AGENDA ORANGE COVE CITY COUNCIL REGULAR COUNCIL MEETING Wednesday, April 23, 2025 6:30 PM City of Orange Cove Council Chambers 633 6th St. Orange Cove, CA 93646 ZOOM Information itps/usO6web.zom.us/y8501138713871567Pwd-Z4owhv2b8Lshincr0a21M1AFCAldHL1 Meeting ID: 850 1138 7156 Passcode: 273771 1. CALL TO ORDER/WELCOME Roll Call Invocation Pledge of Allegiance 2. CONFIRMATION OF AGENDA 3. PUBLIC COMMENT Notice(s) to the Public: This is the opportunity for any member of the public to address the City Council on any item over which the Council has jurisdiction. No action or discussion will be taken on any item not on the agenda. Issues raised will be referred to the City Manager for review. Public members shall limit their remarks to three (3) minutes and no more than 15 minutes per topic. 4. CONSENT CALENDAR (All items listed under the consent calendar category are considered routine. The complete consent calendar will be enacted by one motion by ROLL CALL VOTE. For purposes of discussion, any council member may have an item removed from the consent calendar and made part of the regular agenda. The Council can then approve the remainder of the consent calendar. 4.a. Minutes of the April 09, 2025, Regular Meeting Cisneros of the Orange Cove City Council. 4.b. Recommendation of Rejection of Claim- Dominguez Alejandra Hernandez Recommendation: Approve Claim Rejection 4.c. Approve donation from the Orange Cove Lions Club in the Dominguez amount of $250 to contribute to the City's Annual Easter Egg Hunt. 4.d. Approve donation from Nisei Farmers League in the Dominguez amount of $500 to assist in the City's Annual Easter Egg Hunt. 4.e. Adopt Resolution 2025-11 Granting Signatory Authority to the Dominguez City Manager, Asst. City Manager or Public Works Director to Execute Federal and/or State Funded Transportation Project Agreements. 4.f. Approve Agreement with Pyro Spectaculars for Production Dominguez of the 2025 Independence Day Celebration Fireworks Show. Public comments during regular business items are limited to three minutes per person and fifteen minutes per item. 5. STAFF COMMUNICATIONS Dominguez 6. REGULAR BUSINESS Dominguez 6.a. SUBJECT: The Orange Cove Lions are requesting use of a city facility as a regular meeting location. RECOMMENDATION: Consideration of the request from the Orange Cove Lions to use a city facility as a regular meeting location. 7. CITY MANAGER'S REPORT 8. CITY ATTORNEY'S REPORT 9. CITY COUNCIL COMMUNICATIONS 10. CLOSED SESSION A closed session is needed to discuss the following matter: 10.a. Public Employment (S 54957) Title: City Manager/nterim City Manager 11. ADJOURNMENT I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing notice was posted in accordance with the applicable legal requirements. Dated this 17th day of April 2025. GHliniso Cynthia Cisneros, City Clerk ADA Notice: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (559) 626-4488 ext. 213. Notification 48 hours prior to the meeting will enable the city to make arrangements to ensure accessibility to this meeting. Documents: Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the front counter at City Hall, Orange Cove, CA during normal business hours. In addition, most documents are posted on City's website at lyoforangecove.com, STATEMENT ON RULES OF DECORUM AND ENFORCEMENT The Brown Act provides that members of the public have a right to attend public meetings, to provide public comment on action items and under the public forum section of the agenda, and to criticize the policies, procedures, or services of the city or of the acts or omissions of the city council. The Brown Act also provides that the City Council has the right to exclude all persons who willfully cause a disruption of a meeting SO that it cannot be conducted in an orderly fashion. During a meeting of the Orange Cove City Council, there is a need for civility and expedition in the conducting of public business in order to ensure that the public has a full opportunity to be heard and that the Council has an opportunity to conduct business in an orderly manner. The following is provided to place everyone on notice of the rules of decorum and enforcement. GENERAL RULES OF DECORUM While any meeting of the City Council is in session, the following rules of decorum shall be observed: 1. All remarks shall be addressed to the City Council as a whole and not to any single member, unless in response to a question from a member of the City Council. 2. A person who addresses the City Council under public comment for a specific agenda item or under the Public Forum section of the agenda may not engage in speech or conduct (i) which is likely to provoke others to violent or riotous behavior, (i) which disturbs the peace of the meeting by loud and unreasonable noise, (ii) which is rrelevant or repetitive, or (iv) which disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council meeting. 3. A person, other than members of the Council and the person, who has the floor, shall not be permitted to enter into the discussion unless requested by the mayor to speak. 4. Members of the City Council may not interrupt a person who has the floor and is making public comments. Members of the City Council shall wait until a person completes his or her public comments before asking questions or commenting. The mayor shall then ask Councilmembers if they have comments or questions. 5. No person in the audience at a Council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening, or abusive language, whistling, stamping of feet or other acts which disturb, disrupt, or otherwise impede the orderly conduct of any Council meeting. ENFORCEMENT OF DECORUM RULES (Resolution No. 2012-16) While the City Council is in session, all persons must preserve order and decorum. A person who addresses the city council under public comment for a specific agenda item or under the Public Forum section of the agenda may not engage in speech or conduct which is likely to provoke others to violent or riotous behavior, which disturbs the peace of the meeting by loud and unreasonable noise, which is irrelevant or repetitive, or which disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council meeting. The mayor or other presiding officer shall request that a person who is breaching the rules of decorum cease such conduct. If after receiving such a warning, the person persists in breaching the rules of decorum, the mayor or other presiding officer may order the person to leave the City Council meeting. If such person does not leave, the mayor or presiding officer may request any law enforcement officer who is on duty at the meeting as sergeant-at-arms to remove the person from the Council Chambers. In the event there is no one from law enforcement present, the mayor or presiding officer may direct the City Manager to contact law enforcement. In accordance with the Point of Order Rule 4.6, the majority of the Council may overrule the mayor if the majority of the Council believes the mayor or other presiding officer is not applying the rules of decorum appropriately. 40. ORANGE COVE CITY COUNCIL REGULAR MEETING MINUTES April 09, 2025 The Regular Meeting of the Orange Cove City Council was called to order by Mayor Guerra- Silva at 6:30 PM on Wednesday, April 09, 2025, in the City of Orange Cove Council Chambers at 633 6th Street, Orange Cove, California. 1. ROLL CALL COUNCIL MEMBERS PRESENT Rodriguez, Del Bosque, Ortiz, Garcia and Guerra-Silva ABSENT None. INVOCATION Council Member Garcia. PLEDGE OF ALLEGIANCE Council Member Rodriguez. 2. CONFIRMATION OF AGENDA No changes to the agenda. 3. PRESENTATION None. 4. CONSENT CALENDAR Council Member Ortiz motioned, and Mayor Pro Tem Garcia seconded to accept, approve, and adopt all items listed under the Consent Calendar. The motion was unanimously carried. 4.a. Minutes of the March 26th, 2025, Regular Meeting of the Orange Cove City Council- Approved 4.b. Warrant Register March 2025- Approved 4.c. Approve a Professional Agreement with 4-Creeks (formerly Collins & Schoettler) and authorizing the Interim City Manager to sign the Service Agreement- Approved 5. REGULAR BUSINESS 5.a. Discussion on Community Facilities District and Rate Analysis Interim City Manager Dominguez addressed the council with two separate items. The city needs to conduct a water and wastewater rate study and the formation of a community facilities district. The city has faced unexpected events in both plants in the past years. He provided detailed events and how they affected the general fund, and there are not enough revenues to offset the expenses. The SCADA system needs an upgrade. The five-year Capital Improvement Plan needs to be implemented. The last Water Rate Study was in 2018, over five years ago. Interim City Manager Dominguez requested and received consensus to receive proposals. At a later time, a firm will be selected. 6. STAFF COMMUNICATIONS Planning and Building Director Patlan He provided brief updates on the current projects: Starbucks, Monson Tract-Yanez Construction, Universal Properties, DH Machine Shop, and the newly purchased Hills Valley property (including a well). The first sidewalk vendor application was received today, and all the requirements were met. Lastly, an interested individual from out of town is looking into the vacant property across from the Amaya properties. Chief of Police Pena He provided the part 1 crime stats for March Staffing levels are at 10. One officer is out due to an injury. For March, the police department ended up with 810 calls. Updated the council on the graffiti in the city. Update on the parking lot vendors. The owner of the Jiu-jitsu facility in Orange Cove took care of the graffiti on his building. He will have a designated office for the police officers in the facility. Police Dept. and Public Works have worked together on the truck routes. City Engineer Chris Howard He provided brief updates on the current projects: Addressed the council on the ten top projects, i.e., Small Community Drought Relief-OC Water System Improvements, Sheridan Park Renovation Project, Park Boulevard Infrastructure Improvements, Amaya Vilage-Transporation Amenities Improvements, Sequoia View Community Park, SB1 6th Street Resurfacing (between Adams Ave. and C Street), CMAQ Alley Paving, ATP-SB1 Bike Lane, Sidewalk & Crossing Improvements, Seven Intersections Improvement Project and Park Boulevard Chip Seal. Public Comment: A member of the public spoke about the alley paving and concerns. 7. ORANGE COVE FIRE PROTECTION DISTRICT Chief Hernandez Stats for March: 8 fire calls, 66 medical assist calls, 6 traffic accidents, and 6 public assists Attended three school programs One CPR Class Installed two car seats The Weed Abatement Program will start soon. Public education has begun. New hire academy for reserves. 8. PUBLIC COMMENT One member of the public spoke regarding graffiti in the city. He is helping the community remove graffiti and does not charge for his services. He asked if the council provided certificates for those doing well in the community and shared the idea of citizens of the month. A second public member spoke about the road conditions in Orange Cove. 9. INTERIM CITY MANAGER'S REPORT Thanked the mayor for signing the support letters to the senators There will be a groundbreaking ceremony next week on Wednesday at 3:00 PM at Sheridan Park. The Easter Event will be on Saturday, April 12th, from 10:00 AM to 1:00 PM. Thanked the Lions Club and Nisei Farmers League for their donations to the Easter Event. 10. CITY ATTORNEYS REPORT Nothing to report. 11. CITY COUNCIL COMMUNICATIONS Council Member Ortiz Provided more detailed information regarding the Easter Event on Saturday, April 12th, from 10 AM = 1:00 PM, ages 0-18 ylo Thanked A.C. Market, the local churches for their donations, and volunteers for their presence at the upcoming Saturday event. Mayor Pro Tem Garcia He talked about the support letters he and the mayor are signing, which will be mailed to Congressman Jim Costa to support Parlier Avenue east of the high school road reconstruction and shoulder widening. Council Member Del Bosque He thanked the fire and police departments, the city, and the council for working together. Also talked about keeping the youth busy with youth programs. He provided motivational words to the youth in attendance. A big thank you to the city engineer. Mayor Guerra-Silva Thanked the youth that were present at the meeting. Discussed city projects. Invited everyone to the community event on Saturday. April 12th, 2025. And thanked Council Member Ortiz. 12. CLOSED SESSION A closed session is needed to discuss the following matters: 12.a. Conference with Legal Counsel Existing Litigation (S 54956.9) Name of Case: AM Consulting V. City of Orange Cove, 23CECG04390 12.b. Public Employee Performance Evaluation (S 54957) Title: City Manager No members of the public spoke. The meeting went into closed session at 7:37 PM. The meeting reconvened into open session at 8:23 PM. One reportable action. The council approved a settlement with AM Consulting Engineers for $312, 214.11. No further action was taken in closed session. 13. ADJOURNMENT There being no further business, the meeting was adjourned at 8:24 PM. Respectfully submitted, Cynthia Cisneros Diana Guerra-Silva City Clerk Mayor 4.b. For the Meeting of April 23, 2025 CITY OF ORANGE COVE REPORT TO CITY COUNCIL To: Orange Cove City Council From: Dario Dominguez, Interim City Manager / Public Works Director Subject: Recommendation of Rejection of Claim Attachments: Claim Form RECOMMENDATION: That the City Council reject the claim received from Alejandra Hernandez on February 11, 2025. The claim was referred to Acclamation Insurance Management Services (AIMS) for investigation and recommendation to the City. BACKGROUND: According to the Claim Form filed by Alejandra Hernandez, hereinafter referred to as "Claimant" was driving on Anchor Avenue, passing the school right before approaching the stop sign on Manning Avenue, when she hit a pothole in the roadway, causing damage to her vehicle. The claimant alleges that the incident caused two tire blowouts and damaged rims. She is seeking $300 in monetary damages. AIMS communicated with the City Public Works Department for investigation. Staff reported that the City had no prior notice of a pothole. They received a complaint on February 11, 2025, for this incident. It has also been confirmed that the subject pothole has been filled/repaired since receiving notice of the issue. Based on their investigation, the City did not have sufficient notice to repair the subject pothole before this incident occurred. Therefore, they found no evidence of negligence and/or liability on the part of the City of Orange Cove for the damages suffered by the Claimant in relation to this incident. AIMS has therefore recommended that the claim be rejected. Under Government Code as it pertains to the City of Orange Cove's responsibility regarding the creation andlor remediation of dangerous conditions" of public property, and found that Sections 835 and 835.2 are relevant and apply. 835. Except as provided by statute, a public entity is liable for injury or damage caused by a dangerous condition of its property if the plaintiff establishes that the property was in a dangerous condition at the time of the injury, that the dangerous condition created a foreseeable risk of the kind of the injury which has occurred, and that either: Recommendation of Rejection of Claim Page 2 a) A negligent or wrongful act of or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or, b) The public entity has actual or constructive notice of the dangerous condition under Section 835.2 and sufficient time prior to the injury to have taken measures to protect against the dangerous condition. ENVIRONMENTAL REVIEW: Not Applicable. CONFLICTS OF INTEREST: None. FISCAL IMPACT: None. APPROVED: City Manager: Dario Dominguez Finance: City Attorney: TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION X Consent Public Hearing Info Item Matter Initiated by a Council Member Action Item Other Department Report Continued to: Redevelopment Agency RECEIVED 0 1 RECD FEB Cove CITY OF ORANGE COVE of Orange Clerk City FORM Acouning CLAIM Claim. Against City ofOrange Cove Claimant'sl Name Aleiandr Hexnandez Claimant's DOB Claimant's SS# Claimant's s. Address: Address where Notices related to this Claim shall be sent, if different from above: Date ofincident/accident, 1/25/202S Date injury/ damage/ loss discovered: 8:30am Location ofincident'accident: Anchor R+ posing school righthfr Vonning What did entity or employee do to çause this loss, damage, or injury? PA stholo popped hyPs ana domaged hozh Yimi. 870p. (Use the back ofthisform or separate sheet ifnecessary to answer this question in detail.) Names of the Entity's employees who caused this injury, damage, or loss (ifknown): What are Claimant's: specific injuries, damages, orlosses? 2 Hires andl 2hent dms What amount of money is claimant seeking, ori if the amount is in excess of$10,000, which is the appropriate court ofjurisdiction?. Note: If Superior and Municipal Courts are consolidated, you must represent whether it is a "limited civil case" [see Government Code 910()] 300 How was this amount calculated (please! itemize)? L hve recpipt fTOD te shop. Date Signed: 2//2025 Signature: gond REÇEIVED Ifsigned by a representative: FEB 11 2025 Representative's' Name Phone #. City Clerk Address Cityof Orange Cove Relationship to Claimant ORANGE COVE TIRE SERVICE New & Used Tires, Accessories & Feed 540 11th St. Orange Cove, CA 93646 ORANGE COVE TIRE SERVICE RLBic-Loob (559). 626-7566 Jose L. Lizaola, Owner 62549188 540 11TH ST ORANGE COVE, CA. 93646 SOLDI BY DATE 559-626-7566 - 2 2x NAME Avrcndra VENTA DEBITO ADDRESS PHONE CITY #REF: 00000048 # De Lote: 169 RNR: 126025509 01/25/25 18:55:09 CASH I CHARGE MERCHANDISE RETURNED C.O.D. J PAID OUT PAID ON ACCOUNT CODIGO APROB: 579232 Rastreo: 48 QTY. DESCRIPTION: PRICE AMOUNT DEBIT Sin Contacto 2 1 02K,5 - 1 7395 ur ML **** *** **5500 2 I CANTIDAD $299.20 3 . 4' APROBADO 5 44, (7. 7 6 7 US DEBIT AID: A0000000980840 8 TVR: 00 00 00 00 00 9 THANK YOU 10 11 COPIA CLIENT 12 < 13 14 15 16 RECEIVED BY TOTAL NO WARRANTY ON USED TIRES PLEASE PAY! INVOICE BY P70 - 31504 All exchanges and returns must be 10th OF THE MONTH. accompanied by invoice. THANK YOU 4c. For the Meeting of April 23, 2025 CITY OF ORANGE COVE REPORT TO CITY COUNCIL To: Orange Cove City Council From: Dario Dominguez, Interim City Manager / Public Works Director Subject: Approve donation from the Orange Cove Lions Club in the amount of $250 to contribute to the City's annual Easter Egg Hunt ceremony. Attachment: None RECOMMENDATION Staff recommends that City Council approves a donation from the Orange Cove Lions Club in the amount of $250 to assist the City with it's annual Easter Egg Hunt Ceremony. BACKGROUND The Orange Cove Lions Club have kindly volunteered to donate towards the City's annual Easter Egg Hunt Ceremony. This year the Egg Hunt took place on Saturday, April 12, 2025 and was a huge success. Several hundred children and parents attended the event. Thousands of eggs and hundreds of hot dogs and chips were distributed to the children and parents. ENVIRONMENTAL REVIEW This action does not constitute a project" pursuant to the California Environmental Quality Act. CONFLICT OF INTEREST Staff is not aware of any conflicts of interest. FISCAL IMPACT No fiscal impact. Approve Donation from Lions Club for Easter Egg Hunt Ceremony 2025 Page 2 APPROVE: Interim City Manager: Dario Dominguez Finance: City Attorney: TYPE OF TEM: Consent Public Hearing Info Item Matter Initiated by a Council Member Action tem Other Department Report Continued to: Redevelopment Agency 4d, For the Meeting of April 23, 2025 CITY OF ORANGE COVE REPORT TO CITY COUNCIL To: Orange Cove City Council From: Dario Dominguez, Interim City Manager / Public Works Director Subject: Approve donation from Nisei Farmers League in the amount of $500 to assist in the City's annual Easter Egg Hunt Ceremony Attachment: None RECOMMENDATION Staff recommends that City Council approves a donation from Nisei Farmer's League in the amount of $500 to assist the City with it's annual Easter Egg Hunt Ceremony. BACKGROUND Nisei Farmers League have kindly volunteered to donate towards the City's annual Easter Egg Hunt Ceremony. This year the Egg Hunt took place on Saturday, April 12, 2025 and was a huge success. Several hundred children and parents attended the event. Thousands of eggs and hundreds of hot dogs and chips were distributed to the children and parents. ENVIRONMENTAL REVIEW This action does not constitute a project" pursuant to the California Environmental Quality Act. CONFLICT OF INTEREST Staff is not aware of any conflicts of interest. FISCAL IMPACT No fiscal impact. Approve Donation from Nisei Farmers League for Easter Egg Hunt Ceremony 2025 Page 2 APPROVE: Interim City Manager: Dario Dominguez Finance: City Attorney: TYPE OF ITEM: Consent Public Hearing Info tem Matter Initiated by a Council Member Action Item Other Department Report Continued to: Redevelopment Agency 4e. For the Meeting of April 23, 2025 CITY OF ORANGE COVE REPORT TO CITY COUNCIL To: Orange Cove City Council From: Dario Dominguez, Interim City Manager / Public Works Director Subject: Adopt Resolution 2025-11 Granting Signatory Authority to the City Manager, Assistant. City Manager or Public Works Director to Execute Federal and/or State Funded Transportation Project Agreements Attachments: Resolution 2025-11 RECOMMENDATION: City staff recommendations the Council adopt Resolution 2025-11 authorizing the City Manager, Assistant City Manger or Public Works Director to execute Federal and / or State Funded Transportation Project Agreements. A majority of the transportation related improvement projects constructed in Orange Cove utilize grant funding from Federal and / or State funding sources. Before these funds can be utilized, agreements must be executed in behalf of the City. Resolution 2025-11 authorizes and provides signatory authority to the City Manager, Assistant City Manager or Public Works Director to sign these agreements in behalf of the City BACKGROUND: During the process of executing a program Supplemental Agreement required to move an active Highway Safety Improvement Project (HISP) from the Engineering Phase to the Construction Phase, the City was advised by Caltrans that a Resolution approved by Council would be required, documenting authorization / signatory authority to a City Representative to sign such agreements in behalf of the City. Approval and adoption of Resolution 2025-11 will provide blanket authorization authority to the City Manager, Assistant City Manager or Public Works Director to sign such agreements throughout FY25/26 and beyond. The resolution will allow the above-named City officials to sign and execute Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and any associated grant amendments administered by the California Department of Transportation (Caltrans). ENVIRONMENTAL REVIEW: Not Applicable CONFLICTS OF INTEREST: None Adopt Resolution = Granting Signatory Authority to City Ex. Mgmt. to Sign Grant Funded Transportation Agreements Page 2 FISCAL IMPACT: If the Agreement is not executed, the City can not claim Transportation related State or Federal grant funding. APPROVED: City Manager: Dario Dominguez Finance: City Attorney: TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION X Consent Public Hearing Info Item Matter Initiated by a Council Member Action Item Other Department Report Continued to: Redevelopment Agency RESOLUTION NO. 2025-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE COVE SIGNATORY AUTHORITY TO EXECUTE FEDERAL and / or STATE FUNDED TRANSPORTATION PROJECT AGREEMENTS WHEREAS, the City of Orange Cove is eligible to receive Federal and/or funding for certain Transportation Projects, through the California Department ofTransportation; and WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and / or Fund Transfer Agreements need to be executed with the California Department ofTransportation before such funds could be claimed; and BE IT FURTHER RESOLVED, the City Council of the City of Orange Cove wishes to delegate authorization to execute these agreements and any amendments thereto to the City Manager, Assistant City Manager or Public Works Director to sign Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and any amendments thereto with the California Department ofTransportation. PASSED, APPROVED AND ADOPTED this 23rd day of April 2025, at a regular meeting ofthe Orange Cove City Council by the following vote: AYES: NOES: ABSTAIN: ABSENT: APPROVED: Diana Guerra Silva, Mayor ATTEST: Cynthia Cisneros, City Clerk - + For the Meeting of April 23, 2025 CITY OF ORANGE COVE REPORT TO CITY COUNCIL To: Orange Cove City Council From: Dario Dominguez, Interim City Manager / Public Works Director Subject: Approve Agreement with Pyro Spectaculars for Production of 2025 Independence Day Celebration Fireworks Show Attachment: Pyro Spectaculars Pyrotechnic Production Agreement 2025 RECOMMENDATION Staff recommends that City Council authorize the City Manager to execute the agreement with Pyro Spectaculars in the amount of $16,250 to produce the fireworks display at the City's Independence Day Celebration on July 5, 2025. BACKGROUND For several years 1 the City of Orange Cove has offered the 4th of July Independence Day Celebration and Fireworks Show. The free Citywide event has traditionally consisted of live musical entertainment, food trucks, games, vendor booths, and culminated with an approximately twenty- minute fireworks display. The twenty-minute fireworks display would start at 9 pm and launched from the Orange Cove High School. Event attendees will get a chance to see the firework show from the Community Center. The agreement includes a full-service program for our Independence Day Celebration; including a licensed oyrotechnic operator and specialized crew, suitable insurance coverage, and related fireworks permits. ENVIRONMENTAL REVIEW This action does not constitute a "project" pursuant to the California Environmental Quality Act. CONFLICT OF INTEREST Staff is not aware of any conflicts of interest. FISCAL IMPACT $16,250 has been allocated from the General Fund, FY 24/25. Approve Agreement with Pyro Spectaculars for the 4th of July Celebration 2025 Page 2 APPROVE: Interim City Manager: Dario Dominguez Finance: City Attorney: TYPE OF ITEM: X Consent Public Hearing Info Item Matter Initiated by a Council Member Action Item Other Department Report Continued to: Redevelopment Agency Pyro Spectaculars, Inc. CITY OF ORANGE COVE P.O. Box 2329 Program # A, Rev #1 Rialto, CA 92377 July 5, 2025 Tel: 909-355-8120 : Fax: 909-355-9813 Page 1 of4 PRODUCTION AGREEMENT (Spccial) This agreement ("Agreement") isr made this day of 2025 by and between Pyro Spectaculars,' Inc., a California corporation, hercinafter referred to as ("PYRO"), and CITY OF ORANGE COVE, hercinafter referred to as ("CLIENT"). PYRO and CLIENT arc sometimes referred to as "Party" or collectively as "Parties" herein. 1. Engagement- CLIENT hercby engages PYRO to provide to CLIENT one fireworks production ("Production"), and PYRO accepts such engagement upon all of the promises, terms and conditions hercinafter: set forth. The Production shall be substantially as outlined in Program "A", attached hereto and incorporated: herein by this reference. 1.1 PYRO Duties PYRO shall provide all pyrotechnic equipment, trained pyrotechnicians, shipping, pyrotechnic products, application for specific pyrotechnic permits (the cost of which,i including standby fees, shall be paid by CLIENT) relating to the Production, insurance covering the Production and the other things on its part to be performed, including preproduction services, all as more specifically set forth below in this Agreement andi in the Scope of Work ("Scope of Work"), attached! hereto, incorporated herein by this reference, and made a part oft this Agreement as though set forth fully herein. 1.2 CLIENTI Duties CLIENT shall provide to PYROa a suitable site ("Site") for the Production, sccurity for the Site as set forth in Paragraph 61 hercof, access to the Site, any permission necessary to utilize the Site for thel Production, and the other things on its part to bep performed as more specifically set forth belowi in this Agrcement and in the Scope of Work. All Site arrangements ares subject to PYRO's reasonable approval ast to pyrotechnics safcty, suitability, and sccurity. All other conditions oft the Site shall be the responsibility OfCLIENT, including, but not limited to, access, use, control, parking and general safety with respect to the public, CLIENT personnel and other contractors. 2. Time and Place The Production shall take place on; July 5. 2025, at approximatcly 9:15 PM, at Orange Cove Skatepark. Southwest field. 25500 Parlier Ave.. Orange Cove, CA, Site. 3. Fees. Interest. and Expenses 3.1 Fee- CLIENT agrecs to pay PYROai fee of $16.250.00 USD (SIXTEEN THOUSAND1 TWO HUNDREDFIFTY DOLLARS) ("Fee") fort the Production. CLIENT shall pay tol PYRO: an initial payment ("Initial Payment") equal to 50 % oft the Production Fee $8.125.00 USD (EIGHT THOUSAND ONE HUNDRED TWENTY-FIVE DOLLARS) plus estimated permit and standby fees, and other regulatory costs approximated: at S00.00 OR an amount to bec determined, for at total of $8.125.00 USDI upon the execution of this Agreement by both parties but no later than April11.2025. The Initial Payment is aj partial payment toward the preproduction services and costs set forth in the Scope of Work ("Preproduction Services and Costs".) The balance of the Fcc shall bep paidr no later than June 16. 2025. CLIENT authorizes PYRO to receive and verify credit and financial information conceming CLIENT from any agency, person or entity including buti not limited to credit reporting agencies. The "PRICE FIRM" date, the date by which the executed Agreement must be delivered tol Pyro, is set forth inj paragraph 20. 3.2 Interest- In the event that the Fec is not paid in a timely manner, CLIENT will be responsible for the payment of1 1.5% interest perr month or 18% annually on the unpaid balance. Iflitigation arises out ofthis Agreement, the prevailing party shall be entitled to reasonable costs incurred in connection with the litigation, including, but not limited to attomeys' fees. 3.3 Expenses PYRO shall pay all normal expenses directly related to the Production including freight, insurance as outlined, pyrotechnic products, pyrotechnic cquipment, experienced pyrotechnic personnel to set upa and discharge thej pyrotechnics and those additional items as outlined as PYRO's responsibility in the Scope ofWork. CLIENT shall pay all costs related to the Production: not supplied by PYRO including, but not limited to, those items outlined as CLIENT's responsibility in this Agrcement and Scope of Work. 4. Proprietary Rights PYRO represents and warrants that it owns all copyrights, including performance rights, to this Production, except that PYRO does not own CLIENT-owned material or third-party-owned material that has been included in thel Production, and as to such CLIENT-owned: and third-party- owned material, CLIENT assumes full responsibility therefore. CLIENT agrees that PYRO: shall retain ownership of, and all copyrights and other rights to, the Production, except that PYRO: shall not acquire orr retain any ownership or other rights in ort to CLIENT-owned: material and hird-party-owned material and shall not ber responsiblei in any way for such material. Ifapplicable, CLIENT consents to the use OfCLIENT-owned material and represents that it has or will obtain any permission from appropriate third partics sufficient to authorize public exhibition of any such material in connection with this Production. PYRO reserves the ownership rights in its tradc names that are usedi inc or are aj product oft the Production. Any reproduction by sound, video or other duplication or recording process without the express written permission ofl PYRO is prohibited. 5. Safety PYRO and CLIENT: shall cach comply with applicable federal, state and local laws and regulations and cmploy safety programs and measures consistent with recognized applicable industry standards and practices. At allt times beforc and during the Production, it shall be within PYRO's solc discretion to determine whether orr not thel Production may! be safely discharged or continued. It shall not constitute a breach ofthis Agreement by PYRO for fireworks to fail orr malfunction, or for PYRO to determine that the Production cannot be discharged or continued as al result of any conditions or circumstances: affecting safcty beyondt the reasonable control ofPYRO. 6. Security CLIENT shall provide adequate sccurity personnel, barricades, and Police Department services as may be necessary to preclude individuals other than those authorized by PYRO from entering an area to be designated by PYRO: as the arca for the set-up and discharge ofthe Production, includinga fallout arca satisfactory to PYRO where the pyrotechnics may safcly rise and any debris may safely fall. PYRO shall have no responsibility for monitoring or controlling CLIENT's other contractors, providers or volunteers; the public; areas to which the public or contractors have access; or any other public or contractor facilities associated with thel Production. 7. Cleanup PYRO: shall be responsible for the removal of all equipment provided by PYRO: and clean up ofany live pyrotechnic debris made necessary by PYRO. CLIENT shall be responsible for any other clean up which may be required oft the Production or set-up, discharge and fallout arcas including any environmental clean-up. PSI V-2021-2 Pyro Spectaculars, Inc. CITY OF ORANGE COVE P.O. Box 2329 Program # A, Rev #1 Rialto, CA 92377 July 5, 2025 Tel: 909-355-8120 : Fax: 909-355-9813 Page 2 of4 8. Permits PYRO agreest to apply forp permits for the firing of pyrotechnics only from the ORANGE COVE FIRE DEPARTMENT, FAA, and USCG, ifr required. CLIENT shall be responsible for any fees associated with thesc permits including standby fccs. CLIENT shall ber responsible for obtaining any other necessary permits, paying: associated fees, and making other appropriate arrangements for Police Departments, other Firc Departments, road closures, event/activity or land usc permits or any permission or permit required by any Local, Regional, State or Federal Government. 9. Insurance PYRO shall at all times during thej performance of services hercin ensure that the followingi insurance is maintained in connection with PYRO's performance of this Agreement: (I) commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 0001, including products, completed operations, and contractual liability in the amount of $2,000,000 per occurrence, $4,000,000 general aggregate, and $2,000,000 products and completed opcrations aggregate under this Agreement; (2) automobile liability insurance: in the amount of $1,000,000 cach accident, (3) statutory workers' compensation insurance and employer liability insurance with limits of not less than $1,000,000 cach accident, $1,000,000 by discasc-policy limit, and $1,000,000 by disease-each employe. Such insurance is to protect CLIENT from claims for bodily injury, including death, personal injury, and from claims of property damage, which may arise from PYRO's performance of this Agreement, only. The types and amounts ofo coverage shall be as set forth in the Scope of Work. Suchi insurance shall not include claims which arise from CLIENT's sole negligence or willful conduct or from failure OfCLIENT to perform its obligations under this Agreement, coverage for which shall be provided by CLIENT. The coverage ofthese policics shall be subject to reasonable inspection by CLIENT. Certificates ofl Insurance and amendatory endorsements cvidencing the required coverages shall be fumished to CLENT prior to the rendering of services hereunder: and shall include that the following arc named as additionally insured on Insurance Services Office form CG 20 10 (or cquivalent) for ongoing operations: CLIENT, its officials, officers, employees, agents, and volunteers; Sponsors, Landowners, Barge Owners, ifany; and Permitting Authoritics, with respect to the operations ofPYRO at the Production. Pyrotechnic subcontractors or providers, ifany, not covered as additional insureds under policies of commercial general liability and automobile liability insurance policics, the policies shall allow and be endorsed to include a waiver of subrogation ini favor of the additional insureds, and the policies required hercunders shall allow and be endorsed as primary and not scck contribution from the additional insured's coverage. Coverage shall state that PYRO's insurance shall apply separately to cach insured against whom claim is made or suit is brought, except with respect to the limits ofthei insurer's liability. Any failuret to comply with reporting provisions of the policies by PYRO shall not affect coverage provided to the CLIENT. shall secure, maintain and provide their own insurance coverage with respect to their respcctive operations ands services. 10. Indemnification PYRO: represents and warrants that iti is capable of furnishing the necessary expericnce, personnel, equipment, materials, providers, and expertise toj produce the Production in a safe and professional manner. Notwithstanding: anything in this Agreement to the contrary, PYRO shall indemnify, hold harmless, and defend CLIENT and the additional insureds from and against any and all claims, actions, damages, liabilitics and expenscs, including but not limited to, attorney and other profcssional fecs and court costs, in connection with the loss oflife, personal injury, and/or damage to property, arising from or out oft the Production and thej presentation thercof to the extent such are occasioned by any negligent act or omission of PYRO, their officers, agents, contractors, providers, or employccs. CLIENT: shall indemnify, hold harmless, and defend PYRO from and against any and all claims, actions, damages, liability and expenses, including but not limited to, attorney and other professional fees and court costs in conncction with the loss oflife, personal injury, and/or damage to property, arising from or out ofthe Production and the presentation thercofto the extent such are occasioned by any negligent act or omission of CLIENT, its officers, agents, contractors, providers, or employces. Inr no event shall cither party be liable for the consequential damages oft the other party. 11. Limitation of Damages for Ordinary Breach Except in the case ofbodily injury and property damage as provided in the insurance and indemnification; provisions ofF Paragraphs 9: and 10, above, in the event CLIENT claims that PYRO has breached this Agreement or was otherwise negligent in performing the Production provided for hercin, CLIENT: shall not be entitled to claim or recoveri monetary damages from PYRO beyond the amount CLIENT has paidt to PYRO under this Agreement, and shall not be entitled to claim or recover any consequential damages from PYRO including, without limitation, damages for loss of income, business or profits. 12. Force Majeure- CLIENT agrees to assume ther risks ofweather, strike, civil unrest, terrorism, military action, govermental action, and any other causes beyond the control of PYRO whichr may prevent the Production from being safely discharged on the scheduled date, which may cause the cancellation ofa any event for which CLIENT has purchased thel Production, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the Production. If, for any such reason, PYRO is not reasonably able to safcly discharge the Production on the scheduled date, or at the scheduled time, or should any event for which CLIENTI has purchased the Production be canceled as a result ofs such causcs, CLIENT may (1) reschedulei the Production and pay PYRO such sums as provided inl Paragraph 12, or (ii) cancel the Production and pay PYRO such sums as provided in Paragraph 13, based upon when thel Production is canceled. 13. Rescheduling Of Event IfCLIENT elects to reschedule the Production, PYRO: shall be paid the original Fee plus all additional expenses made necessary by rescheduling plus a 15% service fce on such additional expenses. Said expenses will be invoiced separately and payment will be due in full within 5 days of receipt. CLIENT: and PYRO shall agrec upon the rescheduled date taking into considcration availability ofp permits, materials, equipment, transportation and labor. Thel Production shall be rescheduled fora a date not more than 901 Days subsequent to the date first set for the Production. The Production shall not be rescheduled to a date, or for an event, that historically has involved a fireworks production. The Production: shall not be rescheduled' between June 15th and. July 15th unless the original date was July 4th ofthat same ycar, or between December 15th and. January 15th unless the original date was December 31st oft the carlier ycar unless PYRO agrecst that such rescheduling will not adversely affect normal business operations during those periods. 14. Right7 To Cancel CLIENT shall have the option to unilaterally cancel the Production prior to the scheduled date. IfCLIENT exercises this option, CLIENT agrecst toj pay tol PYRO,as liquidated damages, the following percentages of the Fce as set forth in Paragraph 3.1. 1): 50% ifo cancellation occurs 30 orr more days prior to the scheduled date, 2) 75% if cancellation occurs 15t to: 29 days prior to the scheduled date, 3) 100% thercafter. In the event CLIENT cancels the Production, it will bei impractical or extremely difficult to fix actual amount ofPYRO's damages. The foregoing represents a reasonable estimate of the damages PYRO will sufferi ifCLIENT cancels thel Production. 15. No. Joint Venture It is agreed, nothingi in this Agreement or inl PYRO's performance of the Production shall be construed as forming a partnership or joint venture between CLIENT and PYRO. PYRO: shall be: andi is an independent contractor with CLIENT and not an employee OfCLIENT. The Partics hereto shall bes severally, responsible for their own separate debts and obligations and ncither Party shall be held responsible for any agreements or obligations not expressly provided for herein. PSI V-2021-2 Pyro Spectaculars, Inc. CITY OF ORANGE COVE P.O. Box 2329 Program # A, Rev #1 Rialto, CA 92377 July 5, 2025 Tel: 909-355-8120 : Fax: 909-355-9813 Page 3 of4 16. Applicablel Law This Agreement and the rights and obligations of the Parties hereunder shall bc construcd in accordance with the laws of California. It is furthera agreed that the Central Judicial District of San Bernardino County, California, shall bep proper venuc for any such action. In the event that the scope of the Production is reduced by authoritics having. jurisdiction or by cither Party for safety concerns, the full dollar amounts outlined in this Agreement arc cnforccable. 17. Notices - Any Notice to the Partics permitted or required under this Agreement may be given by mailing such Noticei in the United States Mail, postage prepaid, first class, addressed as follows: PYRO Pyro Spectaculars, Inc., P.O. Box 2329, Rialto, California, 92377, or for ovemight delivery to 31961 N. Locust Avenue, Rialto, California 92377. CLIENT City of Orange Cove. 6336"S Street. Orange Cove. CA 93646. 18. Modification ofTerms All terms of the Agreement are in writing and may only be modified by written agreement of both Partics hercto. Bothl Parties acknowledge they have received a copy ofs said written Agreement and agree to be bound by said terms of written Agreement only. 19. Severability - Ifthere is more than one CLIENT, they shall bej jointly and severally responsible to perform CLIENT's obligations under this Agreement. This Agreement shall become effective after iti is executed and accepted by CLIENT and after it is cxccuted and accepted by PYRO at PYRO's offices in Rialto, Califoria. This Agreement may be executed in several counterparts, including faxed and emailed copics, cach one of which shall be deemed an original against the Party exccuting same. This Agreement shall be binding upon the Parties hercto and upon their heirs, successors, executors, administrators and assigns. 20. Price Firm Ifany changes or alterations are made by CLIENT to this Agreement or ifthis Agrcement is not executed by CLIENT: and delivered tol PYRO on or before thel PRICE: FIRM date shown below, or ifthe Initial Payment is not! paid on or before the duc date, then the price, date, and scope of the Production are subject to revicw and acceptance by PYRO: for a period of1 150 days following delivery to PYRO of thc exccuted Agreement. In the cvent it is not accepted by PYRO, PYRO shall give CLIENT written notice, and this Agrcement shall be void. PRICE FIRM through. April 11, 2025 EXECUTED. AGREEMENT MUST BE DELIVERED TOI PYROI BY THIS DATE. Scc PRICEI FIRM conditions, paragraph 20, above. EXECUTED: as of the date first written above: PYRO: SPECTACULARS, INC. CITY OF ORANGE COVE By: By: Its: Vice President Its: 4/8/25 Print Name SHOW PRODUCER: Jennifer Waite PSI V-2021-2 Pyro Spectaculars, Inc. CITY OF ORANGE COVE P.O. Box 2329 Program # A, Rev #1 Rialto, CA 92377 July 5, 2025 Tel: 909-355-8120 : Fax: 909-355-9813 Page 4 of4 SCOPE OF WORK PYRO SPECTACULARS, INC. ("PYRO") and CITY OF ORANGE COVE ("CLIENT") Pyro shall provide the following goods and services to CLIENT: One Pyro Spectaculars, Inc., Production on July 5, 2025, at approximately 9:15 PM, at Orange Cove Skatepark. Southwest field. 25500 Parlier Ave.. Orange Cove, CA. All pyrotechnic equipment, trained pyrotechnicians, shipping, and pyrotechnic product. Preproduction Services and Costs for the Production, including advance acquisition of materials and products; design, engineering, programming, handling, staging, storage, and maintenance of products, props, and systems; preparation of drawings, diagrams, listings, schedules, inventory controls, choreography, and computer code; picking, packing, labeling, staging, and loading of equipment, materials, and systems; transportation, and logistics and crew scheduling and support; explosive storage magazines with legally mandated distances, surfaces, security, housekeeping, and access controls; and necessary and appropriate vehicles, including legally mandated insurance, including MCS90 explosives transportation coverage, parking, security, and maintenance. Application for specific pyrotechnic permits relating to the Production. Insurance covering the preproduction and Production as set forth in the Agreement with the following limits: Insurance. Requirements Limits Commercial General Liability $2,000,000.00 Combined Single Limit- Each Occurrence (Bodily Injury & Property Damage) $4,000,000.00 Aggregate Business Auto Liability- $5,000,000.00 Combined Single Limit- Each Occurrence Owned, Non-Owned: and Hired Autos (Bodily Injury & Property Damage) Workers' Compensation Statutory Employer Liability $1,000,000 Per Occurrence CLIENT shall provide to PYRO the following goods and services: All on-site labor costs, if any, not provided or performed by PYRO personnel including, but not limited to, local union requirements, all Site security, Police and Fire Dept. standby personnel, stagehands, electricians, audio and fire control monitors, carpenters, plumbers, clean-up crew. All these additional personnel and services shall be fully insured and the sole responsibility OfCLIENT. Coordination and any applicable non-pyrotechnic permitting with the local, state or federal government that may hold authority within the Production. Costs ofall permits required for the presentation of the Production and the event as a whole. Provision of a Safety Zone in accordance with applicable standards and all requirements ofthe authorities having. jurisdiction throughout the entire time that the pyrotechnics are at the Site or the load site (if different) on the date oft the Production and all set-up and load-out dates, including water security to keep unauthorized people, boats, etc. from entering the Safety Zone. General Services including, but not limited to, Site and audience security, fencing, adequate work light, dumpster accessibility, a secure office for PYRO personnel within the venue, secure parking for PYRO vehicles, access to washrooms, tents, equipment storage, hazmat storage, electrical power, fire suppression equipment, access to worksites, necessary credentialing, etc., will be required as necessary. PSI V-2021-2 RECEVED APR 16 2025 City Clerk Cove City of Orange