, a 501(c)(3) non-profit organization, to establish terms for the promotion of the Horsetown USA® Hall of Fame and the use of City trademarks and assets, as outlined in the agreement.
SUMMARY:
The proposed agreement is for the Exclusive Promotional Agreement and NonExclusive Trademark Partnership License between the City of Norco and the Horsetown USA® Hall of Fame, a 501(c)(3) non-profit organization that honors local equestrian achievements. This agreement allows the Hall of Fame to use City-owned digital and physical assets, including a new digital display in City Hall, to showcase inductees and promote its programs. The digital solution will replace the physical plaques previously displayed at City Hall, reducing costs and addressing space limitations. The agreement also extends the term of the Horsetown USA® trademark usage, as the previous trademark agreement has expired, and serves to maintain the partnership in good standing. The partnership strengthens Norco's commitment to preserving its agricultural and equestrian heritage while ensuring the Hall of Fame's visibility.
BACKGROUND:
The Horsetown USA® Hall of Fame was founded in 2008. The organization honors the achievements of local horses, riders, and trainers who have made significant contributions to the equestrian world. Horsetown USA® Hall of Fame offers a unique opportunity for anyone to nominate candidates for induction, and the public can view
past inductees on the organization’s website or, in person, on the “Walls of Champions” displayed at Norco City Hall. As a 501(c)(3) non-profit, the Horsetown USA® Hall of Fame is supported through private donations and fundraisers. The City of Norco has a long-standing commitment to celebrating its equestrian heritage, and the Hall of Fame serves as a key institution that showcases the accomplishments of the local equestrian community.
As part of the City Hall Lobby and Security Upgrade, the City has worked with the Horsetown USA® Hall of Fame to come to an agreement that will replace the physical plaques displayed in City Hall with a more modern, cost-effective, and space-efficient digital solution. This new digital platform will not only reduce costs for the Hall of Fame but will also allow for more space in City Hall, addressing ongoing space limitations. The digital solution will be powered by Rocket Alumni Solutions, a platform that is widely used by top universities to showcase their Hall of Fame inductees due to similar space constraints. In addition to the Horsetown USA® Hall of Fame, the City will use the same software to display the Lest We Forget Wall names and Kathy Azevedo Spirit of Norco inductees on other touchscreens, further maximizing the versatility of this platform. The digital displays will be showcased on touchscreen monitors throughout City Hall, creating a dynamic and engaging way to honor these important individuals and programs.
The previous trademark agreement with the Horsetown USA® Hall of Fame, attached to this report, has expired. This new, unified agreement will incorporate the trademark partnership and promotional components into a single document, streamlining the process and making it easier to track and manage moving forward. The Exclusive Promotional Agreement and Non-Exclusive Trademark Partnership License establishes the terms and conditions for the Horsetown USA® Hall of Fame to promote itself using City-owned and operated digital and physical assets. Below are the key components of the agreement:
Term of Agreement: The term of the agreement begins on December 18, 2024, and extends until December 18, 2029. The City Council has the option to extend the term for an additional five years.
Payment and Cost: The use of City assets and trademarks will be provided to the Horsetown USA® Hall of Fame at no cost. The City will cover the costs for installing and maintaining the touchscreen and associated software.
Exclusive Use of Digital Display: The City will operate and maintain the digital display within City Hall to exclusively promote the Horsetown USA® Hall of Fame. The touchscreen will be used solely for this purpose and will not be shared with other organizations.
Non-Exclusive Use of Trademarks: The City will grant the Horsetown USA® Hall of Fame a non-exclusive trademark partnership license, which permits the use of the Horsetown USA® trademark(s) on various promotional materials, including digital assets, apparel, awards, and signage. This usage will be subject to compliance with the City's guidelines on trademark use. This non-exclusive license will now be incorporated into this unified agreement, streamlining the process and ensuring consistency moving forward.
Obligations of the City and Licensee: The City will maintain the necessary technological infrastructure for the digital display and ensure updates to the content management system within 30 days of receiving new content. The Horsetown USA® Hall of Fame is responsible for providing accurate and appropriate content for the digital display and ensuring all content aligns with the City’s brand and values.
Indemnification and Insurance: The Horsetown USA® Hall of Fame will maintain liability insurance with a minimum coverage of $1,000,000 per incident, naming the City as an additional insured. The agreement also outlines indemnification provisions, ensuring that the City is protected from liabilities arising from the actions or omissions of the Licensee.
Termination and Modification: The agreement allows either party to terminate the agreement with 180 days' written notice. The City reserves the right to terminate the agreement without cause at any time. Modifications to the agreement must be made in writing and agreed upon by both parties.
This agreement presents a unique opportunity for the City of Norco to support and promote the Horsetown USA® Hall of Fame, an important institution that celebrates Norco's equestrian heritage. The Horsetown USA® Hall of Fame is a valuable community asset, and this agreement will further strengthen its visibility and foster the growth of the local equestrian community. Staff recommends approval of the Exclusive Promotional Agreement and Non-Exclusive Trademark Partnership License to support this important initiative and continue promoting Norco’s equestrian legacy, while enhancing the experience at City Hall.
FISCAL IMPACT:
The $3,300 cost of the Horsetown USA® Hall of Fame touchscreen will be fully covered under the City Hall Lobby and Security Upgrade Project (Project Nos. 54303.2 and 4303.1), funded through Measure R Fund 132 (Account No. 132.910.43115) and the General Government Fund (Fund 140, Account No. 140.910.43130). There are no costs associated with the trademark agreement for Horsetown USA® Hall of Fame.
Additionally, the annual software fee will be funded through the General Fund (Account No. 121.738.34100). Both funds have sufficient available balances to cover all associated costs for the touchscreen's operation.
RELATIONSHIP TO STRATEGIC PLAN:
This item supports Strategic Plan Goal 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: Daphne Liu, Finance Director Approved by: Lisette Free, Interim City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
Horsetown USA Hall of Fame Agreement - Final
Horsetown USA Hall of Fame_Trademark License Agreement - 9-21-21
CITY OF NORCO
EXCLUSIVE PROMOTIONAL AGREEMENT AND NON-EXCLUSIVE TRADEMARK PARTNERSHIP LICENSE WITH THE HORSETOWN USA® HALL OF FAME THIS PROMOTIONAL AGREEMENT is made and entered into as of December 18, 2024, by and between the CITY OF NORCO, a municipal corporation of the State of California (hereinafter referred to as “City”), and HORSETOWN USA® HALL OF FAME, a nonprofit organization with a mailing address of PO Box 7782, Norco, CA 92860 (hereinafter referred to as “Licensee”).
W I T N E S S E T H:
WHEREAS, the Horsetown USA® Hall of Fame is a 501(c)(3) non-profit organization supported through private donations and fundraisers;
WHEREAS, the Horsetown USA® Hall of Fame has been honoring champions since 2008 through a unique program that celebrates and recognizes equestrian excellence; WHEREAS, individuals can nominate candidates for induction into the Horsetown USA® Hall of Fame, and past inductees have historically been available for viewing on the organization’s website and in person at Norco City Hall; NOW, THEREFORE, in consideration of the mutual promises herein, the parties agree as follows:
1. PURPOSE
The purpose of this Agreement is to establish the terms under which the City grants the Licensee rights to 1) promote itself using City-owned and -operated physical and digital assets, 2) store its information on a City-operated content management software, and 3) use the City’s Horsetown USA® trademark(s).
2. TERM OF AGREEMENT
The term of this Agreement shall be the period beginning on the Effective Date and ending on December 18, 2029. The City Council may extend the term of this Agreement in writing for an additional five (5) years.
3. PAYMENT
Under this Agreement, the City and the Licensee agree that the use of City-owned and operated physical and digital assets and trademarks will be allowed at no cost to the Licensee.
4. EXCLUSIVE USE OF PROMOTIONAL WEBSITE AND DISPLAY
On behalf of the Licensee, the City shall operate a content management system that is integrated with a digital website to exclusively promote the Horsetown USA® Hall of Fame, its inductees, its board of directors, its events, its nomination process, and its sponsors.
The City hereby agrees to exclusively display the digital website promoting the Horsetown USA® Hall of Fame on an interactive touchscreen monitor, designated by the City, located inside the City Hall main lobby at 2870 Clark Avenue, Norco, CA. The touchscreen monitor will be operational and accessible to the general public during City Hall’s normal operating hours. The City shall not use the designated touchscreen monitor to promote any other organizations, companies, or partners.
The Licensee shall provide content to the City to upload to the content management system that subsequently displays onto a digital website (e.g., inductee names, biographies, photographs, videos, etc.). The Licensee agrees to ensure that all provided content is accurate, appropriate and aligns with the goodwill associated with the City and with the dignity of the City Hall setting. The City reserves the right to make final artistic and aesthetic decisions that reflect the established brand identities of the City, the Horsetown USA® trademark, and the Licensee.
The Licensee shall have the right to seek and obtain sponsorships for the Horsetown USA® Hall of Fame and promote such sponsorships, including sponsor logos and websites, via the digital website that is displayed onto the touchscreen monitor inside the City Hall main lobby. The Licensee shall have the right to share, promote, and advertise the digital website to build organizational awareness and solicit sponsorships.
The Licensee acknowledges that the touchscreen is provided as a gesture of goodwill by the City. In the event the touchscreen is damaged, malfunctioning or in-operable, the City shall have no obligation to repair or replace the touchscreen.
The City reserves the right to discontinue the use of the touchscreen at any time.
5. NON-EXCLUSIVE USE OF TRADEMARK
The City hereby grants to Licensee a Trademark Partnership License, including a limited, revocable, non-exclusive, non-sub-licensable and non-transferable right to use the Horsetown USA® trademark(s) in its name, on digital assets, including website and social media, and physical products, including apparel, awards, brochures, giveaways, letterhead and signage. Use of the trademark(s) must be in accordance with Norco Municipal Code Chapter 3.70, Administrative Policy No. 108, and the Partnership License Agreement (Attachment A).
6. OBLIGATIONS OF CITY
The City agrees to comply with all reasonable requests of Licensee and provide access to all related items reasonably necessary under this Agreement. The City shall purchase, install, and maintain the touchscreen monitor and technological accessories necessary to properly operate the display in the City Hall main lobby. Additionally, the City shall purchase, maintain and manage all software (e.g., content management system, integrated digital website, etc.) required for the operation of and display onto the touchscreen. The City agrees to complete updates within 30 days of receiving content.
7. OBLIGATIONS OF LICENSEE
To the fullest extent permitted by law, Licensee agrees to defend at its own expense, hold harmless and indemnify the City, its officers, agents, employees, and volunteers from and against any and all losses, liability, claims, damages or expenses, including reasonable attorneys’ fees arising out of, in consequence of or resulting from the acts and/or omissions of Licensee, its consultants, agents or employees, intentional, negligent or otherwise. Licensee assumes no responsibility to indemnify the City for the negligent acts or omissions of the City, its officers, agents and employees. These obligations shall survive the completion or termination of this Agreement.
It is agreed upon and understood that the Licensee will maintain a policy of general liability insurance in the minimum amount of one million dollars ($1,000,000) per incident, naming the City as an additional insured with a separate endorsement page to cover any liability imposed or claimed, including attorney’s fees and any legal expenses, for acts or omissions of Licensee or Licensee’s agents occurring outside the normal course and scope of this Agreement.
The City reserves the right for cases in which the trademark is applied to potentially dangerous products to require the Licensee to obtain an additional product liability insurance policy, with a minimum coverage of $1,000,000 per incident.
8. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
9. ATTORNEY’S FEES
In any action brought under this Agreement, each party shall bear its own attorney’s fees.
10. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties regarding the subject matter herein and supersedes all prior agreements, understandings, and negotiations, whether written or oral.
11. SUCCESSOR OF THE PARTIES
This Agreement shall bind the successors of the parties hereto unless terminated as provided herein. Either party may terminate this Agreement by providing written notice at least 180 days prior to the desired termination date, with such notice sent via Certified Mail.
12. TERMINATION OF AGREEMENT
The City shall have the right to terminate this Agreement without cause at any time.
13. OFFICIAL NOTICE
Any notices to be given hereunder by either party to the other may be effected either by personal delivery in writing or by U.S. mail to the following addresses:
CITY: City of Norco
Attn: City Manager
2870 Clark Avenue
Norco, CA 92860
LICENSEE: Horsetown USA® Hall of Fame
Attn: Stacy Turner
PO Box 7782
Norco, CA 92860
14. GENERAL PROVISIONS
The formation, construction and performance of this Agreement shall be construed in accordance with the laws of the State of California.
This Agreement constitutes the sole and complete Agreement between the parties. This Agreement supersedes any and all written and oral agreements between the parties and any ordinance, rule, regulation, policy, or procedure of the City that is inconsistent with the Agreement. No amendments may be made to this Agreement except in writing and signed by the parties hereto.
If any provision of this Agreement is held invalid or unenforceable, the remainder shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written above.
City of Norco Horsetown USA® Hall of Fame
A Municipal Corporation Licensee
By: _________________________ __________________________ Kevin Bash Stacey Turner
Mayor President
Attest: _______________________
Dana Roa
City Clerk
Approved as to Form:
______________________________
Vanessa Lassooy, City Attorney
ATTACHMENT A
TRADEMARK LICENSE AGREEMENT
PARTNERSHIP LICENSE
DEFINITION OF TERMS
Trademark: As defined by the United States Patents & Trademarks Office, “a trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.”
Licensee: A person or an organization that has been granted the legal right by the City of Norco, under a trademark license agreement, to use the City’s trademark(s) before any products are manufactured, sold, distributed or marketed.
License Agreement: A written legal agreement between the owner of the trademark (licensor) and a retailer/manufacturer/vendor (licensee). The licensor grants permission to the licensee to affix the licensor’s trademark(s) on a product(s). This license must be in place before any products with a City trademark are manufactured, sold, distributed or marketed.
Partnership License: Specific license for the use of City trademarks by a third party, specifically entities with official sponsorship relationships with the City, to promote or advertise that party’s business (commercial or charitable) in a way that directly implies association with the City of Norco.
GRANT OF LICENSE
The Licensee is an individual, organization or company with an official partnership/sponsorship relationship with the City. The City hereby grants to Licensee a limited, revocable, non-exclusive, non-sub-licensable and non-transferable right to use the Name Only trademark, Full Color Illustration-Text Logo trademark, Full Color Text Logo trademark, and One-Color Illustration-Text Logo trademark on the following product(s). The Licensee may not use any City trademark in any other use than otherwise stated in this Agreement.
• Approved Use: Name Only trademark, Full Color Illustration-Text Logo trademark, Full Color Text Logo trademark, and One-Color Illustration-Text Logo trademark on digital assets, including website and social media, and physical products, including apparel, awards, brochures, giveaways, letterhead and signage.
TERM OF LICENSE
The terms are pursuant to the same terms and conditions of Section No. 2 of this Agreement.
PAYMENT
The terms are pursuant to the same terms and conditions of Section No. 3 of this Agreement.
OBLIGATIONS OF THE CITY
The obligations are pursuant to the same obligations, terms and conditions of Section No. 6 of this Agreement.
OBLIGATIONS OF LICENSEE
The obligations are pursuant to the same obligations, terms and conditions of Section No. 7 of this Agreement.
LIMITATIONS ON LICENSE
No license is granted hereunder for the use of the trademark for any purpose other than upon or in connection with the products/uses listed above.
Licensee may not sub-license the rights granted by this Agreement without the express prior written approval of the City, and any such sub-license or attempted sub-license shall constitute a material breach of this Agreement.
Licensee specifically agrees and acknowledges that making, using, distributing and/or selling of any unauthorized products, articles, and/or promotional materials which uses any aspect of a City trademark, is an infringement of the trademark that may result in serious damages, dilution, and tarnishment to the integrity, distinctiveness, and value of the trademark and will constitute a material breach of this Agreement. Licensee shall neither contest nor object to immediate termination of this Agreement.
APPROVALS
The Licensee, as well as all products and designs, must be pre-approved before any products are manufactured, sold, distributed or marketed. The Licensee must provide a sample for review showing how the City of Norco trademark would appear on the requested product before the product is manufactured, sold, distributed or marketed.
Approval to use a trademark in one capacity does not constitute approval to use the trademark again, or in connection with any other item, or to change the design in any way.
SAMPLES
The City may request Licensee to provide samples of each of the completed products, promptly after completion.
ALTERATIONS
The Licensee may not alter the trademark in any way, including color, proportions, spelling, punctuation, etc. Products produced with altered logos, where the express permission of the City of Norco was not provided, may be considered counterfeit and subject to all available legal remedies, including the seizure of merchandise. City trademarks must be properly maintained (i.e., cannot appear damaged or low quality).
CO-BRANDING
City of Norco trademarks may not be used in conjunction with the name or trademark(s) of any other entity without the prior written permission of that entity. If permission is granted by the City Manager’s Office to use both City trademark and another party’s trademark in a design, the trademarks must be distinct and separate from each other, and the City’s trademarks must not be overshadowed or diminished in any way in comparison to the other entity’s trademark. Approval of any such dual use City trademarks will be limited to instances where there is a compelling institutional priority in allowing such a use.
NO ENDORSEMENT
The Licensee may not use the trademarks in any manner that suggests or implies the City’s endorsement of other organizations, companies, products, services, political parties or views, or religious organizations or beliefs.
QUALITY
Licensee acknowledges that if the products manufactured and sold by it are of inferior quality in material and workmanship, the substantial goodwill which the City has built up and now possesses in the trademark will be impaired. Accordingly, Licensee warrants that the products will be of high standard and of such appearance and quality as shall be reasonably adequate and suited to their exploitation and best advantage.
The City may request the Licensee to submit finished samples of all products to be manufactured, together with its cartons and containers, including packaging and wrapping material, which shall be approved in writing by the City before the products are manufactured, sold, distributed or marketed. Licensee acknowledges that the image associated with the trademark requires that any products must be in good taste and meet high standards of quality. Because judgments of taste and quality may be subjective, Licensee agrees that the City may grant or deny any approval or consent required under this section in its sole and absolute discretion. After samples of the products have been approved pursuant to this paragraph, Licensee shall not depart therefrom without prior written consent from the City. The City shall have the right at any time to inspect the products. In the event there is a departure from the approved sample of the products made or distributed by Licensee, or in the event there is an occurrence connected with the products which reflect unfavorably upon the City, the City shall have the right, in the reasonable exercise of its sole discretion, to withdraw its approval of such products, at which time this Agreement shall automatically terminate with respect to such products.
Thereupon, Licensee shall cease the use of the trademark in the sale, advertising, distribution, or use of such products immediately upon notice from City. If there are other products under this Agreement not covered or affected by the foregoing sentences of this paragraph, the City may elect, in its sole discretion, to continue this Agreement as to those other products. Licensee shall immediately notify City if there is an event or occurrence relating to Licensee of the products that may reflect unfavorably on the products or the City.
GOODWILL
Licensee acknowledges the City’s exclusive rights of the trademark and further acknowledges the value of the goodwill associated with the trademark, that the trademark and all ultimate rights therein belong exclusively to the City, and that the trademark has developed a sense of community pride in the minds of the public. Licensee agrees that the trademark is, and shall remain, the property of the City and that Licensee obtains no right, title, or interest in or to the trademark except for the limited rights to use the trademark as set forth in this Agreement. Licensee acknowledges and agrees that any goodwill generated by Licensee's use of the trademark shall inure exclusively to the benefit of the City.
Licensee shall not manufacture, market, distribute or sell any confusingly similar unlicensed products that are intended to, or that consumers would reasonably believe to, trade off the goodwill of the trademark licensed hereunder. Licensee shall not, during the term of the Agreement or at any time thereafter, dispute or contest, directly or indirectly, the City’s ownership of the trademark; the City’s exclusive right (subject to valid licenses granted by City) to use the trademark; the validity of any trademark registrations pertaining to the trademark or the City’s ownership thereof, nor shall the Licensee assist or aid others in doing so. At the City’s request the Licensee shall cooperate with the City in preventing or stopping any infringement or unfair use by any third party of the products or trademarks. The City shall determine what action, if any, it elects to pursue in regard to preventing or stopping any infringement or unfair use by any third party of the products or trademarks and shall be under no obligation whatsoever to take action at Licensee's request.
ADVERTISING
The City may request Licensee to submit advertisements and promotional material which Licensee intends to use to promote products for City’s written approval prior to publication or distribution.
NOTICE OF TRADEMARK
The City may apply to register trademarks and/or copyrights for any design incorporating the trademark on the products and/or the trademarks as may be reasonably necessary, in the City’s sole discretion, to protect the City’s interests. All applications for registration of claims to copyright, where applicable, shall identify the City as the copyright proprietor; and all applications to register trademarks shall identify the City as the trademark owner.
If the City requires any specimens of the products, or any photographic reproductions of the same, for use in filing copyright or trademark applications, Licensee shall provide the City with the same at Licensee's expense.
At the City’s request, the Licensee shall execute assignments in favor of the City of any and all copyrights, trademarks, or other intellectual property rights of whatever kind relating to the products and/or the trademark without further consideration and Licensee will, upon the request of the City, assign to the City any rights, if any, which Licensee may have acquired through its use of the trademark.
The City may require the Licensee to provide a legally sufficient credit line on the products and packaging, wrapping, advertising, and promotional material bearing any reproductions of the products or the trademarks, in the following format: “Registered Trademark of the City of Norco”.
Licensee agrees to display “Officially Licensed City of Norco Trademark Product Certificate” at place of business or product display.
The Licensee must incorporate the appropriate trademark designation symbols, either ® or ™, and may not delete or erase the symbol from the design. In rare instances, omission of the symbols may be granted due complications with production processes or when inclusion of the symbols interferes with the integrity of the design or significantly reduces consumer appeal. Generally, a trademark endorsement statement is included instead on the back of such items or on the package, label or hangtag.
SALES AFTER EXPIRATION
Upon expiration or termination (for whatever reason) of this Agreement, Licensee shall not be permitted to sell, distribute or ship its remaining inventory of products following the termination date of this Agreement without the express written consent from the City.
Upon expiration or termination, Licensee shall provide the City with a complete accounting statement of all remaining inventory of products within five business days. The Licensee shall not, without prior written consent of the City, sell or ship any such remaining products as distress merchandise, or to unaffiliated third parties for eventual resale, or otherwise than in the ordinary course of business. Licensee shall not stockpile inventory prior to expiration or termination of this Agreement for purposes of sale or shipment thereafter. The City shall have the right to buy at cost remaining inventory of products upon expiration or termination of this Agreement.
RIGHTS RESERVED BY CITY
Any and all rights in and to said trademarks which are not expressly granted to the Licensee are hereby reserved by the City. Any one or more of such reserved rights may be exercised or enjoyed by the City, directly or indirectly, at any and all times.
REMEDIES
All specific remedies provided for in this Agreement shall be cumulative and shall not be exclusive of one another or of any other remedies available in law or equity. Failure of the City to insist upon strict performance of any of the covenants or terms hereof to be performed by the Licensee shall not be construed to be a waiver of any such other covenants or terms. Should the City be forced to initiate legal action due to Licensee's breach hereof, then all legal costs incurred therein by the City shall be recoupable by the City.
NO PARTNERSHIP OR JOINT VENTURE
This Agreement does not constitute and shall not be construed as constituting a partnership, agency, or joint venture between the City and Licensee. The Licensee shall have no right to obligate or bind the City in any manner whatsoever and nothing herein contained shall give or is intended to give any right of any kind to any third party.
NO ASSIGNMENT
The license hereby granted is and shall be personal to the Licensee and shall not be assignable by any action of the Licensee or by operation of the law, and any attempt at such assignment shall be null and void. This Agreement shall inure to the benefit of and shall be binding upon the City’s successors and assigns.
NON-DISCRIMINATION
The Licensee may not use the trademark in any way that discriminates or implies discrimination against any persons or groups based on race, color, creed, religion, national origin, citizenship, sex, age, marital status, sexual orientation, disability or military status or in any other way that would be a violation of the City’s non-discrimination policies or practices.
TRADEMARK VIOLATIONS
The City is prepared to enforce trademark infringements in order to protect its residents and to protect the City’s assets against the possibility of dilution of its trademarks and their value. Infringement would be grounds for the seizure of all non-approved products bearing the City’s trademarks. The City reserves the right to pursue any and all legal remedies against infringement of its trademarks. If the City engages the services of an agent, the agent is authorized to pursue enforcement actions on the City’s behalf.
TERMINATION OF AGREEMENT
The terms are pursuant to the same terms and conditions of Section No. 12 of this Agreement.
OFFICIAL NOTICE
The terms are pursuant to the same terms and conditions of Section No. 13 of this Agreement.
GENERAL PROVISIONS
The terms are pursuant to the same terms and conditions of Section No. 14 of this Agreement.
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TRADEMARKLICENSE AGREEMENT
PARTNERSHIP LICENSE
This license agreement (“Agreement”) is made and entered into effect this 215'day of September, 2021, (“Effective Date”) between the City of Norco, a municipal corporation (“City”)and Horsetown USA Hall of Fame (“Licensee"), a Partnership Licensee of the City of Norco’s Name Only trademark, Full Color illustration-Text Logo trademark, Ful Color Text Logo trademark, and One-Color Illustration-Text Logo trademark. l
DEFINITIONOF TERMS
Trademark: As defined by the United States Patents &Trademarks Office, “a trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others."
Licensee: A person or an organization that has been granted the legal right by the City of Norco, under a trademark license agreement, to use the City’s trademark(s) before any products are manufactured, sold, distributed or marketed.
License Agreement: A written legal agreement between the owner of the trademark (licensor) and a retailer/manufacturer/vendor (licensee). The licensor grants permission to the licensee to affix the licensor’s trademark(s) on a product(s). This license must be in place before any products with a City trademark are manufactured, sold, distributed or marketed.
Partnership License: Specific license for the use of City trademarks by a third party, specifically entities with official sponsorship relationships with the City, to promote or advertise that party’s business (commercial or charitable) in a way that directly implies association with the City of Norco.
GRANT OF LICENSE
The Licensee is an individual, organization or company with an official partnership/sponsorship relationship with the City. The City hereby grants to Licensee a limited, revocable, non—exclusive, non-sub-licensable and non—transferable right to use the Name Only trademark, Full Color illustration-Text Logo trademark, Full Color Text Logo trademark, and One-Color illustration-Text Logo trademark on the following product(s). The Licensee may not use any City trademark in any other use than otherwise stated in this Agreement.
- Approved Use: Name Only trademark, Full Color illustration-Text Logo trademark, Full Color Text Logo trademark, and One-Color illustration-Text Logo trademark on digital assets, including website and social media, and physical products, including apparel, awards, brochures, giveaways, letterhead and signage.
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Trademark License Agreement Partnership License
LIMITATIONSON LICENSE
No license is granted hereunder for the use of the trademark for any purpose other than upon or in connection withthe products/uses listed above.
Licensee may not sub—licensethe rights granted by this Agreement without the express prior written approval of the City, and any such sub~license or attempted sub-license shall constitute a material breach of this Agreement.
Licensee specifically agrees and acknowledges that making, using, distributing and/or selling of any unauthorized products, articles, and/or promotional materials which uses any aspect of a City trademark, is an infringement of the trademark that may result in serious damages, dilution, and tarnishment to the integrity, distinctiveness, and value of the trademark and wiil constitute a material breach of this Agreement. Licensee shall neither contest nor object to immediate termination of this Agreement.
PAYMENT
Under this Partnership License, the Licensee is required to pay an annual fee directly to the City in the amount of $100 on the Effective Date.
TERMOF CONTRACT
The term of this license agreement shall be the period beginning on the Effective Date and ending on September 21, 2022. The City Manager's Office may extend the term of this Agreement in writing for two additionai one-year terms or such other term not to exceed two years from the date of termination pursuant to the same terms and conditions of this Agreement. At time of renewal, the Licensee must submit a new application but willnot be required to pay the non-refundable application fee as long as there are no changes to the products, designs, materials or distribution plans listed in the original application. The renewal may be pursuant to the same terms and conditions of this Agreement.
OBLIGATIONS OF LICENSEE
Licensee agrees to defend, hold harmless and indemnify the City, its officers, agents and employees from and against any and all losses, liability or damages including reasonable attorneys’ fees arising out of, in consequence of or resulting from the acts and/or omissions of Licensee, its consultants, agents or employees, intentional, negligent or othenrvise. Licensee assumes no responsibility to indemnify the City for the negligent acts or omissions of the City, its officers, agents and employees. it is agreed upon and understood that the Licensee will maintain a policy of general liability insurance in the minimum amount of one million dollars ($1,000,000) per incident, naming the City as an additional insured with a separate endorsement page to cover any liability imposed or claimed, including attomey’s fees and any legai expenses, for acts or omissions of Licensee or Licensee's agents occurring outside the normal course and scope of this Agreement.
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The City reserves the right for cases in which the trademark is applied to potentially dangerous products to require the Licensee to obtain an additional product liabilit insurance policy, with a minimum coverage of $1 ,0O0,000 per incident. y
OBLIGATIONSOF THE CITY
The City agrees to comply with all reasonable requests of Licensee and provide access to all documents reasonably necessary under this Agreement.
APPROVALS
The Licensee, as well as all products and designs, must be pre-approved before any products are manufactured, sold, distributed or marketed. The Licensee must provide a sample for review showing how the City of Norco trademark would appear on the requested product before the product is manufactured, sold, distributed or marketed.
Approval to use a trademark in one capacity does not constitute approval to use the trademark again, or in connection with any other item, or to change the design in any way.
SAMPLES
The City may request Licensee to provide samples of each of the completed products, promptly after completion.
ALTERATIONS
The Licensee may not alter the trademark in any way, including color, proportions, spelling, punctuation, etc. Products produced with altered logos, where the express permission of the City of Norco was not provided, may be considered counterfeit and subject to all available legal remedies, including the seizure of merchandise. City trademarks must be properly maintained (i.e., cannot appear damaged or low quality).
CO-BRANDING
City of Norco trademarks may not be used in conjunction with the name or trademark(s) of any other entity without the prior written permission of that entity. if permission is granted by the City Manager's Office to use both City trademark and another party‘s trademark in a design, the trademarks must be distinct and separate from each other, and the City's trademarks must not be overshadowed or diminished in any way in comparison to the other entity’s trademark. Approval of any such duat use City trademarks will be limited to instances where there is a compelling institutional priority in allowing such a use.
NO ENDORSEMENT
The Licensee may not use the trademarks in any manner that suggests or impties the City’s endorsement of other organizations, companies, products, services, political parties or views, or religious organizations or beliefs.
QUALITY
Licensee acknowledges that if the products manufactured and sold by it are of inferior quality in material and workmanship, the substantial goodwill which the City has built up
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and now possesses in the trademark will be impaired. Accordingly, Licensee warrants that the products will be of high standard and of such appearance and quality as shall be reasonably adequate and suited to their exploitation and best advantage.
The City may request the Licensee to submit finished samples of all products to be manufactured, together with its cartons and containers, including packaging and wrapping material, which shall be approved in writing by the City before the products are manufactured, sold, distributed or marketed. Licensee acknowledges that the image associated with the trademark requires that any products must be in good taste and meet high standards of quality. Because judgments of taste and quality may be subjective, Licensee agrees that the City may grant or deny any approval or consent required under this section in its sole and absolute discretion. After samples of the products have been approved pursuant to this paragraph, Licensee shall not depart therefrom without prior written consent from the City. The City shall have the right at any time to inspect the products. in the event there is a departure from the approved sample of the products made or distributed by Licensee, or in the event there is an occurrence connected with the products which reflect unfavorably upon the City, the City shall have the right, in the reasonable exercise of its sole discretion, to withdraw its approval of such products, at which time this Agreement shall automatically terminate with respect to such products. Thereupon, Licensee shall cease the use of the trademark in the sale, advertising, distribution, or use of such products immediately upon notice from City. I f there are other products under this Agreement not covered or affected by the foregoing sentences of this paragraph, the City may elect, in its sole discretion, to continue this Agreement as to those other products. Licensee shall immediately notify City if there is an event or occurrence relating to Licensee of the products that may re?ect unfavorably on the products or the City.
GOODWILL
Licensee acknowledges the City’s exclusive rights of the trademark and further acknowledges the value of the goodwill associated with the trademark, that the trademark and all ultimate rights therein belong exclusively to the City, and that the trademark has developed a sense of community pride in the minds of the public.
Licensee agrees that the trademark is, and shall remain, the property of the City and that Licensee obtains no right, title, or interest in or to the trademark except for the limited rights to use the trademark as set forth in this Agreement. Licensee acknowledges and agrees that any goodwill generated by Licensee's use of the trademark shall inure exclusively to the benefit of the City.
Licensee shall not manufacture, market, distribute or sell any confusingly similar unlicensed products that are intended to, or that consumers would reasonably believe to, trade off the goodwili of the trademark licensed hereunder. Licensee shall not, during the term of the Agreement or at any time thereafter, dispute or contest, directly or indirectly, the City’s ownership of the trademark; the City’s exciusive right (subject to valid licenses granted by City) to use the trademark; the validity of any trademark registrations pertaining to the trademark or the City’s ownership thereof, nor shall the Licensee assist or aid others in doing so. At the City's request the Licensee shall
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cooperate with the City in preventing or stopping any infringement or unfair use by any third party of the products or trademarks. The City shall determine what action, if any, it elects to pursue in regard to preventing or stopping any infringement or unfair use by any third party of the products or trademarks and shall be under no obligation whatsoever to take action at Licensee's request.
ADVERTISING
The City may request Licensee to submit advertisements and promotional material which Licensee intends to use to promote products for City’s written approval prior to publication or distribution.
NOTICE OF TRADEMARK
The City may apply to register trademarks and/or copyrights for any design incorporating the trademark on the products and/or the trademarks as may be reasonably necessary, in the City’s sole discretion, to protect the City’s interests. All applications for registration of claims to copyright, where applicable, shall identify the City as the copyright proprietor; and all applications to register trademarks shall identify the City as the trademark owner.
Ifthe City requires any specimens of the products, or any photographic reproductions of the same, for use in filing copyright or trademark applications, Licensee shall provide the City with the same at Licensee's expense.
At the City's request, the Licensee shall execute assignments in favor of the City of any and all copyrights, trademarks, or other intellectual property rights of whatever kind relating to the products andlor the trademark without further consideration and Licensee will, upon the request of the City, assign to the City any rights, if any, which Licensee may have acquired through its use of the trademark.
The City may require the Licensee to provide a legally suf?cient credit line on the products and packaging, wrapping, advertising, and promotional material bearing any reproductions of the products or the trademarks, in the following format: "Registered Trademark of the City of Norco”.
Licensee agrees to display “Of?cially Licensed City of Norco Trademark Product Certificate" at place of business or product display.
The Licensee must incorporate the appropriate trademark designation symbols, either ® or W, and may not delete or erase the symbol from the design. In rare instances, omission of the symbols may be granted due complications with production processes or when inclusion of the symbols interferes with the integrity of the design or significantly reduces consumer appeal. Generally, a trademark endorsement statement is included instead on the back of such items or on the package, label or hangtag.
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SALES AFTER EXPIRATION
Upon expiration or termination (for whatever reason) of this Agreement, Licensee shall not be permitted to sell, distribute or ship its remaining inventory of products following the termination date of this Agreement without the express written consent from the City. Upon expiration or termination, Licensee shall provide the City with a complete accounting statement of all remaining inventory of products within ?ve business days.
The Licensee shall not, withoutprior written consent of the City, sell or ship any such remaining products as distress merchandise, or to unaffiliated third parties for eventual resale, or otherwise than in the ordinary course of business. Licensee shall not stockpile inventory prior to expiration or termination of this Agreement for purposes of sale or shipment thereafter. The City shall have the right to buy at cost remaining inventory of products upon expiration or termination of this Agreement.
RIGHTS RESERVED BY CITY
Any and all rights in and to said trademarks which are not expressly granted to the Licensee are hereby reserved by the City. Any one or more of such reserved rights may be exercised or enjoyed by the City, directly or indirectly, at any and all times.
REMEDIES
Allspeci?c remedies provided for in this Agreement shall be cumulative and shall not be exclusive of one another or of any other remedies available in law or equity. Failure of the City to insist upon strict performance of any of the covenants or terms hereof to be performed by the Licensee shalt not be construed to be a waiver of any such other covenants or terms. Should the City be forced to initiate legal action due to Licensee's breach hereof, then all legal costs incurred therein by the City shall be recoupable by the City.
NO PARTNERSHIP OR JOINT VENTURE
This Agreement does not constitute and Shall not be construed as constituting a partnership, agency, or joint venture between the City and Licensee. The Licensee shall have no right to obligate or bind the City in any manner whatsoever and nothing herein contained shall give or is intended to give any right of any kind to any third party.
NO ASSIGNMENT
The license hereby granted is and shall be personal to the Licensee and shall not be assignable by any action of the Licensee or by operation of the law, and any attempt at such assignment shall be null and void. This Agreement shall inure to the bene?t of and shall be binding upon the City's successors and assigns.
NON-DISCRIMINATION
The Licensee may not use the trademark in any way that discriminates or implies discrimination against any persons or groups based on race, color, creed, religion, national origin, citizenship, sex, age, marital status, sexual orientation, disability or military status or in any other way that would be a violation of the City’s nondiscrimination policies or practices.
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Trademark License Agreement — Partnership License
TRADEMARKVIOLATIONS
The City is prepared to enforce trademark infringements in order to protect its residents and to protect the City’s assets against the possibility of dilution of its trademarks and their value. infringement would be grounds for the seizure of all non—approved products bearing the City’s trademarks. The City reserves the right to pursue any and all legal remedies against infringement of its trademarks. Ifthe City engages the services of an agent, the agent is authorized to pursue enforcement actions on the City’s behalf.
TERMINATIONOF AGREEMENT
The City shall have the right to temiinate this Agreement without cause at any time.
OFFICIALNOTICE
Any notices to be given hereunder by either party to the other may be effected either by personal delivery in writing or by U.S. mail to the following addresses:
CITY: City of Norco
Attn: City Manager
2870 Clark Avenue
Norco, CA 92860
LICENSEE: Horsetown USA Hall of Fame
Attn: Denise Purcell
PO Box 7782
Norco, CA 92860
GENERALPROVISIONS
The formation, construction and performance of this Agreement shall be construed in accordance with the laws of the State of California.
This Agreement constitutes the sole and complete Agreement between the parties. This Agreement supersedes any and all written and oral agreements between the parties and any ordinance, rule, regulation, policy, or procedure of the City that is inconsistent with the Agreement. No amendments may be made to this Agreement except in writing and signed by the parties hereto.
Ifany provision of this Agreement is held invalid or unenforceable, the remainder shall remain in fullforce and effect.
A y kor
ity Manager
City of Norco Horsetown Hall of Fame
A Municipal Corporation Partnership Licensee
Trademark License Agreement —- Partnership License
INWITNESS WHEREOF, the parties have executed this Agreement the day and year first written above.
Attes
City Clerk
Approved as to Form:
Jo n Harper, City Attorney
,,“,u/ '7./,/yo.2,/of
Denise Purcell
Treasurer
City Council
STAFF REPORT
Date: December 18, 2024 Agenda Item:
3.H.
To: Honorable Mayor and City Council Members
From: Daphne Liu, Interim Finance Director
Prepared By: Julie Houser, Admin Analyst
Department: Finance
SUBJECT:
Declaration of Assorted Obsolete City Assets as Surplus Property RECOMMENDATION:
Adopt Resolution No. 2024-58, declaring assorted obsolete City assets as surplus property and authorize the City Manager to dispose them through public auction, scrap or donation.
SUMMARY:
Staff have accumulated a list of various obsolete City assets which are obsolete/inoperable, have met their useful lives, and no longer meet the City’s operating needs.
BACKGROUND:
Staff has completed a review of various assets in their departments and have determined that the City of Norco has assorted list of assets to be declared as surplus because they are obsolete, inoperable and have reached their useful lives. These assets no longer meet City standards and operating needs. Departments have reviewed these assets and have determined that they have no useful repurposing in their operation for these assets.
FISCAL IMPACT:
Revenues received from the disposition of these assets will be deposited into the Fund that owns the assets.
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: Daphne Liu, Finance Director Approved by: Lisette Free, Interim City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
Reso
Surplus List 12.18.24
RESOLUTION NO. 2024-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORCO, CALIFORNIA, DECLARING ITEMS AS SURPLUS TO BE
AUCTION, SCRAPED OR AUTHORIZED FOR DONATION AS
DESCRIBED
WHEREAS, the City of Norco periodically reviews its assets and equipment that has lived its life expectancy, has discontinuance of use and or is declared inoperable or scrap for surplus; and
WHEREAS, the City of Norco has an assorted number of assets to be declared as surplus that no longer meet City’s standards, technical viability or use; and WHEREAS, the City of Norco has determined that the surplus assets have no useful repurposing and would have a better purpose for public auction or salvaged; and WHEREAS, the City has determined that some assets would have better use if classified as surplus property and made available for donation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Norco, California, does hereby declare as surplus those items as described in Exhibit A, attached hereto and incorporated herein by this reference, and authorizes the City Manager to dispose said assets through public auction, scrap or donation.
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on December 18, 2024.
Greg Newton, Mayor
City of Norco, California
ATTEST:
Dana Roa, CMC, City Clerk
City of Norco, California
Resolution No. 2024-58 – Declaring Items Surplus
December 18, 2024
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was introduced and adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on December 18, 2024 by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on December 18, 2024.
Dana Roa, CMC, City Clerk
City of Norco, California
Exhibit A: List of surplus items
City of Norco
Surplus List
Items: Public Works
Vehicles Quantity
Unit #125 – 1996 GMC Dump Truck 1
Unit #436 – 2008 Ford 150 1
Items: Facilities and maintenance
Vehicles & Equipment Quantity
Unit #138 – 1990 International Water Truck 1
Rotary Harrow-Grading & Grooming Equipment 1
TR3 Groomer-Grading & Grooming Equipment 1
Cultipacker-Grading & Grooming Equipment 1
Gearmore 4G4-Grading & Grooming Equipment 1
Items: Code Compliance
Vehicle Quantity
Unit #405 – 2007 Ford Explorer 1
Items: IT
Monitors Quantity
BenQ FP767 LCD 1
HP 27YH LCD 1
Insignia NS-24ED200NA14 1
ViewSonic VA2246M -LED 28
ViewSonic VA2452SM 6
ViewSonic VA2746mh-LED 1
ViewSonic VX2250WM-LED 2
Workstations Quantity
i5 – 4590 3
i5 – 6500 3
i5 – 8500 8
i5 – 9500T 4
Mac Mini M1 1
City of Norco
Surplus List
Misc Quantity
AT&T Edgewater VOIP Gateway Appliance 1
Barracuda BVS180A SSL VPN Appliance 1
BOGEN GS250 Public Address Amp 1
Cell Phones and Tablets (Android, iPad, iPhone) 10+
HP JG349A 8 Port Switch 2
HPJE008A v1910 24 Port Switch 4
IBM 3488 InfoWindow ll Twinax Terminal Base 1
InFocus PCI7-4770T-MP PC Module 1
Options MT2834BL 1
RackMount Keyboard Drawer LCDK1002-d 1
SonicWall NSA 2400 Appliance 1
TCL 55’ TV 55S405 1
TP-Link Deco AX3000 1
TrendNet TFC-1600 Media Converter Chassis 1
Tripp Lite Smart Pro SM5389 1
Laptops Quantity
Lenovo 15.6’ ThinkPad L15 i7 2
Lenovo ThinkPad E550 i5-5200 12
Printers/Fax Quantity
Brother MFC-J6935DW Inkjet 1
Servers Quantity
HP ProLiant DL320 1
IBM 794572U Server 1
SuperMicro AS-1115SV-WTNRT 1
SuperMicro SuperServer SYS-5019S-MT 1
Unitrends Recovery 818S Server 1
City of Norco
Surplus List
Items: Finance
Office Furniture Quanity
HON 4-Drawer File Cabinet 3
HON 2-Drawer File Cabinet 1
HON Metal Book Case/Shelf 1
City Council
STAFF REPORT
Date: December 18, 2024 Agenda Item:
3.I.
To: Honorable Mayor and City Council Members
From: Dana Roa, City Clerk
Prepared By: Sophia Thompson, Deputy City Clerk
Department: City Clerk
SUBJECT:
City Council Holiday Meeting Schedule
RECOMMENDATION:
Cancel City Council meeting scheduled for Wednesday, January 1, 2025.
SUMMARY:
Due to City Hall Holiday closures, vacations and commitments, it is being proposed that the City Council cancel the regular meeting of Wednesday, January 1, 2025.
If there are any time-sensitive items that necessitate City Council action, a Special City Council meeting will be called and noticed.
BACKGROUND:
Set by Resolution, the City Council meets the first and third Wednesday of every month.
FISCAL IMPACT:
There is no fiscal impact for this item.
RELATIONSHIP TO STRATEGIC PLAN:
This 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: Daphne Liu, Finance Director
Approved by: Lisette Free, Interim City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney
City Council
STAFF REPORT
Date: December 18, 2024 Agenda Item:
3.J.
To: Honorable Mayor and City Council Members
From: Chad Blais, Public Works Director
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Increase in Purchase Order for RKA for design services related to Fourth Street Improvement Project (Sierra Ave to Corona Ave)
RECOMMENDATION:
Review and approve the change order for RKA in the amount of $47,045 for the Fourth Street Improvement Project - Sierra Ave to Corona Ave (Project No. 54900.24) for total contract amount of $167,015 and City Manager authorization for a 10% contingency on design services in case any minor additional design work is required.
SUMMARY:
A change order is being requested in the amount of $47,045 for RKA for additional design efforts and modifications related to the Fourth Street Improvement Project - Sierra Ave to Corona Ave.
BACKGROUND:
The City Council previously approved a purchase order for RKA to provide professional design services for the Fourth Street Improvement Project - Sierra Ave to Corona Ave in the amount of $119,970. The scope of work included new curb and gutter, widening and reconstruction of the roadway. However, additional design work became warranted in order to adjust the area of improvement to include the section of Fourth St from Sierra Ave westerly to the flood channel to clean up the workmanship issues related to the N-4 Storm Drain Project currently in construction. RKA has also added the portion of roadway on Valley View Ave between Fourth St. and Third St. that is beyond the roadway improvements being completed as part of the N-5 Storm Drain Project. There have also been additional plan revisions required to adjust storm drain locations to match the widening and curb and gutter location not previously accounted for as part of the storm drain projects. RKA is also proactively working with SCE for the numerous pole relocations that must be completed as part of project. However, SCE has been very slow in their review and thus prolonging work for RKA.
RKA has submitted a proposal summary of additional work already requested and completed and some work still remaining to be completed in the amount of $47,045 (see attached Scope). Any remaining work will be completed on a time and materials basis within the amount requested.
FISCAL IMPACT:
The Fourth Street Improvement Project (Project No. 54900.24) is an approved Capital Improvement Project in the Measure R Fund for Fiscal Year 2024-25. Funds in the amount of $1,875,000 ($1,825,000 for construction and $50,000 for design; Account No's. 132.930.41360 & 132.930.41360.30, respectively). The project has sufficient funds in the budget to cover the additional costs in the amount of $47,045 plus the 10% contingency. Staff will transfer from the construction budget to design to cover the additional costs plus the 10% contingency in case any minor additional design work is required.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Plan Direction No. 5 - Infrastructure & Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Daphne Liu, Finance Director Approved by: Lisette Free, Interim City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
Fourth Street Additional Services
CITY OF NORCO – FOURTH STREET ADDITIONAL SERVICES
PAGE 1
December 2, 2024
Chad Blais
City of Norco
2870 Clark Avenue
Norco, CA 92860
RE: ADDITIONAL ENGINEERING DESIGN SERVICES FOR FOURTH STREET, NORTH NORCO CHANNEL TO CORONA AVE.
Dear Mr. Blais:
RKA Consulting Group is requesting an increase in the design budget for Fourth Street for out-of-scope work that has already been completed and for out-of-scope work that is currently in design. Below is a summary of the out-of-scope work and the associated costs.
ADDITIONAL SCOPE OF WORK
Task 1. Merging Valley View Avenue PS&E with Fourth Street PS&E - $14,000 • The northerly portion of Valley View Avenue from Third Street to Fourth Street was not constructed as part of the N-5 project. It will now be combined with the Fourth Street project. Valley View was surveyed using a different coordinate system as Fourth Street. All of the Valley View CAD files including base files and construction notes were moved and rotated to match the Fourth Street coordinate system. Both Valley View Avenue and Fourth Street drawings were modified, rearranged, and renumbered to make a single drawing set.
The specifications and costs estimates were also combined.
Task 2. Add Street Trees to the Plans - $1,920
• Street Trees were added to six drawings and specifications.
Task 3. Revisions to N-4 Storm Drain plans - $13,800
• The plans designed by Tait were designed to match the existing street configuration, not the future widening on both Fourth Street and Valley View Avenue. RKA was tasked with revising Tait’s storm drain plans to move all of the catch basins to the future catch basin locations and future elevations. Two additional drawing sheets were created to detail the local depressions and a new drawing was created for a storm drain extension onto Sierra Avenue for a future storm drain north of Fourth Street.
Task 4. Additional Surveying - $12,045
• $4,135 on Sierra Avenue to identify drainage issues and additional driveway surveys onto private properties at Corona Avenue.
• $1,700 to extend the survey from Sierra Avenue to the I-15 bridge. • $6,210 to stake out the catch basins for the N-4 project. Due to the different coordinate systems and different benchmarks between Tait’s N-4 plans and RKA’s Fourth Street plans, it was decided that it is best for Kelsoe and Associates to stake out the catch basins and local depressions on Fourth Street and Valley View Avenue to ensure that the basins are 398 Lemon Creek Drive, Suite E ● Walnut, CA 91789
Phone: (909) 594-9702 ● Fax: (909) 594-2658 ● www.rkagroup.com
CITY OF NORCO – FOURTH STREET ADDITIONAL SERVICES
PAGE 2
constructed in the proper location.
Task 5. Extend Street Improvements to Norco North Channel - $5,280 • Extend the curb and gutter on the south side of Fourth Street easterly 400’ to join at the I-15 bridge. Add one street improvement plan and one signing and striping plan. Update specs and cost estimate.
• A Caltrans encroachment permit is excluded
RKA is requesting an additional $47,045 to increase the budget from $119,970 to $167,015.
We appreciate the opportunity to provide this proposal and look forward to working with you on this project. If you should have any questions, please do not hesitate to contact me at (909) 594-9702 or by e-mail at [email protected].
Sincerely,
Kurt Pedersen
Project Manager/Senior Engineer
City Council
STAFF REPORT
Date: December 18, 2024 Agenda Item:
3.K.
To: Honorable Mayor and City Council Members
From: Amanda Hamilton, Facilities and Maintenance
Director
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:
Approve Five-Year Licensing Agreement with Norco Cowgirls Drill Team RECOMMENDATION:
Approve Five-Year Licensing Agreement between the City of Norco and the Norco Cowgirls Rodeo Drill Team for the use of the Ingalls Event Center, including the Moreno Arena and Clark Arena, for a five-year term, with an option to extend.
SUMMARY:
The proposed Licensing Agreement will support the Norco Cowgirls Rodeo Drill Team, a key ambassador for Norco’s agricultural and equestrian heritage, by granting them access to the Ingalls Event Center’s Moreno or Clark Arena for up to 40 practice sessions annually. The agreement, effective from December 18, 2024, to December 18, 2029, with an option for a five-year extension, includes a $350 annual booking fee (adjusted annually based on CPI). The team’s practice sessions are crucial for preparing their performances at high-profile events such as the Tournament of Roses Parade, which provide valuable exposure for the City, attracting tourism and reinforcing Norco’s reputation as a leader in equestrian culture. This agreement ensures the continued success of the Norco Cowgirls, fostering community pride and promoting the City’s equestrian heritage.
BACKGROUND:
The Norco Cowgirls Rodeo Drill Team, founded in 2008, plays an essential role in representing and promoting Norco’s identity as "Horsetown USA." Through their commitment to practice and performance, the team helps preserve the City’s agricultural and equestrian heritage, showcasing Norco’s unique traditions as a prominent equestrian community. The team’s participation in high-profile events such as the Tournament of Roses Parade not only highlights their talents but also generates
significant exposure for the City. This visibility attracts tourism, fosters local pride, and reinforces Norco’s standing as a leader in equestrian culture.
The Norco Cowgirls participate in various regional and national events, including the Tournament of Roses Parade, where their precise and impressive drill maneuvers have earned them recognition from thousands of spectators. In addition to the Parade, the team performs at Norco’s local rodeos and other regional events, continually raising the profile of the City as a hub for equestrian sports and community spirit.
To ensure the continued success of the team, practice sessions are held at the Ingalls Event Center on select Monday evenings from 6:00 PM to 9:00 PM. The team utilizes either the Moreno Arena or Clark Arena for up to 40 practice sessions annually. These sessions focus on developing fast-paced drill maneuvers, which are critical for competition preparation and public performances. Access to the Ingalls Event Center arenas is essential to the team’s ability to maintain the high standards expected of them while ensuring safety during training.
The proposed Licensing Agreement outlines the following key terms:
Term of Agreement: The agreement will be for a five-year term, from December 18, 2024, to December 18, 2029, with an option for a five-year extension, subject to City Council approval. An annual review will be conducted to ensure compliance and make any necessary adjustments.
Facility Access: The Norco Cowgirls Rodeo Drill Team will have access to the Moreno or Clark Arena at the Ingalls Event Center on Mondays from 6:00 PM to 9:00 PM, for up to 40 practice sessions per year. Additionally, the team will have access to the sound booth, lighting, parking lot, and restrooms. The City reserves the right to cancel or reschedule practices if necessary due to maintenance or unforeseen circumstances.
Booking Fee: In lieu of a rental fee, the team will pay an annual booking fee of $350 for the 2025 term. Currently, the rate for events during Fiscal Year 2024-25 will be $350 for the annual booking fee. The rate will be adjusted annually based on changes to the adopted Fee Schedule.
Insurance and Liability: The team will be required to provide liability insurance, naming the City of Norco as an additional insured party. The Norco Cowgirls will indemnify the City against any claims arising from their activities at the facility.
This Licensing Agreement is essential for the continued success of the Norco Cowgirls Rodeo Drill Team and their role in promoting Norco as a key center for equestrian culture. By supporting the team’s ongoing training and performances, the City enhances its visibility and reinforces its reputation as a leading equestrian community. Approval of this agreement will ensure continued support for this important local organization and its contributions to Norco’s heritage, further solidifying the City’s position as "Horsetown USA."
FISCAL IMPACT:
The $350 annual booking fee, adjusted annually according to CPI, will contribute to the City’s maintenance and operational costs associated with the Ingalls Event Center. This fee will help offset the cost of providing the facility for the Cowgirls’ use. No significant fiscal impacts are anticipated beyond this revenue.
RELATIONSHIP TO STRATEGIC PLAN:
This item is closely related to Strategic Plan No.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: Daphne Liu, Finance Director Approved by: Lisette Free, Interim City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
Norco Cowgirls License Agreement 2024-2029
1 | Page
CITY OF NORCO
LICENSE AGREEMENT
THIS INDENTURE OF LICENSE is made and entered into on the day as set forth below, by and between the CITY OF NORCO, a municipal corporation of the State of California, hereinafter called “LICENSOR”, and the NORCO COWGIRLS DRILL TEAM of the City of Norco, hereinafter called “LICENSEE”.
W I T N E S S E T H:
LICENSOR, subject to the covenants and agreement hereinafter contained by the LICENSEE to be kept and performed, grants a license unto said Licensee, and Licensee does accept such license from Licensor, for the use of certain premises in the City of Norco, County of Riverside, State of California, described as follows:
The facility known as Moreno Arena and Clark Arena located at the Ingalls Event Center, 3737 Crestview Drive, to have and to hold unto said Licensee on the following terms and conditions:
1. TERMS
This License covers a five (5) year period from December 18, 2024 – December 18, 2029, with an option to extend the term for five (5) years based on City Council approval. An annual review of the terms and conditions of this License shall be conducted each December. The Licensee shall meet with the Licensor in December of each year to review and discuss the schedule for the forthcoming year. The Licensee shall provide the Licensor with a minimum of 24 hours' advance written notice in the event of a cancellation
The drill team practice use of the Ingalls Event Center includes the use of Moreno Arena or Clark Arena on selected Mondays from 6 PM to 9 PM for 40 practices.
The Norco Cowgirl Drill Team is composed of advanced riders along with up-andcoming riders on the drill team. The Licensee will have access to the arena, sound booth, parking lot, lighting, and restrooms. The Licensor holds the rights to cancel or change practice dates solely at licensors discretion. Further, the licensor reserves the right to modify or cancel reservations at the Ingalls Event Center in the event that maintenance or unforeseen circumstances arise. Additionally, the City of Norco maintains priority use of the facility, and as such, scheduled practices or events may be canceled or rescheduled if necessary.
The Ingalls Event Center and arena footings will be prepared by Licensor prior to the scheduled practices. Licensee will have full control of Moreno Arena or Clark Arena as defined herein, including any and all activities for the duration of the practice time. All other arenas, parking lots, and facilities are not covered under this contract for drill team practice. Licensee shall use said premises solely for the purpose of conducting drill team practice for the Norco Cowgirl Drill Team.
2 | Page
Any media coverage conducted at The Ingalls Event Center by the Licensee shall be subject to the prior written approval of the Licensor.
2. CONDITIONS OF LICENSE
In lieu of a rental fee, the team will pay an annual booking fee of $350 for the 2025 term. Currently, the rate for events during Fiscal Year 2024-25 will be $350 for the annual booking fee. The rate will be adjusted annually based on changes to the adopted Fee Schedule.
3. INDEMNIFICATION AND INSURANCE
To the fullest extent permitted by law, Licensee 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 Licensee or its officers, agents, or employees in rendering services under this license; 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 license. These obligations shall survive the completion or termination of this license.
Licensee further agrees to deliver to Licensor upon the execution of this license 60 day prior to its event two executed copies of a continuing Commercial General Liability Insurance Policy, to include the use of the Ingalls Event Center to include any and all activities associated to Norco’s Cowgirl Drill Team Practices satisfactory to Licensor, indemnifying and holding Licensor, 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. Licensee’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. No alcohol is to be served or sold during practices. The insurance requirements also apply to anyone hired for the event practices.
b. The City of Norco reserves the right to increase/decrease, change or eliminate the insurance requirements at any time.
General Aggregate $2,000,000
Personal & Advertising Injury $1,000,000
Each Occurrence $1,000,000
3 | Page
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 License.
4. REPAIRS AND MAINTENANCE
Licensee represents that it has inspected and examined the premises and accepts them in their present condition at each and all practice dates.
Licensee agrees that Licensor shall not be required to make any improvements whatsoever in or upon the premises hereby licensed or any part thereof. Licensor agrees to make any repairs deemed necessary to place the facility in a safe operating condition prior to the start of the annual term. Licensee agrees to make all necessary repairs to said premises during its permitted use if repairs are a direct result of the event.
Licensee further agrees to keep said premises safe, and in good condition and order during the term, and at the end of each annual term or at any sooner termination thereof, the Licensee 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. Licensee further agrees to keep said premises free from all nuisance and dangerous and defective conditions.
Licensee 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 Licensor.
5. PROHIBITION AS TO ASSIGNMENT AND SUB-LICENSING
Neither the licensed premises nor any portion thereof shall be sub-licensed, nor shall this Licensee, or any interest therein, be assigned, hypothecated, or mortgaged by Licensee and any such attempt shall be of no force or effect and shall confer no rights upon any assignee, sub-licensee, mortgagee, or pledge.
6. COMPLIANCE WITH THE LAW
Licensee 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 Licensee and shall not commit or allow violation of any law or ordinance on said premises.
7. LIABILITY FOR INJURIES TO PERSONAL PROPERTY
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Licensor shall not be liable to Licensee or Licensee’s officers, agents, employees, members, or guests 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.
8. LIABILITY FOR PROPERTY DAMAGE TO LICENSOR’S FACILITIES Licensee agrees to pay for any and all damages beyond the lump sum payment caused to any facilities, buildings, structures, equipment, and improvements of Licensor on said described property, if said damages are a direct result of Licensee’s use of the described premises during the license term. Said payment shall be made within 45 days, or as agreed upon, after receipt from Licensor of an itemized invoice delineating the damage and cost to repair such.
9. INSPECTION BY LICENSOR
Licensor’s duly authorized representatives shall have the right at all times to inspect said licensed premises to determine whether or not the provisions of the License are being complied with by Licensee.
10. RETURN OF PREMISES
Licensee shall return to Licensor 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 License, normal wear and tear excepted.
11. TERMINATION BY LICENSOR
Licensor may terminate this License at any time should it be determined by the City Manager that the public peace, health, safety, and welfare requires cancellation by serving upon Licensee 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.
12. DEFAULT
If Licensee shall be in default or fail to perform any of the terms or conditions herein agreed to be kept and performed by the Licensee, Licensor may terminate and end this License forthwith, and Licensor may enter upon said premises and remove all persons and property therefrom. Licensee shall not be entitled to any money paid hereunder or any part thereof.
13. WAIVERS
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Licensee shall provide the Licensor with signed waivers (See Appendix “A” and Appendix “B”) for all participants in Norco Cowgirl Drill Team practice sessions.
The Licensee is required to obtain waivers from all participants before they participate in any activities. The Licensee 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 over to the Director of Facilities and Maintenance on an annual basis.
Any equine animal rider who is under eighteen (18) years of age must wear a helmet that meets the American Society of Testing and Materials (ASTM) standards (or any other nationally recognized standard for equine helmets) which is properly fitted and fastened securely upon the rider’s head by a strap, when riding in a public area. This requirement applies regardless of whether a rider is controlling the equine animal.
The City of Norco reminds horse owners traveling with horses to participate in an equine event, that there is always disease risk when horses of unknown health status are commingled for a show or competition. The City strongly recommends that horse owners practice proper biosecurity when attending an equine event.
Compliance with basic biosecurity practices is an important factor in reducing risk of exposure to all contagious equine diseases. Follow basic biosecurity measures to decrease potential disease spread at equine events, including:
Limit horse-to-horse contact. Limit horse-to-human-to-horse contact. Avoid use of communal water sources. Avoid sharing of equipment unless thoroughly cleaned and disinfected between uses. Monitor your horse for clinical signs of disease and report any temperature over 102°F to a veterinarian.
14. ATTORNEY’S FEES
In an action brought under this License, the parties shall bear their own attorney’s fees.
15. TIME OF PERFORMANCE
All covenants must be performed promptly. If any default shall be made in any of the covenants on the part of the Licensee, Licensor may declare said license terminated and may enter upon the premises and repossess the same, for which purpose the consent of Licensee is hereby expressly given.
16. CONDUCT OF RODEO PERFORMANCE AND OTHER ANIMAL
RELATED ACTIVITIES
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All drill practices and activities shall abide by Norco Animal Control requirements and state, federal, and local laws. Licensee agrees to abide by the Norco Municipal Code Ordinance 1090, Chapter 8.09, Working Animal Protection Act.
17. NOTICES
Any notices that are required hereunder or which either Licensor or Licensee 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: Cowgirl Drill Team
Mychon Bowen, Captain
4530 Hillside Avenue
Norco, California, 92860
18. SUCCESSORS OF THE PARTIES
This License 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 license by written notice 180 days prior to the event. Written notice must be sent by Certified Mail.
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IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed.
CITY OF NORCO, CALIFORNIA
A Municipal Corporation
By:
________________________
Kevin Bash, Mayor
ATTEST:
________________________
Dana Roa, City Clerk
APPROVED AS TO FORM:
________________________
Harper & Burns, LLP, City Attorney
NORCO COWGIRL DRILL TEAM
By:
________________________
President/Representative
By:
_____________________________
Secretary Date
APPENDIX A
Norco Cowgirls Rodeo Drill Team
WAIVER/RELEASE FOR EVENT AND COMMUNICABLE DISEASES INCLUDING COVID-19
ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT In consideration of being allowed to participate in the City of Norco Ingalls Event Center facility rentals, programs, related events and activities, the undersigned acknowledges, appreciates, and agrees that:
1. I fully understand that my participation in Norco Cowgirls Rodeo Drill Team Club Practices and Events (hereinafter "events/classes") includes but is not limited to horseback riding, horse and demonstration clinics, drill performances and practices which exposes me to the risk of personal injury, death or property damage. I hereby acknowledge that I am voluntarily participating in this event/class and agree to assume any such risks.
2. I hereby release, discharge, hold harmless and agree not to sue the Norco Cowgirls Rodeo Drill Team and the City of Norco for any injury, death or damage to or loss of personal property arising out of, or in connection with, my participation in the events/classes from whatever cause, including the active or passive negligence of Norco Cowgirls Rodeo Drill Team Club and the City of Norco or any other participants in the events/classes.
3. In consideration for being permitted to participate in the event/classes, I hereby agree, for myself, my heirs, administrators, executors and assigns, that I shall indemnify and hold harmless the Norco Cowgirls Rodeo Drill Team Club and the City of Norco from any and all claims, demands actions or suits arising out of or in connection with my participation in the events/classes.
4. 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,
5. 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,
6. I willingly agree to comply with the stated and customary terms and conditions for participation as regards 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,
7. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Norco Cowgirls Rodeo Drill Team Club and the City of Norco, Ingalls Event Center 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 IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Name of participant: _____________________________________________ Participant signature: _____________________________________________ Date signed: ________________________
FOR PARENTS/GUARDIANS OF PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT TIME OF REGISTRATION) This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided about of all the Releasees, and, for myself, my child and our heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liabilities incident to my minor child’s involvement or participation in these programs as provided about, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law.
X_____________________________ _________________________________ Parent/Guardian’s Signature (print name)
Date signed: ________________________
APPENDIX B
HEALTHLY HORSE STATEMENT, HOLD HARMLESS
AND WAIVER OF LIABILITY FOR PARTICIPATION AT
CITY OF NORCO- EQUINE FACILITIES
PARTICIPANT INFORMATION
Horse Name: __________________________________________________________________________________ Color: _______________________________________________________________________________________ Markings: ____________________________________________________________________________________ Age: __________________________________Breed: _________________________________________________ Has your horse had a fever in the past 72 hours or been in contact with a known ill horse in the past 14 days? ❏ Yes ❏ No
RECOMMENDATIONS FOR PARTICIPANTS AT EQUINE EVENTS
City of Norco Animal Control Officials are continuously monitoring for equine disease cases. The City of Norco reminds horse owners traveling with horses to participate in an equine event, that there is always disease risk when horses of unknown health status are commingled for a show or competition. The City strongly recommends that horse owners practice proper biosecurity when attending an equine event. Compliance with basic biosecurity practices is an important factor in reducing risk of exposure to all contagious equine diseases. Follow basic biosecurity measures to decrease potential disease spread at equine events, including:
Limit horse-to-horse contact. Limit horse-to-human-to-horse contact. Avoid use of communal water sources.
Avoid sharing of equipment unless thoroughly cleaned and disinfected between uses. Monitor your horse for clinical signs of disease and report any temperature over 102°F to a veterinarian. I have read the above information and recommendations. (Initial)
AGREEMENT
To the best of my knowledge, the animal listed above is healthy and able to participate in City of Norco-sponsored equine events. I understand there is always a disease risk when horses of unknown health status are commingled for a show or competition. I hereby waive any claim for liability for any equine disease contracted by the above animal and agree to defend and hold harmless the City of Norco, its officers, employees, agents and volunteers, and all other participants in this equine event from claims or liability of any kind arising out of any equine disease allegedly contracted or arising from participation in this equine event.
Printed Name: ________________________________________________________________________________ Signature: __________________________________Date: ____________________________________________ Phone Number: _______________________________________________________________________________ Email Address: _______________________________________________________________________________
City Council
STAFF REPORT
Date: December 18, 2024 Agenda Item:
3.L.
To: Honorable Mayor and City Council Members
From: Chad Blais, Public Works Director
Prepared By: Sam Nelson, Deputy City Engineer
Department: Public Works
SUBJECT:
Acceptance of the Temescal Avenue Street Improvement Project (Sixth St. to Seventh St.) as Complete
RECOMMENDATION:
Accept the Temescal Avenue Street Improvement Project (Sixth St. to Seventh St.) as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.
SUMMARY:
The Temescal Avenue Street Improvement Project (Sixth St. to Seventh St.) consisted of new curb/gutter, storm drain and widening improvements on Temescal Avenue between Sixth Street and Seventh Street.
BACKGROUND:
On July 19, 2023, the City Council awarded a contract to Onyx Paving Company, Inc. in the amount of $1,727,000 and authorized the City Manager to approve contract change orders up to 10% for the Temescal Avenue Street Improvement Project (Sixth St. to Seventh St). The final contract amount paid to Onyx Paving Company, Inc. was $1,744,088. The increase in the amount paid was primarily due to additional asphalt, tree removal and water service relocation quantities.
Onyx Paving Company, Inc. has completed all the work required to the satisfaction of the City Engineer and a Notice of Completion has been prepared for recordation.
FISCAL IMPACT:
There is no fiscal impact for this item.
RELATIONSHIP TO STRATEGIC PLAN:
The approval of Notice of Completion is consistent with Strategic Direction #5 – Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Daphne Liu, Finance Director Approved by: Lisette Free, Interim City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
Notice of Completion_Temescal Avenue Street Improvement Project
RECORDING REQUESTED BY: THIS DOCUMENT IS FILED AT THE REQUEST
REQUEST CITY OF NORCO OF THE CITY OF NORCO PURSUANT TO
WHEN RECORDED MAIL TO: SECTION 6103 OF THE GOVERNMENT
2870 CLARK AVENUE CODE. NO FEE IS CHARGED THEREFORE.
NORCO, CA 92860
ATTN: CITY CLERK
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN BY THE CITY OF NORCO, A MUNICIPAL CORPORATION, STATE OF CALIFORNIA THAT THE WORK DESCRIBED AS TEMESCAL AVENUE STREET IMPROVEMENT PROJECT – SIXTH ST. TO SEVENTH ST. (PROJECT NO. 4928.37 ) IN THE CITY OF NORCO IN ACCORDANCE WITH THE TERMS AND WRITTEN CONTRACT DATED BETWEEN THE CITY OF NORCO AND ONYX PAVING COMPANY, INC. WAS COMPLETED AND ACCEPTED BY THE CITY OF NORCO ON THE EIGHTEENTH DAY OF DECEMBER, 2024.
THE WORK DONE: CONSISTED OF NEW CURB AND GUTTER, STORM DRAIN AND WIDENING IMPROVEMENTS ON TEMESCAL AVENUE BETWEEN SIXTH STREET AND SEVENTH STREET. (PROJECT NO. 4928.37) THAT THE CITY OF NORCO, A PUBLIC BODY, CORPORATE AND POLITIC, WHOSE ADDRESS IS 2870 CLARK AVENUE, NORCO, CALIFORNIA, 92860 IS THE OWNER OF SAID IMPROVEMENT WORK; AND THAT SAID WORK WAS PERFORMED BEGINNING JULY 19, 2023, IN THE CITY OF NORCO. THE NATURE OF INTEREST IS VENDEE UNDER CONTRACT.
THAT SAID WORK OF IMPROVEMENT WAS SO PERFORMED BY ONYX PAVING COMPANY, INC. IN ACCORDANCE WITH SAID WRITTEN AGREEMENT DATED JULY 19, 2023, AND THE DRAWINGS AND SPECIFICATIONS WHICH WERE A PART OF SAID CONTRACT.
THIS NOTICE OF COMPLETION IS GIVEN BY THE CITY OF NORCO PURSUANT TO THE APPROPRIATE PROVISIONS OF TITLE XV, PART IV, DIVISION 1 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, AND UPON ORDER OF THE CITY OF NORCO.
DECEMBER 18, 2024
DATED:
CITY OF NORCO
A MUNICIPAL CORPORATION
BY: __________________________
DANA ROA, CMC
CITY CLERK
VERIFICATION FOR NON-INDIVIDUAL OWNER:
I, THE UNDERSIGNED, DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT I AM THE CITY CLERK OF THE CITY OF NORCO; THAT I HAVE SIGNED THE SAID NOTICE, THAT I KNOW AND UNDERSTAND THE CONTENTS THEREOF, AND THAT THE FACTS STATED THEREIN ARE TRUE AND CORRECT.
DECEMBER 18, 2024 ______________________________
DATE DANA ROA, CMC
CITY CLERK
CITY OF NORCO
City Council
STAFF REPORT
Date: December 18, 2024 Agenda Item:
3.M.
To: Honorable Mayor and City Council Members
From: Chad Blais, Public Works Director
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Acceptance of bids and award of Contract for the 2024-25 Trail Fencing Replacement Project (Various Locations).
RECOMMENDATION:
Accept bids and award a contract to Country Estate Fence Co., Inc. for the Fiscal Year 2024-25 Trail Fencing Replacement Project (Various Locations) in the amount of $378,831; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.
SUMMARY:
Bids for the FY 2024-25 Trail Fencing Replacement Project (Various Locations) were opened on December 3, 2024, with Country Estate Fence Co., Inc. of Corona, California being the lowest responsible bidder. Therefore, it is recommended that a contract be awarded to Country Estate Fence Co., Inc. in the amount of $378,831 and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.
BACKGROUND:
Plans and specifications for the FY 2024-25 Trail Fencing Replacement Project (Various Locations) were advertised on November 26, 2024, with a bid opening date of December 3, 2024. A total of nine (9) bids were received with proposals ranging in value from $378,831 to $1,954,340. The bid summary analysis has been attached for Council’s review (Bid Summary Analysis). The FY 2024-25 Trail Fencing Replacement Project entails the removal of approximately 10,610 linear feet of existing wooden trail fence and installation of 18,120 linear feet of new vinyl trail fence at various locations within the City (see attached Proposed Fencing Locations).
Staff has reviewed all the bids submitted and determined that Country Estate Fence Co., Inc. of Corona, California as being the lowest responsible bidder in the amount of
$378,831 (see attached Bid). Staff has reviewed the references of the lowest bidder and bid documents submitted and determined the bid is responsive to all requirements and the contractor has the experience to complete the required construction activities for the FY 2024-25 Trail Fencing Replacement Project (Various Locations).
FISCAL IMPACT:
The 2024-25 Trail Fence Replacement Project is funded by Measure R with a budget in the amount of $600,000 (54600.8; 132.945.43130 and 132.945.43130.30). There is sufficient funds to cover the total project expenditures of $416,714 which includes the total bid amount of $378,831 and contract change orders up to 10 percent of the total bid amount of $37,883.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction #5 – Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Daphne Liu, Finance Director Approved by: Lisette Free, Interim City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
Bid Summary
Country Estate Contract
Trail Fencing Locations
Country Estate Contract
City of Norco
Issued on 11/07/2024
Bid Due on December 04, 2024 12:00 PM (PST)
Line Totals (Unit Price * Quantity)
Item Num Description
Unit of
Measure Quantity
Country Estate
Fence Co., Inc. -
Unit Price
Country Estate
Fence Co., Inc. -
Line Total
EverFence
Corporation - Unit
Price
EverFence
Corporation - Line
Total
Goldenwest Fence
- Unit Price
Goldenwest Fence
- Line Total
1 Install 42” High White PVC (Vinyl)
Equestrian Trail Fencing per City
Standards per the matrix included in
these specifications including
mobilization and traffic control at
_____________ Per Linear Foot L.F. 18120 $18.67 $338,300.40 $19.00 $344,280.00 $19.00 $344,280.00 2 Remove Equestrian Trail Fencing, haul
and disposal per Exhibit A, including
mobilization and traffic control at
_______________ Per Linear Foot L.F. 10610 $3.82 $40,530.20 $4.04 $42,864.40 $4.25 $45,092.50 Subtotal $378,830.60 $387,144.40 $389,372.50
Total $378,830.60 $387,144.40 $389,372.50
Bid Results for Project 2024-25 Equestrian Trail Fencing Project (54600.8)
City of Norco
Issued on 11/07/2024
Bid Due on December 04, 2024 12:00 PM (PST)
Line Totals (Unit Price * Quantity)
Item Num Description
Unit of
Measure Quantity
1 Install 42” High White PVC (Vinyl)
Equestrian Trail Fencing per City
Standards per the matrix included in
these specifications including
mobilization and traffic control at
_____________ Per Linear Foot L.F. 18120
2 Remove Equestrian Trail Fencing, haul
and disposal per Exhibit A, including
mobilization and traffic control at
_______________ Per Linear Foot L.F. 10610
Bid Results for Project 2024-25 Equestrian Trail Fencing Project (54600.8) Valley Cities
Gonzales Fence
Inc. - Unit Price
Valley Cities
Gonzales Fence
Inc. - Line Total
J & A Engineering
Corp. - Unit Price
J & A Engineering
Corp. - Line Total
RED HAWK
SERVICES INC. -
Unit Price
RED HAWK
SERVICES INC. -
Line Total
$18.00 $326,160.00 $21.45 $388,674.00 $21.65 $392,298.00 $8.10 $85,941.00 $8.00 $84,880.00 $8.88 $94,216.80
$412,101.00 $473,554.00 $486,514.80
$412,101.00 $473,554.00 $486,514.80
City of Norco
Issued on 11/07/2024
Bid Due on December 04, 2024 12:00 PM (PST)
Line Totals (Unit Price * Quantity)
Item Num Description
Unit of
Measure Quantity
1 Install 42” High White PVC (Vinyl)
Equestrian Trail Fencing per City
Standards per the matrix included in
these specifications including
mobilization and traffic control at
_____________ Per Linear Foot L.F. 18120
2 Remove Equestrian Trail Fencing, haul
and disposal per Exhibit A, including
mobilization and traffic control at
_______________ Per Linear Foot L.F. 10610
Bid Results for Project 2024-25 Equestrian Trail Fencing Project (54600.8) DASH
Construction
Company, Inc. -
Unit Price
DASH
Construction
Company, Inc. -
Line Total
Ferreira
Construction Co,
Inc DBA Ferreira
Coastal
Ferreira
Construction Co,
Inc DBA Ferreira
Coastal
CSI Services - Unit
Price
CSI Services - Line
Total
$23.50 $425,820.00 $23.30 $422,196.00 $102.00 $1,848,240.00 $6.00 $63,660.00 $10.00 $106,100.00 $10.00 $106,100.00
$489,480.00 $528,296.00 $1,954,340.00
$489,480.00 $528,296.00 $1,954,340.00
CA-1
CITY OF NORCO
2024-25 TRAIL FENCING REPLACEMENT PROJECT
AGREEMENT
1. Parties and Date.
This Agreement is made and entered into this 18th day of December, 2024 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 Country Estate Fence Co., Inc., a corporation with its principal place of business at 535 W Rincon St., Corona, CA 92878 (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 2024-25 Equestrian Trail Fencing Project on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in constructing trail fence 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 2024-25 Trail Fencing Replacement Project (“Project”) as set forth in this Agreement.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. 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 Project.
The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Project shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend 90 working days. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
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.
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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 Carlos E.
Cobian – Owner, or his designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Project, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Project under this Agreement.
3.2.6 Coordination of Project. Contractor agrees to work closely with City staff in the construction of the Project and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall construct the Project under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to construct the Project. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to construct the Project. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to construct the Project, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the
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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 $1000.00 per working day:
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Project. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9 Insurance.
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:
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$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.
(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.
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Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall 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, 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 claims-made coverage form:
(i) The retroactive date must be shown, and must be before the effective date of the Contract or the commencement of work by Contractor.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs. (iii) If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the effective date of the Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to City for review.
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(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, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Contractor shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Contractor or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract.
If Contractor should subcontract all or any portion of the services to be performed under this Contract, Contractor shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors’ certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.
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
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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, 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
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the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
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.
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3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the follow address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
Country Estate Fence Co., Inc
535 W Rincon St
Corona, CA 92878
Attention: Carlos E. Cobian - Owner
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 parties shall each bear their own attorney's fees.
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
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or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.
If Contractor should subcontract all or any portion of the work to be performed under this Agreement, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
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 workdays (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.
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3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
Name of Contractor: Country Estate Fence Co., Inc.
*By:
________________________________________________
Signature
________________________________________________
Carlos E. Cobian - Owner
OWNER: CITY OF NORCO, a municipal corporation
*By:
________________________________________________
, Mayor
ATTEST:
________________________________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
________________________________________________
Harper & Burns, LLP, City Attorney
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EXHIBIT A
Scope of 2024-25 Equestrian Trail Fencing Project
The items of work to be done consist of furnishing all materials, equipment, tools, labor and incidentals required for the 2024-25 Equestrian Trail Fencing Project as set forth in the Plans, Specifications and Contract Documents therefore, and to perform all work in the manner and time prescribed therein to construct and install trail fencing at various locations and all appurtenant related work to the satisfaction and acceptable of the City Engineer or Director of Public Works.
Installation of new fencing may require hand digging as needed if utility conflicts are present.
The general location of the work is as follows:
LOCATION REMOVAL LINEAR
FOOTAGE
NEW FENCING
LINEAR FOOTAGE
Valley View Ave - Sixth St to Detroit Ave 600 980
First St - Valley View Ave to Corona Ave 1,360 1,920
Fifth St - Temescal Ave to California Ave 2,220 2,950
Pikes Peak Road - Sixth St to end of the
park
620 670
Sierra Ave - Third St to Fourth St 1,120 1,240
Third St - Valley View Ave to Hamner Ave 540 1,100
Western Ave - Wayne Makin Park to South
End of Navy Base (both side)
2,340 2,540
Gallop Ln - Valley View Ave to End 170 530
Reservoir Dr – Temescal Ave to Corona Ave 370 780
Temescal Ave – Reservoir Dr to Fourth St 300 330
Del Mar Ave – Corydon Ave to Equestrian
Ln
200 240
Corona Ave - Third St to Second St 260 2,240
Fourth St - Corona Ave to Hillside Ave 480 1,910
Western Ave - Riding Ring to Second St 60 690
TOTAL 10,610 18,120
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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:
2024-25 TRAIL FENCING REPLACEMENT PROJECT
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 necessary and required to construct and install trail fencing at various locations and all appurtenant related work to the satisfaction and acceptance of the City Engineer and Director of Public Works.
(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 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
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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 _________, 2024.
PRINCIPAL/CONTRACTOR:
_________________________________
By: ______________________________
SURETY:
_________________________________
By: ______________________________
Attorney-in-Fact
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).
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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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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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:
2024-25 TRAIL FENCING REPLACEMENT PROJECT
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 necessary and required to construct and install trail fencing at various locations and all appurtenant related work to the satisfaction and acceptance of the City Engineer and Director of Public Works.
(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 thereon, or for amounts due under the Unemployment Insurance Code with
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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_______________, 20__.
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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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On ______________________, before me, __________________________________, personally appeared _________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Signature (SEAL)
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) 270-5678
A. POLICY INFORMATION Endorsement # ________________________
1. Insurance Company ____________________________________________ Policy Number _____________________
2. Policy Term (From) _______________ (To)________________ Endorsement Effective Date ______________________________________
3. Named Insured _______________________________________________
4. Address of Named Insured
_____________________________________________________________ _____________________________________________________________
5. Limit of Liability Any One Occurrence/Aggregate
$______________________________ /_____________________________
6. Deductible or Self-Insured Retention (Nil unless otherwise specified):
______________________________________________
7. Coverage is equivalent to:
Comprehensive General Liability Form GL0002 (Ed. 1/73)
______________________________________________
Commercial General Liability “Occurrence” Form CG0001
______________________________________________
8. Bodily Injury and Property Damage Coverage is:
____________________________________”occurrence”
Note: The City of Norco standard insurance requirements specify “occurrence” coverage. “Claims-made” coverage is not acceptable. If commercial general liability form or equivalent is used, the general aggregate must apply separately to this location/project or the general aggregate must be twice the occurrence limit.
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9. Description of Project:
2024-25 TRAIL FENCING REPLACEMENT PROJECT
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 necessary and required to construct and install trail fencing at various locations and all appurtenant related work to the satisfaction and acceptance of the City Engineer and Director of Public Works.
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
(2) Insurance Services Office Commercial General Liability Coverage, “Occurrence” Form CG 0001; or
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(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) 270-5678
A. POLICY INFORMATION Endorsement #_____________________
1. Insurance Company _____________________________________________ Policy Number _____________________
2. Policy Term (From)________________(To) _______________ Endorsement Effective Date ___________
3. Named Insured________________________________________________
4. Address of Named Insured________________________________________
5. Limit of Liability Any One Occurrence/Aggregate
$______________________ /_____________________________________
6. Deductible or Self-Insured Retention
(Nil unless otherwise specified):
$____________________________________________________________ B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
1. INSURED. The City of Norco, its elected or appointed officers, officials, consulting engineers, employees and volunteers are included as insured with regard to damages and defense of claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers.
2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City of Norco, the insurance afforded by this
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policy shall: (a) be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers; or (b) stand in an unbroken chain of coverage excess of the Named Insured’s primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SCOPE OF COVERAGE. This policy, if primary, affords coverage to the Named Insured at least as broad as:
(1) Insurance Services Office form number CA 00001 (Ed. 1/78), Code 1 (“any auto”) and endorsement CA 0025.
(2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Section (1).
4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage, or against whom a claim is made or a suit is brought, except with respect to the Company’s limit of liability.
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) 270-5678
A. POLICY INFORMATION Endorsement # ________________________
1. Insurance Company ____________________________________________ (“the Company”)
Policy Number _________________________________________________
2. Effective Date of this Endorsement ________________________________
3. Named Insured_________________________________________________
4. Employer’s Liability Limit (Coverage B)______________________________ _____________________________________________________________ B. POLICY AMENDMENTS
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
(1) Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
(2) Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City of Norco, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the City of Norco.
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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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Exhibit A
City of Norco
2024 – 25 Equestrian Trail Fence Project
Various Locations
LOCATION REMOVAL LINEAR
FOOTAGE
NEW FENCING
LINEAR FOOTAGE
Valley View Ave - Sixth St to Detroit Ave 600 980
First St - Valley View Ave to Corona Ave 1,360 1,920
Fifth St - Temescal Ave to California Ave 2,220 2,950
Pikes Peak Road - Sixth St to end of the park 620 670
Sierra Ave - Third St to Fourth St 1,120 1,240
Third St - Valley View Ave to Hamner Ave 540 1,100
Western Ave - Wayne Makin Park to South
End of Navy Base (both side)
2,340 2,540
Gallop Ln - Valley View Ave to End 170 530
Reservoir Dr – Temescal Ave to Corona Ave 370 780
Temescal Ave – Reservoir Dr to Fourth St 300 330
Del Mar Ave – Corydon Ave to Equestrian Ln 200 240
Corona Ave - Third St to Second St 260 2,240
Fourth St - Corona Ave to Hillside Ave 480 1,910
Western Ave - Riding Ring to Second St 60 690
TOTAL 10,610 18,120
2 Valley View Ave - Sixth St to Detroit Ave
3 First St - Valley View Ave to Corona Ave
4 Fifth St - Temescal Ave to California Ave
5 Pikes Peak Road - Sixth St to end of the Park
Existing Parallel Wood fence along PL; and old wood fence on Sixth St between Crestview Dr and Pikes Peak Road
6 Sierra Ave - Third St to Fourth St
7 Third St - Valley View Ave to Hamner Ave
Portion of segment under Caltrans freeway 5, Portion of segment over the county channel.
8 Western Ave - Wayne Makin Park to South End of Navy Base Fences on both side (appox.1270 x 2 = 2540LF)
9 Gallop Ln - Valley View Ave. to End
10 Reservoir Dr – Temescal Ave to Corona Ave
11 Temescal Ave – Reservoir Dr to Fourth St
12 Del Mar Ave – Corydon Ave to Equestrian Ln
13 Corona Ave - Third St to Second St Ave
Between 2291 Corona and 2445 Corona (approx. 775 ft) may not install trail fence due to existing grade and earth work needed
14 Fourth St - Corona Ave to Hillside Ave
15 Western Ave - Riding Ring to Second St
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CITY OF NORCO
2024-25 TRAIL FENCING REPLACEMENT PROJECT
AGREEMENT
1. Parties and Date.
This Agreement is made and entered into this 18th day of December, 2024 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 Country Estate Fence Co., Inc., a corporation with its principal place of business at 535 W Rincon St., Corona, CA 92878 (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 2024-25 Equestrian Trail Fencing Project on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in constructing trail fence 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 2024-25 Trail Fencing Replacement Project (“Project”) as set forth in this Agreement.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. 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 Project.
The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Project shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend 90 working days. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
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.