cc 2023 AR 11/14 park & rec needs assessment - add'l suite-specific plans

ACTION:
____________________________
Clerk/Secretary
Department: Recreation & Community Services Item No: C5 Prepared by: Jessica Boensch, Management Analyst Meeting Date: November 14, 2023 Approved by:

Mike Pacheco, RCS Director
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: PARKS & RECREATION NEEDS ASSESSMENT AND COMPREHENSIVE ACTION PLAN

ADDITIONAL SITE-SPECIFIC PLAN AMENDMENT
RECOMMENDATION:

1. Adopt City Council Resolution No. 2023- , amending the contract with Next Practice Partners, LLC to include two additional site-specific plans.

2.Adopt City Council Resolution No. 2023- , amending the Capital Project Budget for Fiscal Years 2022/23 and 2023/24.

CORRELATION TO CITY COUNCIL GOALS: Parks & Recreation
PRIOR ACTION: On October 10, 2023, adopted City Council Resolution No. 2023-176, amending the contract with Next Practice Partners, LLC to include two site-specific plans (Vote 5-0).

On June 27, 2023, adopted City Council Resolution No. 2023-129, awarding a contract to Next Practice Partners, LLC. for Parks & Recreation Needs Assessment & Comprehensive Action Plan Consulting Services (Vote 5-0).

On May 23, 2023, City Council made a motion to not approve the award of contract (and related budget amendment) as presented and directed staff to bring the item back at a future meeting for further discussion (Vote: 4-1, Contreras opposed).

STATEMENT ON THE SUBJECT: On March 23, 2023, Recreation & Community Services Department staff released a Request for Proposal (RFP) for a consultant to conduct a Parks & Recreation Needs Assessment and Comprehensive Action Plan for the City of Vista. Three proposals were evaluated by a five-member selection committee and the consensus was to recommend the City Council award an agreement to Next Practice Partners. On June 27, 2023, Council awarded a contract to Next Practice Partners, LLC (Next Practice Partners) for Parks & Recreation Needs Assessment & Comprehensive Action Plan consulting services.

An amendment to the existing contract with Next Practice Partners was approved on October 10, 2023, to incorporate site-specific plans for Brengle Terrace Park and a new park located at Matagual Drive, both of which were not originally included in the contract scope.

AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted the following: 1) City Council Resolution No. 2023-188.

Vote 5-0; 2) City Council Resolution No. 2023-189. Vote: 5-0

MEETING DATE: NOVEMBER 14, 2023 PAGE 2

SUBJECT: PARKS & RECREATION NEEDS ASSESSMENT AND COMPREHENSIVE ACTION PLAN

ADDITIONAL SITE-SPECIFIC PLAN AMENDMENT
At the time of amendment approval, the City Council requested that staff bring back two additional site- specific plans for their consideration: Assessor’s Parcel No. 176-300-59 and Assessor’s Parcel No. 166- 150-56. The former is approximately 3.26 acres of land located east of the terminus of Townsite Drive, and the latter is approximately 6.6 acres of land located on the north side of Breeze Hill Road adjacent to the County Courthouse.

Amending the current contract with Next Practice Partners to include site-specific plans for these two parks fulfills the contract’s purpose to perform a comprehensive review and is a more cost-effective solution than engaging a new contractor solely for these plans. Engaging a new contractor would require duplicating the work already completed in the Parks & Recreation Master Plan, resulting in unnecessary duplication of effort and financial resources. By leveraging the Parks & Recreation Master Plan community outreach and planning schedule, Next Practice Partners will achieve substantial cost savings for the City and avoid survey fatigue among residents.

A detailed scope of work for each site-specific plan is available in the consultant’s proposal included as Exhibit A to the contract amendment (Exhibit 3). These additions will be completed alongside the original contract and will not impact the proposed timeline. No contract extension is required.

FISCAL IMPACT: Approval of this item will result in the City amending their current agreement with Next Practice to increase the contract ceiling by $138,000 to a new total contract ceiling of $627,220. A budget adjustment is included with Exhibit 2 to increase the expense budget for this project in CIP account 1026570.578999.8356 with available Park Development Fees.

EXHIBITS:

1. City Council Resolution No. 2023- , amending the contract with Next Practice Partners, LLC to include additional site-specific plans

2. City Council Resolution No. 2023- , amending the Capital Project Budget for Fiscal Years 2022/23 and 2023/24

3. Amendment to contract with Next Practice Partners, LLC

4. Contract with Next Practice Partners, LLC
11/14/2023 C5 2 of 43

00029213 7
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, AMENDING THE CONTRACT WITH NEXT PRACTICE

PARTNERS, LLC TO INCLUDE TWO ADDITIONAL SITE-SPECIFIC PLANS The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. On June 27, 2023, adopted City Council Resolution No. 2023-129, awarding a contract to Next Practice Partners, LLC. for Parks & Recreation Needs Assessment & Comprehensive Action Plan Consulting Services.

B. An amendment to the existing contract with Next Practice Partners is proposed to incorporate site-specific plans for Parcel #176-300-59 and Parcel #166-150-56, both of which were not originally included in the contract scope.

2. Action.

A. An amendment to the contract between the City of Vista and Next Practice Partners, LLC. for site-specific plans for Parcel #176-300-59 and Parcel #166-150-56 with a contract ceiling increase of $138,000 for a new total contract ceiling of $627,220 is approved, and the Mayor is authorized to execute the contract amendment.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on November 14, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20231103162826
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
11/14/2023 C5 3 of 43
EXHIBIT 1

00029213 7
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, AMENDING THE CAPITAL PROJECT BUDGET FOR FISCAL YEARS 2022/23 AND 2023/24
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. On June 28, 2022, the City Council adopted Resolution 2022-108 approving the Six-Year Capital Improvement Program, the Capital Project Budget for Fiscal Years 2022/23 and 2023/24, and authorizing appropriations for Fiscal Years 2022/23 and 2023/34 capital projects.

B. The City Council desires to amend the Capital Project Budget at this time to reflect changed circumstances.

2. Action.

A. The Capital Project Budget for Fiscal Years 2022/23 and 2023/24 is amended as set forth in Exhibit A.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on November 14, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20231103163031
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
11/14/2023 C5 4 of 43
EXHIBIT 2

RESOLUTION NO. 2023-

CITY COUNCIL FOR THE CHARTERED CITY OF VISTA
PAGE 1 EXHIBIT A

1. Account Number Account Description Increase Decrease 1020000.310410 Fund Balance 138,000$
1026570.578999.8356 Source Appropriation 138,000$
Appropriations are hereby made to fund the Parks & Recreation Needs Assessment and Comprehensive Action Plan Project (CIP No. 8356).
11/14/2023 C5 5 of 43

00098064 4

SECOND AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF VISTA AND NEXT PRACTICE PARTNERS, LLC. FOR PARKS AND RECREATION

PLANNING SERVICES
THIS SECOND AMENDMENT (“Second Amendment”) to the Contract between the City of Vista and Next Practice Partners, LLC., dated June 27, 2023 (“Contract”), is made and entered into as of _______________________ (“Second Amendment Date”), by and between the City of Vista, a chartered municipal corporation (“City”), and Next Practice Partners, a single-member LLC (“Contractor”).

Recitals: City and Contractor now desire to enter into a Second Amendment to the Contract by modifying the terms of the Contract.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows:

1. Section 2.1 of the Contract is amended to expand the scope of services by adding the additional services described in Contractor’s proposal dated date (Exhibit A).

2. Section 2.5 is amended increase the contract ceiling by $138,000 to a new total contract ceiling of $627,220, to compensate Contractor for the expanded scope of services.

3. All other conditions of the Contract not specifically amended or superseded by the terms herein shall continue in full force and effect.

IN WITNESS WHEREOF, the parties have executed and entered into this Second Amendment as of the Second Amendment Date.

CITY OF VISTA,a chartered municipal
corporation
By:

JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

RISK MANAGEMENT REVIEW:

DOLORES GASCON, RISK MANAGER
By:

NEXT PRACTICE PARTNERS,a single-
member LLC
By:

NAME/Title
By:

NAME/Title

APPROVED
Walter C. Chung
20231026165255

NEELAY BHATT / FOUNDER & CEO
10/30/2023
11/14/2023 C5 6 of 43
EXHIBIT 3

PARCEL #176-
300-59 MASTER
PLAN

NEXT PRACTICE

PARTNERS, LLC
Oct 2023
11/14/2023 C5 7 of 43

Scope and Fee
Parcel #176-300-59 Master Plan
1 Table of Contents
CHAPTER ONE PROJECT UNDERSTANDING AND APPROACH ....................................... 2 TASK 1 – PROJECT MANAGEMENT, PROGRESS REPORTING & DATA REVIEW .................................................................................................. 3 TASK 2 – COMMUNITY PROFILE ................................................................................................................................................................................. 3 TASK 3 – PUBLIC INPUT PROCESS ............................................................................................................................................................................. 4 TASK 4 – EQUITY MAPPING AND PRIORITY RANKINGS ......................................................................................................................................... 6 TASK 5 - SITE ANALYSIS, DESIGN AND CIP ............................................................................................................................................................. 6 TASK 6 – DRAFT AND FINAL MASTER PLAN ............................................................................................................................................................ 7 CHAPTER TWO PROJECT TIMELINE ......................................................................................... 8 CHAPTER THREE PROPOSED FEE ESTIMATE......................................................................... 8

11/14/2023 C5 8 of 43

2 CHAPTER ONE PROJECT UNDERSTANDING

AND APPROACH
The Consulting Team understands that the City of Vista desires to develop a standalone Master Plan for its Parcel #176-300-59. The parcel details are:
This property consists of approximately 3.26 acres, located east of the terminus of Townsite Drive, east of E. Vista Way (see visual below). The property is included in the Downtown Specific Plan, zoned M-U (40), mixed use with a maximum density of 40 dwelling units per acre.
This site was originally planned for a flood detention basin, but this capital project was abandoned due to the discovery of significant cultural resources during excavation. Following the discovery, the City entered into an agreement with the San Luis Rey Band of Mission Indians to conserve a portion of the site.
A portion of the area under conservation is proposed to be developed as a passive trail with exercise stations, referred to as Wiivay Park (CIP #8338). The remainder of the site (approximately 1.5 acres) is vacant and undeveloped (Exhibit 6A).
The City does not currently have public access rights to this property from the end of Townsite Drive.
The City has discussed the use of this site for a public park in the past; however, no formal direction regarding its future use has been provided. 11/14/2023 C5 9 of 43

Scope and Fee
Parcel #176-300-59 Master Plan
3 The following tasks outline our approach to developing the Master Plan while maximizing efficiencies and combining tasks, where possible, with the city-wide Needs Assessment and Action Plan.

TASK 1 – PROJECT MANAGEMENT, PROGRESS REPORTING & DATA REVIEW A. Kick-off Meeting & Project Management – A kick-off meeting should be attended by the key City staff and Consulting Team members to confirm project goals, objectives, and expectations that will help guide actions and decisions of the Consulting Team. Detailed steps of this task include:
 Confirmation – The project goals, objectives, scope, and schedule will be confirmed.  Outcome Expectations – Discuss expectations of the completed project and how it fits with the rest of the Needs Assessment work conducted.
 Communications – Confirmation on lines of communication, points of contact, level of involvement by the City and local leaders, and other related project management details. Also, protocols and procedures for scheduling meetings should be agreed to.  Prepare database of stakeholders – The Consulting Team will work with the City who will gather contact information from a variety of sources. This information will be used in the key leadership/focus group interview portion of the Needs Assessment.  Site Tour – The Consulting Team will conduct a more detailed site tour of the park in conjunction with the system-wide tour.

B. Data Collection – The Consulting Team will collect, log, and review key data and information to facilitate a thorough understanding of the project background to complement the overall Needs Assessment and Action Plan.

Deliverables: Work schedule with target completion dates, and identification of relevant stakeholders and focus groups. Vista staff will provide input of existing planning documents based on the data collection.

TASK 2 – COMMUNITY PROFILE
A. Community Demographic & Recreation Trends Analysis – The Consulting Team will utilize the City’s projections and supplement with census tract demographic data obtained from Environmental Systems Research Institute, Inc. (ESRI), the largest research and development organization dedicated to Geographical Information Systems (GIS) and specializing in population projections and market trends; for comparison purposes data will also be obtained from the U.S. Census Bureau. This analysis will provide an understanding of the demographic environment for the following reasons:
 To understand the market areas served around the park.  To determine demographic changes occurring in the area and the region, and assist in making proactive decisions to accommodate those shifts.  Provide the basis for Service Area Analysis and gaps in the offerings specifically at the park.
11/14/2023 C5 10 of 43

4 The demographic analysis will be based on US 2020 Census information, 2023 updated projections, and 5 (2028) and 10 (2033) year projections. The following demographic characteristics will be included:
 Population density; Age Distribution ; Households; Gender; Ethnicity; Household Income
From the demographic base data, sports, recreation, and outdoor trends are applied to the local populace to assist in determining the potential participation base within the community.

For the sports and recreation trends, the Consulting Team utilizes the Sports & Fitness Industry Association’s (SFIA) 2022 or 2023, as available, Study of Sports, Fitness and Leisure Participation, ESRI local market potential, as well as participation trends from the Outdoor Foundation on outdoor recreation trends.

B. Benchmark Analysis – A benchmark analysis will be completed to compare the park design, usage and approach to five (5) other relevant parks as identified by city staff.

Deliverables: A Demographic & Recreational Trends Analysis / a Benchmark report.

TASK 3 – PUBLIC INPUT PROCESS
We will utilize a robust public input process to solicit community input about the programs/activities they would like to see/do in parks and park centers and how their needs are currently being met. Our PHILOSOPHY, “We Go Where the People Are” and our engagement PROMISE is:
 Equitable and inclusive  Virtual and traditional approaches  Tailored to the project  Geographically balanced
 Responsive and flexible – adapt based on
what we hear

Our team’s overall engagement APPROACH includes:
 Virtual / in-person stakeholder and staff
meetings
 Crowdsourcing project
website
 Online surveys  Dedicated App to obtain
feedback

A. Public Engagement/Advocacy Strategy – The public engagement process will work hand-in- hand with the development of an outreach strategy for the Needs Assessment and Action Plan in conjunction with the staff.

B. Public Input Meetings – The Consulting team will combine input for this Park Master Plan with the existing public meetings we conduct for the overall Needs Assessment and Action Plan.

C. Stakeholder Interviews / Staff Focus Groups – The Consulting Team will combine most focus groups with stakeholders, community users and partners from the Needs Assessment and Action Plan. We propose to host and facilitate a total of up to 8 additional focus groups meetings with specific neighborhood and user groups for this site. 11/14/2023 C5 11 of 43

Scope and Fee
Parcel #176-300-59 Master Plan
5 In addition, the Consulting team will interview staff focus groups at various levels to understand, from the internal stakeholder perspective, the key priorities, ideas for offerings, needs at the park as well.

D. Multi-lingual Focus Groups - In partnership with local groups, we propose to conduct up to two additional multi-lingual focus groups for non-native English-speaking audiences to identify program needs and potential offerings at the park.

The Consulting Team also recommends exploring any other intentional engagement efforts to ensure broad group of community members participate in this process.

E. Youth Engagement – The Consulting Team will specifically engage youth that may be park users either through the existing youth outreach for the Needs Assessment and Action Plan.

F. ADA Accessible Website - This is an ADA- accessible and multilingual website for ongoing community feedback. We will create a dedicated section on the website developed as a part of the Needs Assessment and Action Plan to gather input specific to this site.

G. HAPPiFEETtm App - This is a real time, GPS location-based customer feedback app for the community to participate in the Master Planning process. We will use the app developed as a part of the Needs Assessment and Action Plan to gather input specific to this site as well.

H. Statistically Valid Survey – The Consulting Team will expand the use of the existing survey instrument developed for the Needs Assessment and Action Plan to identify specific needs and opportunities for the park.

I. Online Survey – The Consulting Team will expand the online survey administered through www.surveymonkey.com . for a deeper dive into specific needs for this site. focused questions, particularly recreation programming.

These surveys will be promoted through the City’s website, project website and promotional mediums to maximize outreach and response rates. These surveys will be created in English and Spanish to increase community outreach and response rates.

J. QR Code based intercept surveys – The Consulting team proposes to create QR code-based intercept surveys administered through staff at chosen special events in the city. These surveys can include specific questions for this site to obtain input from a broad range of community members.

Deliverables:
 The Consulting Team will act as professional facilitators to gather information about services, use, preferences and community needs.
 An overall, summary of public input findings, all survey results  Use existing website and the app for community input.

11/14/2023 C5 12 of 43

6 TASK 4 – EQUITY MAPPING AND PRIORITY

RANKINGS
A. Equity Mapping – The Consulting Team will utilize the equity maps developed during the Needs Assessment and Action Plan to determine gaps and overlaps for specific amenity types in Vista and at the park.

B. Program and Amenity Priority Investment Ratings – The Consulting Team will utilize the statistically valid survey data to create priority investment ratings for programs and amenities specific to this site. This will help staff prioritize resource allocation, and determine future needs specific to the park in addition to overall city-wide needs.

Deliverables:
 Equity Maps
 Program and amenity priority investment ratings

TASK 5 - SITE ANALYSIS, DESIGN AND CIP
A. Site Analysis - The goal of this process is to utilize the existing conditions assessment undertaken during the Needs Assessment and Action Plan process and complement that with site specific gaps.

The analysis will also be based on conversations with staff and data provided by staff pertaining to:
 Amenity Lifecycles
 Other providers
 Unmet community needs
 Staffing levels and needs
 Park and amenity utilization and unused capacity

B. Site Design and CIP Estimates - Based on the equity mapping and site analysis, the Consulting Team will provide high level site designs and capital cost estimates for the proposed improvements / additions at the park. These will be refined based on staff feedback.

C. Design Charettes and Public Input - We also propose to conduct atleast two standalone community input charettes and meetings specific to the park design to get feedback and incorporate that in the design. Additionally, we will also share the designs on the website to provide the most opportunities for community members to provide feedback.

Deliverables:
 Site Analysis
 CIP Estimates and Design Charettes

11/14/2023 C5 13 of 43

Scope and Fee
Parcel #176-300-59 Master Plan
7 TASK 6 – DRAFT AND FINAL MASTER PLAN
A. Draft Master Plan and Briefings– The Consulting Team will prepare a summary of the findings and recommendations from the extensive analysis and community input process. This information will also be shared on the project website and made available for review. Based on discussions with City staff, we will determine the location(s) of briefings to the staff, community and city leadership for the Draft Master Plan. This can be in conjunction with the Needs Assessment meetings or stand alone, as preferred.

B. Final Report Preparation and Presentations – Utilizing feedback from various sources, the final site Master Plan will be provided to City staff. This can be incorporated in the Needs Assessment and Action Plan or can continue to exist as a standalone document. This will also be shared on the project website for the community to access.

Deliverables:
 Digital version of the findings and report
 Charts, graphs, maps and other data as needed to support the plan and its presentation to the appropriate audiences

11/14/2023 C5 14 of 43

8 CHAPTER TWO PROJECT TIMELINE
The project approach and scope of work detailed will be completed collaboratively with staff. Our team can begin the project immediately and we anticipate this process to take 6-8 months from the start date.

Specific dates will be set during the kick-off meeting, and we will consider any special requirements by the City staff to ensure completion by Fall 2024, in advance of the overall Needs Assessment and Action Plan completion.

CHAPTER THREE PROPOSED FEE ESTIMATE
The following fee breakdown is based on the project approach described in the Scope of Work and shows the two options

1. Standalone: If this were done as a standalone process

2. Combined with Needs Assessment and Action Plan: If this were combined with the Needs Assessment and Action Plan.

We aim to provide a not-to-exceed cost and ensure full transparency in fees upfront upon confirmation of the scope tasks.

Scope Standalone
Master Plan
Combined
with Needs
Assessment
and Action
Plan
Task 1: Project
Management,
Progress Reporting &
Data Review

Kick-off Meeting & Project
Management
$7500 $2000
Data Collection $2000 $0
Task 2: Community
Profile

Community Demographic &
Recreation Trends Analysis
$13,100 $3,000
Benchmark Analysis $8200 $5000
Task 3: Public Input
Process

11/14/2023 C5 15 of 43

Scope and Fee
Parcel #176-300-59 Master Plan
9 Public Engagement/Advocacy
Strategy
$2,600 $0
Public Input Meetings $14,000 $3000
Stakeholder Interviews / Staff
Focus Groups
$6,400 $2000
Multi-lingual Focus Groups $8,100 $2000
Youth Engagement $5,100 $2500
ADA Accessible Website $14,100 $4000
HAPPi FEETtm App $16,000 $2000
Statistically Valid Survey $17,700 $2,500
Online Survey $8,000 $2000
QR Code-based intercept surveys $6,000 $3,000
Task 4: Equity
Mapping and Priority
Rankings

Equity Mapping $19,600 $6,000
Program and Amenity Priority
Investment Ratings
$5,000 $4,000
Task 5: Site Analysis,
Design and CIP

Site Analysis $19,730 $6,000
Site Design and CIP Estimates 15,530 $10,000
Design Charettes and Public Input $8000 $4,000
Task 6: Draft and Final
Master Plan

Draft Master Plan and Briefings $11,320 $4,000
Final Report Preparation and
Presentations
$3,590 $2,000
211,570 $69,000

Fees: $211,570 (if done as a standalone plan); $69,000 (if combined with existing Needs Assessment and Action Plan)
Expenses: $0 (Combined with Needs Assessment and Action Plan) 11/14/2023 C5 16 of 43

PARCEL #166-
150-56 MASTER
PLAN

NEXT PRACTICE

PARTNERS, LLC

Oct 2023

11/14/2023 C5 17 of 43

Scope and Fee
Parcel #166-150-56 Master Plan
1 Table of Contents
CHAPTER ONE PROJECT UNDERSTANDING AND APPROACH ....................................... 2 TASK 1 – PROJECT MANAGEMENT, PROGRESS REPORTING & DATA REVIEW .................................................................................................. 3 TASK 2 – COMMUNITY PROFILE ................................................................................................................................................................................. 3 TASK 3 – PUBLIC INPUT PROCESS ............................................................................................................................................................................. 4 TASK 4 – EQUITY MAPPING AND PRIORITY RANKINGS ......................................................................................................................................... 6 TASK 5 - SITE ANALYSIS, DESIGN AND CIP ............................................................................................................................................................. 6 TASK 6 – DRAFT AND FINAL MASTER PLAN ............................................................................................................................................................ 7 CHAPTER TWO PROJECT TIMELINE ......................................................................................... 8 CHAPTER THREE PROPOSED FEE ESTIMATE......................................................................... 8

11/14/2023 C5 18 of 43

2 CHAPTER ONE PROJECT UNDERSTANDING

AND APPROACH
The Consulting Team understands that the City of Vista desires to develop a standalone Master Plan for its Parcel #166-150-56. The parcel details are:
 Approximately 6.60 acres, located on the north side of Breeze Hill Road adjacent to the County Courthouse and the Breeze Hill Apartment development (see image below).  The property is zoned C-A, Civic Activity.
 Approximately 2 acres of this property has been developed for Courthouse parking and is leased to the County.
 The remaining 4+ acres is vacant and undeveloped, consisting of south facing slopes.  The City applied for a park grant in 2022 for this site but was unsuccessful.  The City has not identified an intended use for this property at this time.

11/14/2023 C5 19 of 43

Scope and Fee
Parcel #166-150-56 Master Plan
3 The following tasks outline our approach to developing the Master Plan while maximizing efficiencies and combining tasks, where possible, with the city-wide Needs Assessment and Action Plan.

B. Benchmark Analysis – A benchmark analysis will be completed to compare the park design, usage and approach to five (5) other relevant parks as identified by city staff.

Deliverables: A Demographic & Recreational Trends Analysis / a Benchmark report.

Our team’s overall engagement APPROACH includes:
 Virtual / in-person stakeholder and staff
meetings
 Crowdsourcing project
website
 Online surveys  Dedicated App to obtain
feedback

B. Public Input Meetings – The Consulting team will combine input for this Park Master Plan with the existing public meetings we conduct for the overall Needs Assessment and Action Plan.

Scope and Fee
Parcel #166-150-56 Master Plan
5 In addition, the Consulting team will interview staff focus groups at various levels to understand, from the internal stakeholder perspective, the key priorities, ideas for offerings, needs at the park as well.

The Consulting Team also recommends exploring any other intentional engagement efforts to ensure broad group of community members participate in this process.

E. Youth Engagement – The Consulting Team will specifically engage youth that may be park users either through the existing youth outreach for the Needs Assessment and Action Plan.

11/14/2023 C5 22 of 43

6 TASK 4 – EQUITY MAPPING AND PRIORITY

Deliverables:
 Equity Maps
 Program and amenity priority investment ratings

Deliverables:
 Site Analysis
 CIP Estimates and Design Charettes

11/14/2023 C5 23 of 43

Scope and Fee
Parcel #166-150-56 Master Plan
7 TASK 6 – DRAFT AND FINAL MASTER PLAN
A. Draft Master Plan and Briefings– The Consulting Team will prepare a summary of the findings and recommendations from the extensive analysis and community input process. This information will also be shared on the project website and made available for review. Based on discussions with City staff, we will determine the location(s) of briefings to the staff, community and city leadership for the Draft Master Plan. This can be in conjunction with the Needs Assessment meetings or stand alone, as preferred.

Deliverables:
 Digital version of the findings and report
 Charts, graphs, maps and other data as needed to support the plan and its presentation to the appropriate audiences

11/14/2023 C5 24 of 43

CHAPTER THREE PROPOSED FEE ESTIMATE
The following fee breakdown is based on the project approach described in the Scope of Work and shows the two options

1. Standalone: If this were done as a standalone process

2. Combined with Needs Assessment and Action Plan: If this were combined with the Needs Assessment and Action Plan.

We aim to provide a not-to-exceed cost and ensure full transparency in fees upfront upon confirmation of the scope tasks.

Scope Standalone
Master Plan
Combined
with Needs
Assessment
and Action
Plan
Task 1: Project
Management,
Progress Reporting &
Data Review

Kick-off Meeting & Project
Management
$7500 $2000
Data Collection $2000 $0
Task 2: Community
Profile

Community Demographic &
Recreation Trends Analysis
$13,100 $3,000
Benchmark Analysis $8200 $5000
Task 3: Public Input
Process

11/14/2023 C5 25 of 43

Scope and Fee
Parcel #166-150-56 Master Plan
9 Public Engagement/Advocacy
Strategy
$2,600 $0
Public Input Meetings $14,000 $3000
Stakeholder Interviews / Staff
Focus Groups
$6,400 $2000
Multi-lingual Focus Groups $8,100 $2000
Youth Engagement $5,100 $2500
ADA Accessible Website $14,100 $4000
HAPPi FEETtm App $16,000 $2000
Statistically Valid Survey $17,700 $2,500
Online Survey $8,000 $2000
QR Code-based intercept surveys $6,000 $3,000
Task 4: Equity
Mapping and Priority
Rankings
Equity Mapping $19,600 $6,000
Program and Amenity Priority
Investment Ratings
$5,000 $4,000
Task 5: Site Analysis,
Design and CIP
Site Analysis $19,730 $6,000
Site Design and CIP Estimates 15,530 $10,000
Design Charettes and Public Input $8000 $4,000
Task 6: Draft and Final
Master Plan
Draft Master Plan and Briefings $11,320 $4,000
Final Report Preparation and
Presentations
$3,590 $2,000
211,570 $69,000
Fees: $211,570 (if done as a standalone plan); $69,000 (if combined with existing Needs Assessment and Action Plan)
Expenses: $0 (Combined with Needs Assessment and Action Plan) 11/14/2023 C5 26 of 43

CONTRACT FOR SERVICES
THIS "CONTRACT" is entered into by and between the "Parties" as of s_JU.4p_,-_2JaQ Contract Date").

1.0 THE "PARTIES"
The "City":

CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084
Working Contact: Jessica Boensch
Billing Contact: Jessica Boensch

2.0 BASIC TERMS
The "Contractor"
NEXT PRACTICE PARTNERS, LLC., a
single -member LLC
14426 Camden Lane
Carmel, IN 46074
Contact: Neelay Bhatt

2.1 The "Services" to be performed by Contractor are set forth in City's Request for Proposals ("Exhibit A").

2.2 Contractor desires to enter into this "Contract" with City for the Services.

2.3 The "Project" for which the Services are required is described in Exhibit A.

2.4 Contractor has submitted to City a Proposal to perform the Services dated April 17, 2023 ("Exhibit B").

2.5 The "Contract Ceiling Price" is $354,820.

3.0 CONTRACT TERM

3.1 This Contract shall take effect as of the Contract Date.

3.2 This Contract shall be in effect for 15 calendar months ("Term"). The Term may be extended at the City's option for an additional 12 months, in increments of City's choice, for a maximum Term of 27 from the Contract Date.

3.3 City may terminate this Contract upon 30-days' written notice to Contractor. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.

4.0 SCOPE
Contractor shall perform all Services including, labor, materials, software, supplies, reports, and documents for as may be required from time to time, in accordance with Exhibit A. The Services shall be complete, and all work, material and services not expressly called for in the City Services (Non -Construction) (RFP) 1 of 10 NEXT PRACTICE PARTNERS, LLC. 22422-6] {00111177 1}
11/14/2023 C5 27 of 43
EXHIBIT 4

Proposal which may be necessary to carry out the Contract in good faith, shall be performed by the Contractor at no increase in cost to City. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.

5.0 COMPENSATION

5.1 City shall pay Contractor on a time and material rate as set forth in Exhibit B for the Services to be performed.

5.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.

5.3 Changes in, additions to, or deductions from the Services, including increases or decreases in the quantity of any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:

5.3.1 The changes, additions, and deductions to be made.

5.3.2 The increase or decrease in compensation due the Contractor, if any.

5.3.3 Adjustment in the time of completion, if any.

5.4 Contract Ceiling Price

5.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this Contract.

5.4.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to City will exceed the maximum permitted by this Contract, any such cost overrun will be handled pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.

5.5 Except as provided in Exhibit B, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract.

6.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications and appendices and all addenda setting forth any modifications or interpretations of any of these documents: Documents required under Exhibits A—E.

City Services (Non -Construction) (RFP) 2 of 10 NEXT PRACTICE PARTNERS, LLC. 22422-61 {00111177 1}
11/14/2023 C5 28 of 43

7.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES
All Services under the Contract must be completed in compliance with the schedule in Exhibit B.

8.0 ASSISTANCE BY CITY
All information, data, records, reports, and maps as are in possession of City and necessary for the carrying out of this work shall be available to Contractor without charge. City shall make available to Contractor members of its staff for consultation with Contractor in the performance of this Contract. City does not warrant that the information data, records, reports, and maps heretofore or to be provided to Contractor are complete or accurate and Contractor should satisfy itself as to accuracy and completeness. City and Contractor agree that City shall have no liability should any information, data, records, reports, and maps be inaccurate, incomplete, or misleading. Unless provided in Exhibit A, no other assistance shall be provided by City to Contractor.

9.0 STANDARD OF PERFORMANCE

9.1 Contractor represents and warrants that it has the training, qualifications, experience, and facilities necessary to properly perform the Services required under this Contract in a thorough, competent, and professional manner. At all times Contractor shall faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this Contract, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Contract.

9.2 Contractor shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the Term of this Contract. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Contract, including any business licenses required by City. Neither City, nor any elected or appointed boards, officers, officials, employees, or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this Section.

10.0 CONTRACTOR'S STATUS; CONTRACTOR'S EMPLOYEES

10.1 Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling. Contractor is not to be considered an employee of City, nor shall any employees of Contractor be considered employees of City, for any purpose. Contractor shall be under the direction and control of City staff only as to the results to be accomplished. This Contract is not intended to create the relationship of partnership, joint venture, or association between City and Contractor.

10.2 Contractor represents and warrants that all design professional services, if any, shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Exhibit A.

10.3 Neither Contractor, nor any of Contractor's officers, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City Services (Non -Construction) (RFP) 3 of 10 NEXT PRACTICE PARTNERS, LLC 22422-6] (00111177 1)
11/14/2023 C5 29 of 43

City's employees. Contractor expressly waives any claim Contractor may have to any such rights.

10.4 Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all of Contractor's officers, employees, agents, and subcontractors that are included in this Contract.

10.5 The payment made to Contractor pursuant to this Contract shall be the full and complete compensation to which Contractor and Contractor's officers, employees, agents, and subcontractors are entitled for performance of any work under this Contract. Neither Contractor nor Contractor's officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. City will not make any federal or state tax withholdings on behalf of Contractor. City shall not be required to pay any workers' compensation insurance on behalf of Contractor.

10.6 Contractor agrees to defend and indemnify City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of City, for work done under this Contract. This is a continuing obligation that survives the termination of this Contract.

11.0 CIVIL RIGHTS

11.1 Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.

11.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person's race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.

11.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.

11.4 This section shall be interpreted in a manner that is consistent with the California and United States Constitutions and applicable state and federal statutes governing workplace discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.

11.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.

City Services (Non -Construction) (RFP) 4 of 10 NEXT PRACTICE PARTNERS, LLC. 22422-6] (00111177 11
11/14/2023 C5 30 of 43

11.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.

11.7 To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend and hold harmless City, and its directors, officers, employees and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor's officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.

12.0 CONTROL OF SERVICES
Each Party shall appoint a representative who shall have the authority to represent and act for that Party ("Representative"). Any written or verbal directions or requests of City's Representative delivered to the Contractor's Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.

13.0 ASSIGNMENT AND SUBCONTRACTING

13.1 Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

13.2 Contractor shall be fully responsible to the City for any acts and omissions of Contractor's subcontractor, including persons either directly or indirectly employed by subcontractor, in the event Contractor subcontracts any of the work to be performed under this contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Contract shall create any contractual relationship between City and any subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work, unless such change, omission, or addition is approved in advance in writing by the City Manager or the City Manager's designee. All subcontractors are subject to the prior written review and approval of the City Manager or the City Manager's designee.

City Services (Non -Construction) (RFP) 5 of 10 NEXT PRACTICE PARTNERS, LLC. 22422-61 J00111177 1}
11/14/2023 C5 31 of 43

14.0 LICENSES
If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents, or subcontractors by federal, state, or local law, Contractor warrants that such license has been obtained, is valid and in good standing, and that any required bond has been posted in accordance with all applicable laws and regulations.

15.0 FINANCIAL RECORDS

15.1 Contractor shall maintain any and all documents, ledgers, books of account, invoices, vouchers, canceled checks, or records demonstrating or relating to Contractor's performance of services pursuant to this Contract or evidencing or relating to expenditures and disbursements charged to City pursuant to this Contract. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Contract. Any and all such documents or records shall be maintained for three years from the date of execution of this Contract and to the extent required by laws relating to audits of public agencies and their expenditures. It is expressly understood and agreed that the provisions of this Section will survive termination of this Contract.

15.2 Any and all records or documents required to be maintained pursuant to this Section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its Representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Contract or the primary location from which services are rendered, whichever is closer.

16.0 OWNERSHIP OF DOCUMENTS

16.1 Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, computer code, and detailed calculations developed under this contract, are the property of City. Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby assigns, waives, and relinquishes all claims to copyright or other intellectual property rights in favor of City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of Services and that Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of Services. If Contractor is providing copyrighted, proprietary materials in the performance of the Services, then the intellectual property provisions of Exhibit B shall prevail over the provisions of this section.

16.2 Contractor represents that it has secured all necessary licenses, consents, or approvals to use the components of any intellectual property, including computer software, used in the rendering of services and the production of the work product produced under this Contract, and that City has full legal title to and the right to reproduce such materials. The Contractor covenants to defend, indemnify and hold City harmless of any loss, claim or liability in any way related to a claim that they are violating or have violated any federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or City Services (Non -Construction) (RFP) 6 of 10 NEXT PRACTICE PARTNERS, LLC. 22422-61{00111177 11
11/14/2023 C5 32 of 43

other means of protecting interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked materials, equipment, devices, or processes used on or incorporated in the services and materials produced under this Contract. In case such materials, equipment, devices, or processes are held to constitute an infringement and their use is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the materials by suspension of any injunction or by procuring a license or licenses for the City; or (b) modify the materials so that they become non -infringing.

17.0 CONFIDENTIALITY

17.1 Contractor shall treat all information obtained from City in the performance of this Contract as confidential and proprietary to City. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Contract as confidential.

17.2 Contractor agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Contractor's scope of Services. Contractor will not disclose any information prepared for City or obtained from City or obtained as a consequence of the performance of work to any person other than City, or its own employees, agents or subcontractors who have a need for the information for the performance of Services under this Contract unless such disclosure is specifically authorized in writing by City.

18.0 CONFLICT OF INTEREST REQUIREMENT
Contractor agrees that, to the extent applicable, it shall comply with and be bound by all laws and regulations deriving from the relationship of the Contractor to the City, including the Political Reform Act (Government Codes Section 87100 et seq.) Chapters 2.32 or 2.33 of the Vista Municipal Code, the Community Redevelopment Act (Health & Safety Code 33000 et seq.) and all regulations promulgated thereunder (collectively "Conflict Laws"). As a condition precedent to the formation of this Contract, Contractor warrants and covenants that it is adequately informed regarding the obligations and duties imposed by the Conflict Laws and that to the best of Contractor's knowledge and belief, there exists no conflict of interest (under the laws) that would disqualify the Contractor from participation in any decisions arising out of the performance of this Contract. Prior to commencement of any work in the performance of this Contract, Contractor shall comply with any applicable requirements of Chapter 2.32 of the Vista Municipal Code, including any requirement to file a financial disclosure statement with the City Clerk.

Contractor further agrees that no employee, agent or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.

19.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term "City Official" shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract.

City Services (Non -Construction) (RFP) 7 of 10 NEXT PRACTICE PARTNERS, LLC. 22422-6] (00111177 1)
11/14/2023 C5 33 of 43

20.0 INDEMNIFICATION

20.1 Contractor shall defend, indemnify and hold City and its officers, officials, employees, and volunteers (collectively, "Indemnitees") harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, "Liability") arising out of or in connection with this Contract or its performance, including defects in design, except: (1) Liability caused by Indemnitees' sole negligence or willful misconduct; or (2) for Liability caused by Indemnitees' active negligence, in which case the indemnity received by Indemnitees shall be reduced by the amount: (i) that Indemnitees' active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law ("Duty of Indemnification").

20.2 Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Contractor, then all obligations, liabilities, covenants, and conditions under this instrument shall be joint and several.

21. 0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C.

22.0 SERVICE OF NOTICE

22.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party's Representative or by overnight courier service to the Party's address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.

22.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.

23.0 LABOR LAW COMPLIANCE
California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."

24.0 SURVIVAL OF COVENANTS
Contractor's obligations under Sections 16, 17 and 20 shall survive the termination of this Contract.

City Services (Non -Construction) (RFP) 8 of 10 NEXT PRACTICE PARTNERS, LLC. 22422-61 {00111177 1}
11/14/2023 C5 34 of 43

25.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.

26.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.

27.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Contract, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.

28.0 COUNTERPARTS; ELECTRONIC SIGNATURES; ELECTRONIC DELIVERY This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven.

Further, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).

29.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations, and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding between the Parties. No modification, amendment, or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.

Continued on page 10.]
City Services (Non -Construction) (RFP) 9 of 10 NEXT PRACTICE PARTNERS, LLC. 22422-6] (00111177 11
11/14/2023 C5 35 of 43

30.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.

City"
CITY OF VISTA, chartered municipal
corporation t
7['1I1L•P MIN=
ATTEST:

KATHY VALDEZ, CITY CLERK
By:

APPROVED AS TO FORM:

WALTER CHUNG, 1 TTORNEY
By
RISK MANAGEMENT REVIEW:

DOLORES GASWN RISK MANAGER
By.

APPROVED
Walter C. Chung
20230420161743
Contractor"
NEXT PRACTICE PARTNERS, LLC., a
single -member LLC
Bv: qRt—_

NEELAY BHATT / FOUNDER & CEO
Name/Title
In
Name/Title
City Services (Non -Construction) (RFP) 10 of 10 NEXT PRACTICE PARTNERS, LLC. 22422-61 {00111177 1 }
11/14/2023 C5 36 of 43

EXHIBIT A

REQUEST FOR PROPOSALS
00111177 1} Exhibit A
11/14/2023 C5 37 of 43

EXHIBIT B

CONTRACTOR'S PROPOSAL
001111771) Exhibit B
11/14/2023 C5 38 of 43

EXHIBIT C

INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor's Duty of Indemnification.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

Commercial General Liability ("CGL"): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than 2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

Contractor shall also provide the additional coverages checked below and at least as broad as:

4. Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

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

Deductibles and Self -Insured Retentions
Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer to reduce or eliminate such deductibles or self -insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

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

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect 001111771) Exhibit C, Page 1 of 3
11/14/2023 C5 39 of 43

to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.

2. For any claims related to this Project, the Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.

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

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

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

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. City reserves the right to require 001111771) Exhibit C, Page 2 of 3
11/14/2023 C5 40 of 43

complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 0011117711 Exhibit C, Page 3 of 3
11/14/2023 C5 41 of 43

AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS Labor Code §§ 1720, 1771.1, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700

NOT APPLICABLE TO THIS CONTRACT
0011117711 Exhibit D
11/14/2023 C5 42 of 43

EXHIBIT E

SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked.

1. State of California grant conditions, as attached.

2. Federal grant conditions, as attached.

3. Other conditions, as attached.
0011117711 Exhibit E
11/14/2023 C5 43 of 43

Vista City CouncilNovember 14, 2023

Vista City Council
November 14, 2023