Lake Elsinore City Council
July 11, 2023

City of Lake Elsinore
City Council Meeting
Agenda – Final
Natasha Johnson, Mayor
Steve Manos, Mayor Pro Tem
Brian Tisdale, Council Member
Timothy J. Sheridan, Council Member
Robert E. Magee, Council Member
Jason Simpson, City Manager
Meeting Date:

July 11, 2023
Closed Session: NONE
Public Session: 7:00 PM
Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530
CALL TO ORDER - 7:00 P.M.

The Regular Meetings of the City Council and the Successor Agency will be called to order.

PLEDGE OF ALLEGIANCE

MOMENT OF SILENCE

ROLL CALL

PRESENTATIONS/CEREMONIALS
1) Riverside County Sheriff's Office 2023 Second Quarter Statistical Update PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
(Please read & complete a Request to Address the City Council/Successor Agency form prior to the start of the meeting and turn it in to the City Clerk/Clerk. The Mayor/Chair or City Clerk/Clerk will call on you to speak.)

CITY COUNCIL CONSENT CALENDAR
2) Minutes of the Regular City Council Meeting of June 27, 2023 Approve the Minutes.
3) CC Warrant Report Dated Jun 09, 2023, to Jun 15, 2023 Receive and File.

City Council Agenda - Final July 11, 2023
City of Lake Elsinore Page 2
4) Adoption of the Fiscal Year 2023-24 Gann Limit
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS GANN LIMIT FOR FY 2023- 24 AND SELECTING THE POPULATION AND INFLATION FACTOR ACCORDINGLY. 5) Attorney Representation Agreement with Atkinson, Andelson, Loya, Rudd & Romo Approve and authorize the City Manager to execute an agreement with Atkinson, Andelson, Loya, Rudd & Romo to provide special counsel legal services relating to public employment matters on an as-needed basis in substantially the form attached and in such final form as approved by the City Attorney.
6) Appointment to the Planning Commission
Appoint Myles Ross to serve on the Lake Elsinore Planning Commission for a partial term expiring December 31, 2024.
7) Fiscal Year 2023-24 Special Taxes for Community Facilities Districts and Assessment District No. 2021-1 (Canyon Hills)

1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF

SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICTS FOR FISCAL YEAR 2023-24; and

2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2021-1 (CANYON HILLS) FOR FISCAL YEAR 2023-24.
8) Community Development Block Grant (CDBG) Joint Recipient Cooperative Agreement for Federal Fiscal Years 2024, 2025, and 2026

1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE COUNTY OF RIVERSIDE’S URBAN COUNTY PROGRAM FOR FISCAL YEARS 2024, 2025, AND 2026; and

2. Approve and authorize the Mayor to execute the revised Joint Recipient Cooperation Agreement with the County of Riverside, allowing the City to participate in the Urban County Consolidated Planning Programs.
9) 2023-24 Angler Chronicles - Marketing and Media Services Agreement Approve and authorize the City Manager to execute a Professional Services Agreement with Angler Chronicles for Marketing and Media services in an amount not to exceed $32,000.00 in such final form as approved by the City Attorney.

City Council Agenda - Final July 11, 2023
City of Lake Elsinore Page 3
10) TR 38116 Lakeside Haul Route
Approve a request for the haul route including hours of operation for Tract No. 38116 Lakeside residential project; and authorize the Mayor and City Manager to execute the haul route construction agreement.
11) Public Works Construction Agreements with Endresen Development, LLC and Unique Builders of California, LLC for the City Emergency Operation Center (EOC) Building Project, CIP Project #Z20036

1. Approve and authorize the City Manager to execute an agreement with Endresen Development, LLC in an amount not to exceed $61,465.00 in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $6,147.00 for construction uncertainties and adjustments; and

2. Approve and authorize the City Manager to execute an agreement with Unique Builders of California, LLC in an amount not to exceed $166,669.00 in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $16,666.90 for construction uncertainties and adjustments.
12) Construction Agreement to NPG, Inc. for the City-Wide Annual Asphalt Maintenance and Repair, New Installation Program, and On-Call Emergency Construction Services, Project No. Z10002
Approve and authorize the City Manager to execute a Construction Agreement with NPG, Inc. for City-Wide Annual Asphalt Maintenance and Repair, New Installation Program, and On-Call Emergency Construction Services in an amount not to exceed $2,000,000.00 in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $200,000.00 for construction uncertainties and adjustments. 13) Amendment No. 2 to the Agreement for Contractor Services with RP Landscape & Irrigation, Inc. for Citywide Park Maintenance Services Approve and authorize the City Manager to execute Amendment No. 2 to the Agreement with RP Landscape & Irrigation, Inc. for Citywide Park Maintenance Services to increase compensation by an additional $98,500.00 for a total amount not to exceed $1,047,542.00 per Fiscal Year in such final form as approved by the City Attorney. 14) Agreement with Prudential Overall Supply for Employee Uniforms, Shop Towel Services, and Logo Mat Services
Approve and authorize the City Manager to execute an Agreement with Prudential Overall Supply for Employee Uniforms, Shop Towel Services, and Logo Mat Services for an amount not to exceed $21,000 per Fiscal Year for a term of two years in such final form approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $2,100.00 for unanticipated costs.

City Council Agenda - Final July 11, 2023
City of Lake Elsinore Page 4

SUCCESSOR AGENCY CONSENT CALENDAR
15) Minutes of the Regular Successor Agency Meeting of June 27, 2023 Approve the Minutes.
16) SA Warrant Report Dated Jun 09, 2023, to Jun 15, 2023 Receive and File.
17) Resolution Confirming Fiscal Year 2023-24 Special Taxes for Community Facilities District No. 90-2 (Tuscany Hills Public Improvements)
Adopt A RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT

AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX

COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON PROPERTIES WITHIN COMMUNITY FACILITIES DISTRICT NO. 90-2 FOR FISCAL YEAR 2023-24.

PUBLIC HEARINGS
18) Citywide Landscaping and Street Lighting District and the Landscaping and Street Lighting Maintenance District No. 1 for Fiscal Year 2023-24

1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND

PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT FOR FISCAL YEAR 2023-24 FOR THE CITYWIDE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT (LLMD); and

2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND

PROVIDING FOR AN ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT FOR FISCAL YEAR 2023-24 FOR THE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1.
19) Approve Placing Delinquent Weed Abatement Charges on the Tax Roll Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF

WEED ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE

GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE

COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL

ASSESSMENT LIEN AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND

PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE.

City Council Agenda - Final July 11, 2023
City of Lake Elsinore Page 5
20) Approve Placing Delinquent Refuse Bills on the FY 2023-2024 Tax Roll Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, FOR DELINQUENT RESIDENTIAL REFUSE FEES AND DIRECT

STAFF TO PLACE SPECIAL ASSESSMENTS AGAINST THE PROPERTIES LISTED IN THE ITEMIZED REPORT ON FILE WITH THE CITY CLERK'S OFFICE.

BUSINESS ITEM
21) Issuance of City of Lake Elsinore Community Facilities District No. 2006-8 (Running Deer Estates) Special Tax Bonds, Series 2023 in a Principal Amount Not to Exceed Five Million Dollars ($5,000,000) and Approving Certain Documents and Taking Certain Other Actions in Connection Therewith
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-8 (RUNNING DEER ESTATES) AUTHORIZING THE ISSUANCE OF ITS SPECIAL TAX BONDS, SERIES 2023 IN A PRINCIPAL AMOUNT NOT TO EXCEED $5,000,000 MILLION DOLLARS ($5,000,000)

AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER

ACTIONS IN CONNECTION THEREWITH
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
(Please read & complete a Request to Address the City Council/Successor Agency form prior to the start of the meeting and turn it in to the City Clerk/Clerk. The Mayor/Chair or City Clerk/Clerk will call on you to speak.)

CITY MANAGER COMMENTS

CITY ATTORNEY COMMENTS

CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED

ADJOURNMENT
The Lake Elsinore City Council will adjourn to the next Regular meeting of Tuesday, July 25, 2023 in the Cultural Center located at 183 N. Main Street. Closed Session will commence at 5:00 p.m. or such later time as noticed on the Agenda, and the regular Open Session business meeting will commence at 7:00 p.m.

AFFIDAVIT OF POSTING
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the forgoing agenda was posted at City Hall at 5:00 p.m. on Thursday, July 6, 2023 _________________________
Candice Alvarez, MMC
City Clerk

REPORT TO CITY COUNCIL
To: Honorable Mayor or Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Jason Simpson, City Manager
Date: July 11, 2023
Subject: Riverside County Sheriff's Office 2023 Second Quarter Statistical Update Community Development:

Applicant Name:

Recommendation
Background
Discussion
Fiscal Impact
Attachments

REPORT TO CITY COUNCIL
To: Honorable Mayor or Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Candice Alvarez, MMC, City Clerk
Date: July 11, 2023
Subject: Minutes of the Regular City Council Meeting of June 27, 2023 Community Development:

Applicant Name:

Recommendation
Approve the Minutes.

Background
Discussion
Fiscal Impact
Attachments
Attachment 1- Draft Minutes

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: July 11, 2023
Subject: CC Warrant Report Dated Jun 09, 2023, to Jun 15, 2023 Recommendation
Receive and File.

Discussion
The Warrant Report lists all general checks issued since the prior Warrant Report.

Attachments
Attachment 1 - City Warrant Summary
Attachment 2 - City Warrant Listing
JUN 09, 2023 TO JUN 15, 2023 CITY OF LAKE ELSINORE CITY WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
100 GENERAL $ 426,653.57
103 THE ANCHOR 66,190.76
105 MISC GENERAL PROJECTS 15,862.50
110 GAS TAX 1,865.12
130 LIGHTING, LANDSCAPE, MAINTENANCE DIST - CITYWIDE 36,016.89 135 LIGHTING, LANDSCAPE, MAINTENANCE DIST - NO. 1 4,312.82 180 LAUNCH POINTE 79,306.39
300 INSURANCE SERVICES 876,522.90
305 INFORMATION SYSTEMS SERVICE 10,160.12
310 SUPPORT SERVICE 6,214.52
315 FLEET SERVICE 12,321.69
320 FACILITIES SERVICE 6,390.53
330 CFD 2015-2S MAINTENANCE SERVICES 305.21
337 CFD 2016-2 CANYON HILLS IMPROVEMENT 1,500.00
345 CFD 2003-2 IA-D CANYON HILLS IMPROVEMENT 3,040.00
347 CFD 2006-1 IA-A SUMMERLY IMPROVEMENT 2,740.00
350 CFD 98-1 SUMMERHILL IMPROVEMENT 3,160.00
390 CFD 2003-2 IA-C CANYON HILLS IMPROVEMENT 2,360.00
394 CFD 2005-5 WASSON CANYON IMPROVEMENT 2,200.00
500 CAPITAL IMPROVEMENT PLAN 801,715.29
617 HOUSING 1,790.00
620 COST RECOVERY TRUST DEPOSITS 168.70
653 CFD 2009-1S PARK,OPEN SPACE,STREET LIGHT SERVICES 1,598.36 GRAND TOTAL $ 2,362,395.37
Attachment 1 1 of 1
JUN 09, 2023 TO JUN 15, 2023 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
5590 AMAZON BUSINESS $ 4,027.82
5591 AMERICAN MATERIAL COMPANY 703.83
5592 CALIFORNIA JPIA 876,202.00
5593 CM WASH EQUIPMENT 1,601.48
5594 DOWNS ENERGY 6,663.68
5595 ENDRESEN DEVELOPMENT, INC. 576.00
5596 ENDRESEN DEVELOPMENT, INC. 576.00
5597 ENDRESEN DEVELOPMENT, INC. 576.00
5598 ENDRESEN DEVELOPMENT, INC. 576.00
5599 ENDRESEN DEVELOPMENT, INC. 576.00
5600 ENDRESEN DEVELOPMENT, INC. 576.00
5601 ENDRESEN DEVELOPMENT, INC. 576.00
5602 ENDRESEN DEVELOPMENT, INC. 9,814.50
5603 ENDRESEN DEVELOPMENT, INC. 9,690.66
5604 ENDRESEN DEVELOPMENT, INC. 9,671.74
5605 ENDRESEN DEVELOPMENT, INC. 576.00
5606 ENDRESEN DEVELOPMENT, INC. 9,761.74
5607 ENGINEERING RESOURCES OF SO CA 6,334.70
5608 ENGINEERING RESOURCES OF SO CA 11,138.40
5609 QUADIENT FINANCE USA, INC. 2,000.00
5610 REGIONAL CONSERVATION AUTHORITY 47,468.80
5611 RENTERIA, YARABITH BUENFIL 1,755.00
5612 RIVERSIDE COUNTY TREASURER, MATTHEW JENNINGS 22,944.34 5613 SECURITAS SECURITY SERVICES USA, INC. 2,922.08
5614 SERVICE FIRST 895.00
143400 AMBER AIR CONDITIONING, INC. 25,457.00
143401 AMERICAN FORENSIC NURSES, INC. 869.05
143402 ANDERSON CHEVROLET 1,715.14
143403 AZTECA CLEANING SERVICES LLC 31,506.24
143404 BANK OF AMERICA (3151) 572.79
143405 BIO-TOX LABORATORIES 1,355.68
143406 BLACK TIE LAUNDRY 601.44
143407 BLAIS & ASSOCIATES, INC. 15,862.50
143408 BURKE, WILLIAMS & SORENSEN, LLP 324.50
143409 CALIFORNIA, DEPARTMENT OF JUSTICE 280.00
143410 CALIFORNIA, DEPARTMENT OF JUSTICE 290.00
143411 CDW GOVERNMENT, INC. 111.51
143412 CED LAGUNA 445.75
143413 CHARTER COMMUNICATIONS 2,503.55
143414 CINTAS CORPORATION NO. 2 218.50
143415 CITY OF LAKE ELSINORE 5.75
143416 CIVICA LAW GROUP, APC 11,492.99
143417 CORODATA RECORDS MANAGEMENT, INC. 134.37
143418 COTTER CONSTRUCTION, INC. 98,600.00
Attachment 2 1 OF 3
JUN 09, 2023 TO JUN 15, 2023 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
143419 CRAFCO, INC. 943.48
143420 DECOR IQ, LLC 1,450.00
143421 DIRECTV 170.92
143422 EMBROIDERY & MORE, INC. 262.63
143423 EVMWD 13,782.39
143425 FEDERAL EXPRESS CORPORATION 96.85
143426 FERGUSON 337.02
143427 FORENSIC NURSES OF SOCAL, INC. 1,200.00
143428 FRONTIER CALIFORNIA - INTERNET 904.01
143429 FRONTIER CALIFORNIA, INC. 410.68
143431 GREAT AMERICA FINANCIAL SERVICES 600.30
143432 HIT PRINT, INC. 232.74
143433 IMPACT PROMOTIONAL PRODUCTS 1,647.95
143434 IN & OUT VEHICLE REGISTRATION SERVICE 42.00
143435 INLAND BOBCAT, INC. 905.46
143436 INLAND URGENT CARE,MEDICAL CORP 915.00
143437 INNOVATIVE DOCUMENT SOLUTIONS 3,517.37
143438 JIMNI SYSTEMS, INC. 920.00
143439 JJ ROOFING 593,787.00
143440 JOHNSON, NATASHA 40.88
143441 M & M AIR CONDITIONING 254.38
143442 NPG, INC. 14,542.50
143443 O'REILLY AUTO STORES INC/FIRST CALL 232.75
143444 PETTY CASH - CITY OF LAKE ELSINORE 923.34
143446 PRESS-ENTERPRISE, THE 3,010.19
143447 PRUDENTIAL OVERALL SUPPLY 448.75
143448 QUICK CRETE PRODUCTS CORP. 18,482.07
143449 QUINN COMPANY 4,335.89
143450 RIGHTWAY SITE SERVICES, INC. 2,682.48
143451 RIVERSIDE COUNTY OFFICE OF ECONOMIC DEVELOPMENT 11,729.97 143452 RIVERSIDE COUNTY SHERIFF'S, ACCOUNTING & FINANCE 246,796.81 143453 ROW TRAFFIC SAFETY, INC 2,437.05
143454 RP LANDSCAPE & IRRIGATION 6,273.04
143455 RSG, INC. 1,790.00
143456 SHERIFF'S SPECIAL EVENTS 100.00
143457 SIGN DESIGN 104.22
143458 SOCIAL WORK ACTION GROUP 36,933.00
143459 SOCIAL WORK ACTION GROUP 23,082.76
143460 SOLCIUS, LLC 1,576.32
143466 SOUTHERN CALIFORNIA EDISON CO. 41,623.72
143473 STAPLES ADVANTAGE 213.80
143474 SUN CITY GRANITE, INC 500.00
143475 TASC 736.44
143476 TEAM AUTOAID, INC. 629.61
Attachment 2 2 OF 3
JUN 09, 2023 TO JUN 15, 2023 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
143477 URBAN FUTURES, INC. 7,100.03
143478 UTILITY COST MANAGEMENT LLC 318.09
143479 VERIZON WIRELESS (#1) 3,049.51
143480 VERIZON WIRELESS (#2) 3,639.25
143481 VULCAN MATERIALS COMPANY 921.64
143482 WAXIE SANITARY SUPPLY 721.95
143483 WEST COAST SERVICES 1,055.00
143484 WILMINGTON TRUST, NATIONAL ASSOCIATION 15,000.00 DFT230498 CHARTER COMMUNICATIONS 39.99
DFT230519 CALPERS 68,434.49
DFT230523 JOHNSON, NATASHA (40.88)
GRAND TOTAL $ 2,362,395.37
Attachment 2 3 OF 3

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: July 11, 2023
Subject: Adoption of the Fiscal Year 2023-24 Gann Limit Recommendation
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS GANN LIMIT FOR FY 2023-24 AND SELECTING THE POPULATION AND INFLATION FACTOR ACCORDINGLY.

Background
On June 13, 2023 Council adopted a resolution establishing the appropriations Gann Limit for FY 2023-24. The schedule attached to the resolution was incorrect.

Discussion
Under Government Section 7910, the City Council is required, on an annual basis, to adopt by resolution the "Gann" Appropriations Limit. The Appropriations Limit restricts the revenue that can be appropriated in any fiscal year. The Limit is adjusted each year based on the change in the population and either the change in non-residential assessed valuation or the change in California per capita income. The Limit for the FY2023-24 is based on California's per capita income.

Using population and per capita personal income data provided by the State Department of Finance, the City's Appropriations Limit for FY2023-24 has been computed to be $128,984,827.

Appropriations subject to the Limit in the proposed FY2023-24 budget total $46,864,189, which is $82,120,638 less than the computed Limit. Additional appropriations to the budget are funded by non-tax sources such as service charges, restricted revenues from other agencies, grants, or beginning fund balances would be unaffected by the Appropriations Limit. However, any supplemental appropriations funded through increased tax sources could not exceed the $82,120,638 variance indicated above. Further, any overall actual receipts from tax sources greater than $82,120,638 from the budget estimates will result in proceeds from taxes above the City's Appropriations Limit, requiring refunds of the excess within the next two fiscal years or voter approval to increase the City's Appropriations Limit.

FY 2023-24 Gann Limit

Fiscal Impact
The Proposed FY2023-24 Gann Limit will set the maximum revenue appropriation at $128,984,827.

Attachments
Attachment 1 - Resolution Gann Limit FY 23-24
Exhibit A - Appropriations Limit Calculation
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ESTABLISHING THE APPROPRIATIONS GANN LIMIT FOR FY 2023-24 AND SELECTING THE POPULATION AND INFLATION FACTOR

ACCORDINGLY
Whereas, Voters approved Proposition 4, the “Gann Limit” Initiative, on November 6, 1979, in a statewide special election ballot as an initiated constitutional amendment, which would limit the growth in appropriations, made by the state and individual local governments. The limit in the rate of growth is the percentage increase in the cost of living and the percentage increase in the state or local government's population. Require state and local governments to return any funds to taxpayers in excess of the amount appropriated for a given fiscal year. Require the state to reimburse local governments for the cost of complying with state mandates.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The Appropriations Limit will be calculated based on the changes in City population and California per capita personal income.

Section 2. The Appropriations Limit for the City of Lake Elsinore for FY 2023-24, attached hereto, (Exhibit A) is hereby adopted.

Section 3. The City Clerk shall certify to the adoption of this Resolution and shall cause a certified Resolution to be filed in the office of the City Clerk.

Passed and Adopted on the 11th day of July 2023.
________________________________
Natasha Johnson, Mayor
Attest:
_______________________
Candice Alvarez, City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, CANDICE ALVAREZ, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2023-___ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of July 11, 2023, and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, City Clerk
2022 - 2023 Appropriations Limit: $ 123,526,080
Price/Population Factor for FY 2020-2021: X = 1.0441911 2023-2024 Appropriations Limit: $ 128,984,827
Amount subject to the limit $ 46,864,189
Is the amount subject to the limit below the limit? Yes B
Change in Per
Capita Personal
Income: B
City
Population
Factor:

4.44 -0.02
2022 - 2023 factors
converted to a ratio: 1.0444 0.9998
Appropriations Limit
6/30/2023

CITY OF LAKE ELSINORE

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Barbara Leibold, City Attorney
Date: July 11, 2023
Subject: Attorney Representation Agreement with Atkinson, Andelson, Loya, Rudd & Romo
Recommendation
Approve and authorize the City Manager to execute an agreement with Atkinson, Andelson, Loya, Rudd & Romo to provide special counsel legal services relating to public employment matters on an as-needed basis in substantially the form attached and in such final form as approved by the City Attorney.

Background
The City utilizes special counsel legal services and representation on an as-needed basis to address legal matters relating to collective bargaining, personnel matters, administrative investigations, employment litigation, retirement, labor relations and other public employment matters.

Atkinson, Andelson, Loya, Rudd & Romo (AALRR) is one of the largest law firms representing public agencies in California. Several years ago, AALRR provided special counsel services to the City in pre-litigation matters unrelated to public employment. Under the guidance of Nate Kowalski, AALRR has more recently assisted the City in connection with personnel/public employment matters. AALRR legal services have consistently been provided in a comprehensive, professional and timely basis.

Attorney Representation Agreement

Discussion
Mr. Kowalski is the practice group leader for a team of 20 lawyers that represents cities, counties and special districts in labor and employment matters. In addition to representing cities and other public agencies for more than twenty years, Mr. Kowalski has represented the Judicial Council for over a decade, defending roughly a dozen different Superior Courts in labor and employment litigation. Mr. Kowalski’s expertise, guidance and approach to public employment issues has proven beneficial to the City’s Human Resources Department and the City Attorney who recommend entering into the proposed Attorney Representation Agreement to provide ongoing legal services in labor and personnel matters on an as-needed basis.

Fiscal Impact
Legal services will be billed on an hourly basis in increments of one-tenth hour in accordance with the attached Agreement. Bills will be submitted on a monthly basis. Total amount to be billed will depend entirely on the scope and frequency of requests for services and will be paid from the City’s General Fund.

Attachments
Attachment 1- Agreement
006243.00810
41642621.1

ATTORNEY REPRESENTATION AGREEMENT
I. PARTIES
This Attorney Representation Agreement (“Agreement”) is entered into by and between the law firm of ATKINSON, ANDELSON, LOYA, RUUD & ROMO, a professional corporation, hereinafter referred to as “Attorney” or “the Law Firm” and the City of Lake Elsinore, hereinafter referred to as “Client.”
II. PURPOSE
Client desires to retain and engage the Law Firm to provide legal services and consultation relating to collective bargaining, personnel matters, employment litigation, retirement, labor relations and other related matters as requested by Client. The Law Firm accepts this engagement on the terms and conditions contained in this Agreement.

III. TERMS AND CONDITIONS
A. Fees for Services

1. Hourly Rate Services
Client agrees to pay the Law Firm at the following standard hourly rates:

Partners: $395
Of Counsel: $325
Senior Associates: $295
Associates: $265
Paralegals: $200
It is contemplated that the Law Firm will, and the Law Firm reserves the right to, increase its hourly rates each year effective each January 1 after the execution of this Agreement, unless the Agreement is canceled or this provision is modified in writing.

2. Costs and Expenses
In addition to the fees described above, Client agrees to pay a five percent (5%) “administrative fee” calculated and based on the total monthly billed fees to cover certain operating expenses of the Law Firm incurred in providing services to Client. This administrative fee is in lieu of the Law Firm charging Client for telephone charges ($.07 per minute), incoming and outgoing faxes ($2.00 per page), photocopies ($.20 per page), mailing fees, messenger services, computer database (e.g. Westlaw) searches (billed at vendor’s standard retail rate), word processing ($40.00 per hour), and travel expenses including mileage at IRS rate, parking, meals, and lodging (excluding airfare).
2 006243.00810
41642621.1
Costs relating to fees charged by third parties retained to perform services ancillary to the Law Firm’s representation of Client are not included in the administrative fee and are charged separately. These include, but are not limited to, deposition and court reporter fees, transcript costs, witness fees (including expert witnesses), process server fees, and other similar third party fees.

The Law Firm shall not be obligated to advance costs on behalf of Client; however, for purposes of convenience and in order to expedite matters, the Law Firm reserves the right to advance costs on behalf of Client with Client’s prior approval in the event a particular cost item exceeds $2,000.00 in amount, and without the prior approval of Client in the event a particular cost item totals $2,000.00 or less.

B. Billing Practices

1. A detailed description of the work performed and the costs and expenses advanced by the Law Firm will be prepared on a monthly basis as of the last day of the month and will be mailed to Client on or about the 15th of the following month, unless other arrangements are made. Payment of the full amount due, as reflected on the monthly statement, will be due to the Law Firm from Client within 45 days following delivery of the statement, unless other arrangements are made. In the event that there are funds of Client in the Law Firm’s Trust Account at the time a monthly billing statement is prepared, funds will be transferred from the Law Firm’s Trust Account to the Law Firm’s General Account to the extent of the balance due on the monthly statement and a credit will be reflected on the monthly statement. Any balance of fees or costs advanced remaining unpaid for a period of 30 days will be subject to a 1% per month service charge.

2. Hourly rate services shall be charged to Client at a minimum increment of one-tenth hour, including reasonable travel time. When time spent by Attorney on a particular service exceeds one-tenth hour, the charge will be rounded up to the next one-tenth hour increment.

3. The Law Firm may charge the full hourly rate to more than one client for the same time period. Examples include, but are not limited to: (a) The Law Firm charges Client for telephone advice rendered while Attorney is traveling in connection with a matter for another client; and (b) The Law Firm charges Client for written e-mail advice provided while Attorney is performing labor negotiation services for another client, rendered during a break in those negotiations.

4. Client agrees to review the Law Firm’s monthly statements promptly upon receipt and to notify the Law Firm, in writing, with respect to any disagreement with the monthly statement.

C. Termination of Representation
Client has the right, at any time, and either with or without good cause, to discharge the Law Firm as its attorneys. In the event of such a discharge of the Law Firm by Client, however, any and all unpaid attorneys’ fees and costs owing to the Law Firm by Client shall be immediately due and payable.

The Law Firm reserves the right to discontinue the performance of legal services on behalf of Client on a particular matter upon the occurrence of anyone or more of the following events:
3 006243.00810
41642621.1

1. Upon order of a court of law requiring the Law Firm to discontinue the performance of legal services;

2. Upon a determination by the Law Firm in the exercise of its reasonable and sole discretion, that state or federal legal ethical principles require it to discontinue the performance of legal services;

3. Upon a failure of Client to perform any of Client’s obligations with respect to the payment of the Law Firm’s fees, costs or expenses as reflected on the monthly bill; or,

4. Upon failure to cooperate with the Law Firm as described in paragraph E.

In the event that the Law Firm ceases to perform legal services for Client, Client agrees that it will promptly pay to the Law Firm any and all unpaid fees and costs advanced. Further, Client agrees that, with respect to any litigation where the Law Firm has made an appearance in a court of law on its behalf, Client will promptly execute an appropriate Substitution of Attorney form. Any termination of the Law Firm’s representation on such a matter may be subject to approval by the applicable court of law.

D. Possible Third Party Conflicts
The Law Firm has a number of attorneys. The Law Firm may currently or in the future represent one or more other clients in matters involving Client. The Law Firm undertakes this engagement on the condition that the Law Firm may represent another client in a matter in which the Law Firm does not represent Client, even if the interests of the other client are adverse to those of Client (including appearance on behalf of another client adverse to Client in litigation or arbitration), provided the other matter is not substantially related to the Law Firm’s representation of Client and in the course of representing Client attorneys of the Law Firm have not obtained confidential information of Client material to the representation of the other client (“Permitted Adverse Representation”). Client’s consent to this arrangement is required because of its possible adverse effects on performance of the Law Firm’s duties as attorneys to remain loyal and available to those other clients and to render legal services with vigor and competence. Also, if an attorney does not continue an engagement or must withdraw therefrom, the Client may incur delay, prejudice or additional cost such as acquainting new counsel for the matter. Client agrees not to seek to disqualify the Law Firm from representing such other client in any Permitted Adverse Representation.

E. Client Cooperation
Client understands and agrees that, in order for the Law Firm to represent Client effectively, it is necessary for Client to assist and cooperate with the Law Firm during this engagement. Client agrees to (1) make its employees and officials available to discuss issues as they arise; (2) attend and participate in meetings, preparation sessions and court proceedings, review drafts of documents, and perform other activities in connection with the representation; and (3) provide complete and accurate information and documents to the Law Firm on a timely basis.

Noncooperation will be grounds for the Law Firm’s withdrawal from representing Client on a particular matter. It is essential that Client and the Law Firm maintain open communications. 4 006243.00810
41642621.1
F. Arbitration: Waiver of Jury Trial
The parties agree that all disputes which arise between Client and the Law Firm, whether financial or otherwise regarding the attorney-client relationship, shall be resolved by binding arbitration. Each side shall bear their own costs and attorneys’ fees. The parties agree to waive their right to a jury trial and to an appeal.

G. Protection of Client Confidences - High Tech Communication Devices The Law Firm is aware of its important obligation to preserve the secrets and confidences of its clients which it holds in precious trust for them. To that end, it is important that Client and the Law Firm agree from the outset what kinds of communications technology the Law Firm should employ in the course of representing Client. For example, the exchange of documents and other information using email or other types of electronic communications involves some risk that information will be retrieved by third parties with no right to see it. Even the use of facsimile machines can cause problems if documents are sent to numbers where the documents sit in open view.

Therefore, Client should only provide the Law Firm with cellular numbers, facsimile numbers and email addresses which are acceptable to Client for receiving confidential communications from the Law Firm. Client agrees that the Law Firm may use any of the cellular numbers, facsimile numbers and email addresses other than those which you specify in writing that the Law Firm should not use.

H. Document Retention and Destruction
After a file on a matter is closed, Client has a right to request the Law Firm to return the file to Client. Absent such a request, the Law Firm shall retain the file on Client’s behalf for a period of five (5) years. Following this period of time, the Law Firm will destroy such files.

I. Miscellaneous

1. The Law Firm and Client agree that the Law Firm, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and is not an employee of Client.

2. The Law Firm shall at all times maintain errors and omissions insurance coverage for protection against claims alleging negligent acts, errors or omissions which may arise from AALRR services under this Agreement. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis.

3. The Law Firm agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the negligent performance of this Agreement or its negligent failure to comply with any of its obligations contained in this Agreement, except for any 5 006243.00810
41642621.1
such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.

J. Entire Agreement
This Agreement represents the entire agreement between Client and the Law Firm unless a particular matter is covered by a separate written agreement. By execution of this Agreement, Client certifies that it has carefully reviewed and understands the contents of this Agreement and agrees to be bound by all of its terms and conditions. Furthermore, Client acknowledges that the Law Firm has made no representations or guarantees regarding the outcome, or the time necessary to complete or resolve a particular matter. No change or waiver of any of the provisions of this Agreement will be binding on either Client or the Law Firm unless the change is in writing and signed by both Client and the Law Firm.

IV. DURATION
This Agreement shall commence on July 11, 2023 or such earlier date that Law Firm has provided legal services hereunder at Client’s request. If the Law Firm is not asked by Client to provide advice for a period of one (1) year from the last date the Law Firm provided such advice, both Client and the Law Firm agree that the attorney-client relationship terminated on the last date the Law Firm provided advice without further action or notice by either party. “The Law Firm”

ATKINSON, ANDELSON, LOYA, RUUD & ROMO
Dated: June 26, 2023 By:

Nate J. Kowalski
Partner
“Client”

CITY OF LAKE ELSINORE
Dated: By:

Jason Simpson
City Manager

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Candice Alvarez, MMC, City Clerk
Date: July 11, 2023
Subject: Appointment to the Planning Commission
Recommendation
Appoint Myles Ross to serve on the Lake Elsinore Planning Commission for a partial term expiring December 31, 2024.

Background
Per Lake Elsinore Municipal Code Section 2.24.020, the Planning Commission consists of five members who shall not be officials or employees of the City and shall be at least 18 years of age and legally reside within the City limits of the City of Lake Elsinore. Sections 2.24.030 and

2.24.040 provide that the members of the Commission shall be appointed by the City Council “by district” with one member appointed from each of the five City Council Districts. With some exception, Planning Commission members must reside in the Council District from which they are appointed. Planning Commissioners serve for a term of four years. City Council Policy 200-5A sets forth the process in which applications will be accepted and reviewed.

Additionally, the former District 5 Planning Commission representative, Rendell Klaarenbeek, resigned from the Commission effective June 30, 2023. On May 23, 2023, the City Council extended the term for the position from June 30, 2024 to December 31, 2024.

Discussion
The City Clerk’s Department posted the Notice of Accepting Applications for Consideration of Appointment from May 15, 2023 through June 23, 2023. While there are currently two vacancies on the Planning Commission for Districts 4 and 5, only one application was received by the filing deadline. Since the applicant is a resident of District 5, Council Member Magee confirmed that he would like to appoint the applicant, Myles Ross, to fill the District 5 vacancy through December 31, 2024 which is unexpired balance of the term.

Planning Commission Appointment

Fiscal Impact
There is no fiscal impact associated with this item.

Attachments
Attachment 1 - Application

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: July 11, 2023
Subject: Fiscal Year 2023-24 Special Taxes for Community Facilities Districts and Assessment District No. 2021-1 (Canyon Hills)
Recommendation

1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICTS FOR FISCAL YEAR 2023-24; and

2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2021-1 (CANYON HILLS) FOR FISCAL YEAR 2023-24.

Background
The City is required by the County of Riverside to provide a certified Resolution to the Auditor/Controller's office each year to confirm the special tax and assessment levies within each Community Facilities District (CFD) and Assessment District (AD) for the annual property tax roll.

Discussion
The FY 2023-24 budgets for each CFD and AD are comprised of bond debt service payments, administrative costs, service costs, and/or collection for construction of future facilities. In addition, for those CFDs that have bond debt, the Mello-Roos Act authorizes the increase of the CFD tax up to 10% for projected future delinquencies. In order to make sure funds are available to pay the required bond debt service payment on the bonds, the levy for each CFD with bond debt has been increased based on the anticipated property tax delinquency rate within each respective CFD.

The following table shows the annual levy amount needed for each district to cover district obligations for FY 2023-24.

CFD and AD Levy

CITY OF LAKE ELSINORE

COMMUNITY FACILITIES DISTRICTS

PRELIMINARY SUMMARY OF FIXED CHARGES
FOR FISCAL YEAR 2023-24
District Name Fund No. Parcels
FY 2023-24
Levy
CFD 95-1 Civic Center 68-2372-FC 7 $165,432.48
CFD 98-1 Summerhill 68-2366-FC 421 $1,110,395.20
CFD 2003-1 Svcs Law, Fire, Paramedic 68-2352-FC 7,852 $3,519,652.68 CFD 2003-2 IA A Canyon Hills Imp. A 68-8709-FC 599 $987,139.40 CFD 2003-2 IA B Canyon Hills Imp. B 68-8710-FC 806 $2,003,934.46 CFD 2003-2 IA C Canyon Hills Imp. C 68-8711-FC 440 $856,194.44 CFD 2003-2 IA D Canyon Hills Imp. D 68-8712-FC 655 $1,940,940.32 CFD 2003-2 IA E Canyon Hills Imp. E 68-0053-FC 74 $182,797.26 CFD 2004-3 IA 1 Rosetta Canyon Imp. 1 68-8714-FC 509 $1,745,687.16 CFD 2004-3 IA 2 Rosetta Canyon Imp. 2 68-8715-FC 562 $1,930,801.85 CFD 2005-1 Serenity 68-8701-FC 233 $685,192.96
CFD 2005-2 IA A Alberhill Ranch Imp. A 68-8716-FC 441 $1,629,335.52 CFD 2005-2 Svcs Alberhill Ranch Services 68-8719-FC 567 $195,975.38 CFD 2005-4 Lakeview Villas 68-8703-FC 21 $10,500.00
CFD 2005-5 Wasson Canyon 68-8708-FC 190 $290,200.96
CFD 2005-5 Svcs Wasson Canyon Services 68-8721-FC 190 $65,670.76 CFD 2005-6 City Center Townhomes 68-4400-FC 144 $271,380.60 CFD 2006-1 IA A Summerly Imp. A 68-8722-FC 214 $249,995.92 CFD 2006-1 IA B Summerly Imp. B 68-8723-FC 182 $186,559.48 CFD 2006-1 IA CC Summerly Imp. CC 68-8724-FC 142 $191,439.99 CFD 2006-1 IA EE Summerly Imp. EE 68-8746-FC 181 $299,793.48 CFD 2006-1 IA FF Summerly Imp. FF 68-8747-FC 187 $226,263.74 CFD 2006-1 IA HH Summerly Imp. HH 68-8749-FC 180 $339,442.49 CFD 2006-1 IA II Summerly Imp. II 68-8750-FC 238 $437,905.33 CFD 2006-1 IA JJ Summerly Imp. JJ 68-8745-FC 211 $339,222.64 CFD 2006-1 IA KK Summerly Imp. KK 68-8748-FC 133 $278,515.30 CFD 2006-1 Svcs Summerly Services 68-8725-FC 1,677 $579,604.74 CFD 2006-2 Viscaya 68-8705-FC 168 $532,543.88
CFD 2006-2 Svcs Viscaya Services 68-8726-FC 168 $58,066.78 CFD 2006-3 La Strada 68-8706-FC 128 $10,500.00
CFD 2006-4 Clurman 68-8728-FC 151 $265,293.51
CFD 2006-5 Svcs Parks, Open Space, SD 68-8707-FC 246 $119,591.13 CFD 2006-6 Tessera 68-8730-FC 90 $225,558.72
CFD and AD Levy

CITY OF LAKE ELSINORE

COMMUNITY FACILITIES DISTRICTS

PRELIMINARY SUMMARY OF FIXED CHARGES
FOR FISCAL YEAR 2023-24
District Name Fund No. Parcels
FY 2023-24
Levy
CFD 2006-8 Running Deer Estates 68-8732-FC 57 $138,589.74 CFD 2006-8 Svcs Running Deer Estates Services 68-8731-FC 57 $66,687.72 CFD 2007-1 Svcs Law, Fire, Paramedic 68-8738-FC 154 $119,641.02 CFD 2007-4 Makenna Court 68-8739-FC 81 $189,909.77
CFD 2007-4 Svcs Makenna Court Services 68-8740-FC 81 $30,297.24 CFD 2007-5 Red Kite 68-8741-FC 46 $134,592.00
CFD 2007-5 Svcs Red Kite Services 68-8742-FC 46 $15,898.52 CFD 2007-6 Holiday Inn Express 68-8743-FC 1 $6,729.54
CFD 2009-1 Svcs Parks, OS, St. Lt. 68-8744-FC 1,846 $789,782.53 CFD 2015-1 Svcs Safety Services 68-8781-FC 832 $754,008.32 CFD 2015-2 Svcs Zone 1 68-8776-FC 1 $467.82
CFD 2015-2 Svcs Zone 2 68-8777-FC 74 $32,771.64
CFD 2015-2 Svcs Zone 3 68-0054-FC 8 $10,532.34
CFD 2015-2 Svcs Zone 4 68-0055-FC 9 $27,108.12
CFD 2015-2 Svcs Zone 5 68-0146-FC 41 $18,882.14
CFD 2015-2 Svcs Zone 6 68-0190-FC 1 $6,228.28
CFD 2015-2 Svcs Zone 7 68-0191-FC 163 $69,333.68
CFD 2015-2 Svcs Zone 8 68-0201-FC 8 $16,364.50
CFD 2015-2 Svcs Zone 9 68-0252-FC 74 $85,529.20
CFD 2015-2 Svcs Zone 11 68-0328-FC 151 $97,337.62
CFD 2015-2 Svcs Zone 12 68-0329-FC 90 $30,443.40
CFD 2015-2 Svcs Zone 13 68-0330-FC 1 $7,985.72
CFD 2015-2 Svcs Zone 16 68-0392-FC 6 $7,867.14
CFD 2015-2 Svcs Zone 17 68-0393-FC 60 $25,266.00
CFD 2015-2 Svcs Zone 18 68-0394-FC 1 $2,139.84
CFD 2015-2 Svcs Zone 19 68-0395-FC 3 $5,698.62
CFD 2015-4 Terracina 68-8779-FC 8 $10,500.00
CFD 2015-5 Trieste 68-8780-FC 75 $168,139.06
CFD 2016-2 Canyon Hills 68-0143-FC 516 $1,324,289.69
CFD 2017-1 Svcs Mission Trail Services 68-0144-FC 1 $9,907.94 CFD 2018-1 Wasson Canyon II 68-0145-FC 20 $10,500.00
CFD 2019-1 Westlake 68-0192-FC 163 $377,028.19
CFD 2019-2 Nichols Ranch 68-0254-FC 74 $206,767.02
CFD 2021-1 IA 1 Tuscany/Valley Crest 68-0333-FC 11 $10,500.00 CFD and AD Levy

CITY OF LAKE ELSINORE

COMMUNITY FACILITIES DISTRICTS

PRELIMINARY SUMMARY OF FIXED CHARGES
FOR FISCAL YEAR 2023-24
District Name Fund No. Parcels
FY 2023-24
Levy
CFD 2021-1 IA 2 Tuscany/Valley Crest 68-0334-FC 4 $10,500.00 CFD 2022-1 Alberhill Ranch 68-XXXX-FC 344 $10,500.00
CFD 2022-2 Lakeshore 68-XXXX-FC 2 $10,500.00
CFD 2023-1 Lakeside 68-XXXX-FC 3 $10,500.00
Total $26,781,253.61
For CFD 2005-4, CFD 2006-3, CFD 2015-4, CFD 2018-1, CFD 2021-1 IA 1, CFD 2021-1 IA 2, CFD 2022-1, CFD 2022-2, and CFD 2023-1 only administrative costs are being levied.

The table below shows the annual levy amount needed for the Reassessment District 2021-1 to cover district obligations for FY 2023-24.

District Name Fund No. Parcels
FY 2023-24
Levy
RAD 2021-1 Canyon Hills 68-2369-FC 3,473 $1,999,427.08

Fiscal Impact
There is no fiscal impact directly associated with this item. The County of Riverside requires the resolutions as confirmation for the special tax amounts so there is a paperwork trail for them. The special taxes have already been established by Ordinance to ensure the authority for assessment and collection as required by the investors and bondholders for the CFD and AD bond proceeds.

The City charges administrative fees and an amount sufficient to cover direct costs as well as the required bond debt service principal and interest payments, as required by the bond indentures to the various special districts.

Attachments
Attachment 1- CFDs Resolution
Attachment 2 – AD Resolution
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF SPECIAL

TAXES WITHIN COMMUNITY FACILITIES DISTRICTS FOR FISCAL YEAR 2023-24
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore, California (the "City"), has heretofore instituted and conducted proceedings under the terms and provisions of the Mello-Roos Community Facilities Act of 1982 (the "Act"), being Chapter 25 of the State of California Government Code for the acquisition and construction of certain public works of improvements, together with appurtenances and appurtenant work, and to finance a portion of the costs of providing services, as applicable, in special tax districts designated as COMMUNITY FACILITIES DISTRICT NO. 95-1
(LAKE ELSINORE CITY CENTER PUBLIC IMPROVEMENTS)
COMMUNITY FACILITIES DISTRICT NO. 98-1
(SUMMERHILL PUBLIC IMPROVEMENTS)
COMMUNITY FACILITIES DISTRICT NO. 2003-1
(LAW ENFORCEMENT, FIRE, AND PARAMEDIC SERVICES)
COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON HILLS) COMMUNITY FACILITIES DISTRICT NO. 2004-3 (ROSETTA CANYON) COMMUNITY FACILITIES DISTRICT NO. 2005-1 (SERENITY)
COMMUNITYFACILITIES DISTRICT NO. 2005-2 (ALBERHILL RANCH) COMMUNITY FACILITIES DISTRICT NO. 2005-4 (LAKEVIEW VILLAS) COMMUNITY FACILITIES DISTRICT NO. 2005-5 (WASSON CANYON) COMMUNITY FACILITIES DISTRICT NO. 2005-6
(CITY CENTER TOWNHOMES)
COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY)
COMMUNITY FACILITIES DISTRICT NO. 2006-2 (VISCAYA)
COMMUNITY FACILITIES DISTRICT NO. 2006-3 (LA STRADA)
COMMUNITY FACILITIES DISTRICT NO. 2006-4 (TRACTS 30698 & 32129) COMMUNITY FACILITIES DISTRICT NO. 2006-5
(PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE)
COMMUNITITY FACILITIES DISTRICT NO. 2006-6 (TESSERA)
COMMUNITY FACILITIES DISTRICT NO. 2006-8 (RUNNING DEER ESTATES) COMMUNITY FACILITIES DISTRICT NO. 2007-1
(LAW ENFORCEMENT, FIRE, AND PARAMEDIC SERVICES)
COMMUNITY FACILITIES DISTRICT NO. 2007-4 (MAKENNA COURT) COMMUNITY FACILITIES DISTRICT NO. 2007-5 (RED KITE)
COMMUNITY FACILITIES DISTRICT NO. 2007-6
CC Reso. No. 2023-

(HOLIDAY INN EXPRESS)
COMMUNITY FACILITIES DISTRICT NO. 2009-1
(PARKS, OPEN SPACE AND STREET LIGHTING MAINTENANCE)
COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES) COMMUNITY FACILITIES DISTRICT NO. 2015-2
(ZONE 1 MAINTENANCE SERVICES)
COMMUNITY FACILITIES DISTRICT NO. 2015-2
(ZONE 2 MAINTENANCE SERVICES)
COMMUNITY FACILITIES DISTRICT NO. 2015-2
(ZONE 3 MAINTENANCE SERVICES)
COMMUNITY FACILITIES DISTRICT NO. 2015-2
(ZONE 4 MAINTENANCE SERVICES)
COMMUNITY FACILITIES DISTRICT NO. 2015-2
(ZONE 5 MAINTENANCE SERVICES)
COMMUNITY FACILITIES DISTRICT NO. 2015-2
(ZONE 6 MAINTENANCE SERVICES)
COMMUNITY FACILITIES DISTRICT NO. 2015-2
(ZONE 7 MAINTENANCE SERVICES)
COMMUNITY FACILITIES DISTRICT NO. 2015-2
(ZONE 8 MAINTENANCE SERVICES)
COMMUNITY FACILITIES DISTRICT NO. 2015-2
(ZONE 9 MAINTENANCE SERVICES)
COMMUNITY FACILITIES DISTRICT NO. 2015-2
(ZONE 11 MAINTENANCE SERVICES)
COMMUNITY FACILITIES DISTRICT NO. 2015-2
(ZONE 12 MAINTENANCE SERVICES)
COMMUNITY FACILITIES DISTRICT NO. 2015-2
(ZONE 13 MAINTENANCE SERVICES)
COMMUNITY FACILITIES DISTRICT NO. 2015-2
(ZONE 16 MAINTENANCE SERVICES)
COMMUNITY FACILITIES DISTRICT NO. 2015-2
(ZONE 17 MAINTENANCE SERVICES)
COMMUNITY FACILITIES DISTRICT NO. 2015-2
(ZONE 18 MAINTENANCE SERVICES)
COMMUNITY FACILITIES DISTRICT NO. 2015-2
(ZONE 19 MAINTENANCE SERVICES)
COMMUNITY FACILITIES DISTRICT NO. 2015-4 (TERRACINA)
COMMUNITY FACILITIES DISTRICT NO. 2015-5 (TRIESTE)
COMMUNITY FACILITIES DISTRICT NO. 2016-2 (CANYON HILLS) COMMUNITY FACILITIES DISTRICT NO. 2017-1(MISSION TRAIL SERVICES) CC Reso. No. 2023-

COMMUNITY FACILITIES DISTRICT NO. 2018-1 (WASSON CANYON II) COMMUNITY FACILITIES DISTRICT NO. 2019-1 (WESTLAKE)
COMMUNITY FACILITIES DISTRICT NO. 2019-2 (NICHOLS RANCH) COMMUNITY FACILITIES DISTRICT NO. 2021-1 (TUSCANY VALLEY/CREST) COMMUNITY FACILITIES DISTRICT NO. 2022-1 (ALBERHILL RANCH) COMMUNITY FACILITIES DISTRICT NO. 2022-2 (LAKESHORE)
COMMUNITY FACILITIES DISTRICT NO. 2023-1 (LAKESIDE)
(herein after referred to as the “CFD”); and
WHEREAS, Resolution No. 95-68 adopted the "Resolution of Intention" on October 10, 1995, Resolution No. 95-78 entitled "A Resolution of Special Election and Directing Recording of Notice of Special Tax Lien", adopted November 14, 1995; and Ordinance No.1006 entitled "An Ordinance of the City Council of the City of Lake Elsinore Levying Special Taxes Within the City of Lake Elsinore Community Facilities District No. 95-1 (LAKE ELSINORE CITY CENTER PUBLIC IMPROVEMENTS)", adopted November 28, 1995; and
WHEREAS, Resolution No. 98-7 adopted the "Resolution of Intention" on June 9, 1998; and Resolution No. 98-15 entitled "Resolution of Formation Determining the Validity of Prior Proceedings, Establishing Community Facilities District No. 98-1, Authorizing the Levy of a Special Tax Within Community Facilities District No. 98-1, and establishing an Appropriations Limit", adopted June 23, 1998; and
WHEREAS, Resolution No. 2003-21 adopted the "Resolution of Intention" on June 24, 2003; Resolution No. 2003-37 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2003-1 (LAW ENFORCEMENT, FIRE, AND PARAMEDIC SERVICES), and Authorizing the Levy of a Special Tax Within said District", adopted August 12, 2003; and
WHEREAS, Resolution No. 2003-50 adopted the "Resolution of Intention" on October 14, 2003; Resolution No. 2004-6 entitled "Resolution of Formation Determining the Validity of Prior Proceedings, and Establishing City of Lake Elsinore Community Facilities District No. 2003-2 (Canyon Hills)", adopted January 13, 2004, and Ordinance No. 1114 entitled "Ordinance of the City of Lake Elsinore Authorizing the levy of a public safety special tax and a special tax" adopted January 13, 2004, Authorizing the Levy of a Special Tax Within Community Facilities District No. 2003-2 (CANYON HILLS), and establishing an Appropriations Limit", adopted June 23, 1998; and WHEREAS, Resolution No. 2004-77 adopted the "Resolution of Intention" on December 28, 2004; Resolution No. 2004-38 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2004-3 (ROSETTA CANYON)" adopted March 22, 2005, and Ordinance No.1148, Authorizing the Levy of a Special Tax adopted March 22, 2005; and CC Reso. No. 2023-

WHEREAS, Resolution No. 2004-70 adopted the "Resolution of Intention", on December 14, 2004; Resolution No. 2005-10 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2005-1 (SERENITY)", adopted January 25, 2005, and Ordinance No. 1139, Authorizing the Levy of a Special Tax, adopted January 25, 2005; and WHEREAS, Resolution No. 2005-62 adopted the "Resolution of Intention" on July 12, 2005; Resolution No. 2005-138 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2005-2 (ALBERHILL RANCH)" adopted September 13, 2005, and Ordinance No.1163, Authorizing the Levy of a Special Tax adopted September 13, 2005; and WHEREAS, Resolution No. 2005-64 adopted the "Resolution of Intention" was adopted on July 12, 2005; Resolution No. 2005-121 "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2005-4 (LAKEVIEW VILLAS)" adopted August 23, 2005, and Ordinance No.1159, Authorizing the Levy of a Special Tax adopted August 23, 2005; and
WHEREAS, Resolution No. 2005-54 adopted the "Resolution of Intention" on June 28, 2005; Resolution No. 2005-104 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2005-5 (WASSON CANYON)" adopted August 9, 2005, and Ordinance No.1156, Authorizing the Levy of a Special Tax adopted August 23, 2005; and WHEREAS, Resolution No. 2005-76 adopted the "Resolution of Intention" on July 26, 2005; Resolution No. 2005-141 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2005-6 (CITY CENTER TOWNHOMES)" adopted September 13, 2005, and Ordinance No.1164, Authorizing the Levy of a Special Tax adopted September 13, 2005; and
WHEREAS, Resolution No. 2006-08 adopted the "Resolution of Intention" on January 24, 2006; Resolution No. 2006-30 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2006-1 (SUMMERLY)" adopted February 28, 2006, and Ordinance No.1171, Authorizing the Levy of a Special Tax adopted February 28, 2006; and WHEREAS, Resolution No. 2006-20 adopted the "Resolution of Intention" on February 9, 2006; Resolution No. 2006-52 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2006-2 (VISCAYA)" adopted April 25, 2006, and Ordinance No. 1177, Authorizing the Levy of a Special Tax adopted April 25, 2006; and WHEREAS, Resolution No. 2006-10 adopted the "Resolution of Intention" on January 24, 2006; City Resolution No. 2006-79 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2006-3 (LA STRADA)" adopted June 13, 2006, and Ordinance No.1182, Authorizing the Levy of a Special Tax adopted June 13, 2006; and CC Reso. No. 2023-

WHEREAS, Resolution No. 2006-76 adopted the "Resolution of Intention" on June 13, 2006; Resolution No. 2006-117 adopted the "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2006-4 (TRACTS 30698 & 32129)" adopted on July 26, 2006 and Ordinance No. 1185 Authorizing the Levy of a Special Tax adopted on August 8, 2006; and
WHEREAS, Resolution No. 2006-41 adopted the "Resolution of Intention" on March 28, 2006; Resolution No. 2006-56 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE)", adopted May 9, 2006, and Ordinance No. 1179, Authorizing the Levy of a Special Tax, adopted May 9, 2006; and
WHEREAS, Resolution No. 2006-95 adopted the "Resolution of Intention" on June 27, 2006; Resolution No. 2006-133 entitled "Resolution of Formation Determining the Validity of Prior Proceedings, and Establishing City of Lake Elsinore Community Facilities District No. 2006-6 (TESSERA)" adopted on August 8, 2006, and Ordinance No. 1189 entitled "Ordinance of the City of Lake Elsinore Authorizing the levy of a public safety special tax and a special tax", Authorizing the Levy of a Special Tax Within Community Facilities District No. 2006-6 (TESSERA), and establishing an Appropriations Limit", adopted August 8, 2006; and WHEREAS, Resolution No. 2006-168 adopted the "Resolution of Intention" on October 10, 2006; Resolution No. 2006-195 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2006-8 (RUNNING DEER ESTATES)", adopted November 28, 2006, Ordinance No. 1203; Authorizing the Levy of a Special Tax adopted November 28, 2006; and
WHEREAS, Resolution No. 2007-75 adopted the "Resolution of Intention" on May 22, 2007; Resolution No. 2007-113 entitled "Resolution of Formation Determining the Validity of Prior Proceedings, and Establishing City of Lake Elsinore Community Facilities District No. 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)" adopted on May 22, 2007, and Ordinance No. 1227 entitled "Ordinance of the City of Lake Elsinore Authorizing the levy of a public safety special tax and a special tax", Authorizing the Levy of a Special Tax Within Community Facilities District No. 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) adopted on July 10, 2007; and
WHEREAS, in Resolution No. 2007-156 adopted the "Resolution of Intention" on August 28, 2007; Resolution No. 2007-177 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2007-4 (MAKENNA COURT)" adopted October 9, 2007, and Ordinance No. 1232, Authorizing the Levy of a Special Tax adopted October 9, 2007; and
WHEREAS, Resolution No. 2007-198 adopted the "Resolution of Intention" on November 27, 2007; Resolution No. 2008-11 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2007-5 (RED KITE)" adopted January 8, 2008, and Ordinance No. 1242, Authorizing the Levy of a Special Tax adopted January 8, 2008; and CC Reso. No. 2023-

WHEREAS, Resolution No. 2007-205 adopted the "Resolution of Intention" on December 11, 2007; Resolution No. 2008-17 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2007- 6 (HOLIDAY INN EXPRESS)" adopted January 22, 2008, and Ordinance No. 1244, Authorizing the Levy of a Special Tax adopted January 22, 2008; and
WHEREAS, Resolution No. 2010-001 adopted the "Resolution of Intention" on January 12, 2010; Resolution No. 2010-007 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2009-1 (PARKS, OPEN SPACE AND STREET LIGHTING MAINTENANCE)" adopted February 23, 2010, and Ordinance No. 2010- 1273, Authorizing the Levy of a Special Tax adopted February 23, 2010; and WHEREAS, Resolution No. 2016-022 adopted the "Resolution of Intention" on March 8, 2016; Resolution No. 2016-035 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2015-1 (SAFETY SERVICES)" adopted April 12, 2016, and Ordinance No. 2016-1359, Authorizing the Levy of a Special Tax adopted April 26, 2016; and
WHEREAS, Resolution No. 2015-066 adopted the "Resolution of Intention" on July 28, 2015; Resolution No. 2016-058 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2015-2 (ZONE 1 MAINTENANCE SERVICES)" adopted April 26, 2016, and Ordinance No. 2016-1359, Authorizing the Levy of a Special Tax adopted May 10, 2016; and
WHEREAS, Resolution No. 2016-020 adopted the "Resolution of Intention" on March 8, 2016; Resolution No. 2016-031 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2015-2 (ZONE 2 MAINTENANCE SERVICES)" adopted April 12, 2016, and Ordinance No. 2016-1359, Authorizing the Levy of a Special Tax adopted May 10, 2016; and
WHEREAS, Resolution No. 2016-114 adopted the "Resolution of Intention" on October 11, 2016; Resolution No. 2016-130 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2015-2 (ZONE 3 MAINTENANCE SERVICES)" adopted November 15, 2016, and Ordinance No. 2016-1359, Authorizing the Levy of a Special Tax adopted May 10, 2016; and
WHEREAS, Resolution No. 2017-031 adopted the "Resolution of Intention" on February 28, 2017; Resolution No. 2017-052 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2015-2 (ZONE 4 MAINTENANCE SERVICES)" adopted April 11, 2017, and Ordinance No. 2016-1359, Authorizing the Levy of a Special Tax adopted May 10, 2016; and
CC Reso. No. 2023-

WHEREAS, Resolution No. 2017-083 adopted the "Resolution of Intention" on June 27, 2017; Resolution No. 2017-100 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2015-2 (ZONE 5 MAINTENANCE SERVICES)" adopted August 8, 2017, and Ordinance No. 2016-1359, Authorizing the Levy of a Special Tax adopted May 10, 2016; and
WHEREAS, Resolution No. 2017-108 adopted the "Resolution of Intention" on September 26, 2017; Resolution No. 2017-125 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2015-2 (ZONE 6 MAINTENANCE SERVICES)" adopted November 14, 2017, and Ordinance No. 2016-1359, Authorizing the Levy of a Special Tax adopted May 10, 2016; and
WHEREAS, Resolution No. 2019-057 adopted the "Resolution of Intention" on June 25, 2019; Resolution No. 2019-075 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2015-2 (ZONE 7 MAINTENANCE SERVICES)" adopted August 13, 2019, and Ordinance No. 2016-1359, Authorizing the Levy of a Special Tax adopted May 10, 2016; and
WHEREAS, Resolution No. 2018-132 adopted the "Resolution of Intention" on October 23, 2018; Resolution No. 2018-142 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2015-2 (ZONE 8 MAINTENANCE SERVICES)" adopted November 27, 2018, and Ordinance No. 2016-1359, Authorizing the Levy of a Special Tax adopted May 10, 2016; and
WHEREAS, Resolution No. 2019-086 adopted the "Resolution of Intention" on October 22, 2019; Resolution No. 2019-100 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2015-2 (ZONE 9 MAINTENANCE SERVICES)" adopted December 10, 2019, and Ordinance No. 2016-1359, Authorizing the Levy of a Special Tax adopted January 28, 2020; and
WHEREAS, Resolution No. 2020-38 adopted the "Resolution of Intention" on May 12, 2020; Resolution No. 2020-63 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2015-2 (ZONE 11 MAINTENANCE SERVICES)" adopted June 23, 2020 and Ordinance No. 2020-1431, Authorizing the Levy of a Special Tax adopted June 14, 2020; and
WHEREAS, Resolution No. 2020-97 adopted the "Resolution of Intention" on December 8, 2020; Resolution No. 2021-9 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2015-2 (ZONE 12 MAINTENANCE SERVICES)" adopted January 12, 2021, and Ordinance No. 2021-1443, Authorizing the Levy of a Special Tax adopted January 26, 2021; and
CC Reso. No. 2023-

WHEREAS, Resolution No. 2020-98 adopted the "Resolution of Intention" on December 8, 2020; Resolution No. 2021-11 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2015-2 (ZONE 13 MAINTENANCE SERVICES)" adopted January 12, 2021, and Ordinance No. 2021-1444, Authorizing the Levy of a Special Tax adopted January 26, 2021; and
WHEREAS, Resolution No. 2021-70 adopted the "Resolution of Intention" on June 8, 2021; Resolution No. 2021-91 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2015-2 (ZONE 16 MAINTENANCE SERVICES)" adopted July 13, 2021, and Ordinance No. 2021-1458, Authorizing the Levy of a Special Tax adopted July 27, 2021; and
WHEREAS, Resolution No. 2021-86 adopted the "Resolution of Intention" on July 13, 2021; Resolution No. 2021-109 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2015-2 (ZONE 17 MAINTENANCE SERVICES)" adopted August 24, 2021, and Ordinance No. 2021-1459, Authorizing the Levy of a Special Tax adopted September 14, 2021; and
WHEREAS, Resolution No. 2021-87 adopted the "Resolution of Intention" on July 13, 2021; Resolution No. 2021-111 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2015-2 (ZONE 18 MAINTENANCE SERVICES)" adopted August 24, 2021, and Ordinance No. 2021-1460, Authorizing the Levy of a Special Tax adopted September 14, 2021; and
WHEREAS, Resolution No. 2021-105 adopted the "Resolution of Intention" on August 24, 2021; Resolution No. 2021-121 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2015-2 (ZONE 19 MAINTENANCE SERVICES)" adopted September 28, 2021, and Ordinance No. 2021-1462, Authorizing the Levy of a Special Tax adopted October 12, 2021; and
WHEREAS, Resolution No. 2016-023 adopted the "Resolution of Intention" on March 8, 2016; Resolution No. 2016-037 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2015-4 (TERRACINA) adopted April 12, 2016, and Ordinance No. 2016-1357, Authorizing the Levy of a Special Tax adopted April 26, 2016; and WHEREAS, Resolution No. 2016-067 adopted the "Resolution of Intention" on June 14, 2016; Resolution No. 2016-091 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2015-5 (TRIESTE)" adopted July 26, 2016, and Ordinance No. 2016-1362, Authorizing the Levy of a Special Tax adopted August 9, 2016; and CC Reso. No. 2023-

WHEREAS, Resolution No. 2016-120 adopted the "Resolution of Intention" on October 25, 2016; Resolution No. 2016-143 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2016-2 (CANYON HILLS)" adopted December 13, 2016, and Ordinance No. 2017-1366, Authorizing the Levy of a Special Tax adopted January 10, 2017; and
WHEREAS, Resolution No. 2017-111 adopted the "Resolution of Intention" on September 26, 2017; Resolution No. 2017-122 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2017-1 (MISSION TRAIL SERVICES)" adopted November 14, 2017, Authorizing the Levy of a Special Tax; and WHEREAS, Resolution No. 2018-032 adopted the "Resolution of Intention" on February 13, 2018; Resolution No. 2018-056 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2018-1 (WASSON CANYON II)" adopted March 27, 2018, and Ordinance No. 2018-1389, Authorizing the Levy of a Special Tax adopted April 10, 2018; and
WHEREAS, Resolution No. 2019-058 adopted the "Resolution of Intention" on June 25, 2019; Resolution No. 2019-076 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2019-1 (WESTLAKE)" adopted August 13, 2019, and Ordinance No. 2019-1416, Authorizing the Levy of a Special Tax adopted August 27, 2019; and
WHEREAS, Resolution No. 2019-083 adopted the "Resolution of Intention" on October 22, 2019; Resolution No. 2019-095 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2019-2 (NICHOLS RANCH)" adopted December 10, 2019, and Ordinance No. 2020-1420, Authorizing the Levy of a Special Tax adopted January 28, 2020; and
WHEREAS, Resolution No. 2021-25 adopted the "Resolution of Intention" on March 23, 2021; Resolution No. 2022-10 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2021-1 (TUSCANY RANCH/CREST)" adopted January 25, 2022, and Ordinance No. 2022-1466, Authorizing the Levy of a Special Tax adopted February 8, 2022; and
WHEREAS, Resolution No. 2022-28 adopted the "Resolution of Intention" on March 22, 2022; Resolution No. 2022-37 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2022-1 (ALBERHILL RANCH)" adopted April 26, 2022, and Ordinance No. 2022-1471, Authorizing the Levy of a Special Tax adopted May 10, 2022; and
CC Reso. No. 2023-

WHEREAS, Resolution No. 2022-73 adopted the "Resolution of Intention" on July 12, 2022; Resolution No. 2022-88 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2022-2 (LAKESHORE)" adopted August 23, 2022, and Ordinance No. 2022-1475, Authorizing the Levy of a Special Tax adopted September 13, 2022; and
WHEREAS, Resolution No. 2023-7 adopted the "Resolution of Intention" on February 14, 2023; Resolution No. 2023-31 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2023-1 (LAKESIDE)" adopted March 28, 2023, and Ordinance No. 2023-1483, Authorizing the Levy of a Special Tax adopted April 11, 2023; and WHEREAS, all special taxes in the CFD were levied without regard to property valuation.

NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as follows:

SECTION 1. That the portion of the principal, interest and other costs related to the CFD due or coming due through June 30, 2024 be placed on the County Tax Rolls and be collected by the Riverside County Tax Collector, as provided for in Exhibit "A" (a summary of fixed charges).

SECTION 2. That the properties to be so assessed and the related amounts are submitted via File Transfer Protocol (FTP) as requested by the Riverside County Tax Collector, further identified as County Fund Nos.:

Fund No. CFD No.
68-2372-FC CFD 95-1
68-2366-FC CFD 98-1
68-2352-FC CFD 2003-1 Svcs
68-8709-FC CFD 2003-2 IA A
68-8710-FC CFD 2003-2 IA B
68-8711-FC CFD 2003-2 IA C
68-8712-FC CFD 2003-2 IA D
68-0053-FC CFD 2003-2 IA E
68-8714-FC CFD 2004-3 IA 1
68-8715-FC CFD 2004-3 IA 2
68-8701-FC CFD 2005-1
68-8716-FC CFD 2005-2 IA A
68-8719-FC CFD 2005-2 Svcs
68-8703-FC CFD 2005-4
68-8708-FC CFD 2005-5
68-8721-FC CFD 2005-5 Svcs
68-4400-FC CFD 2005-6
68-8722-FC CFD 2006-1 IA A
68-8723-FC CFD 2006-1 IA B
68-8724-FC CFD 2006-1 IA CC
68-8746-FC CFD 2006-1 IA EE
CC Reso. No. 2023-

Fund No. CFD No.
68-8747-FC CFD 2006-1 IA FF
68-8749-FC CFD 2006-1 IA HH
68-8750-FC CFD 2006-1 IA II
68-8745-FC CFD 2006-1 IA JJ
68-8748-FC CFD 2006-1 IA KK
68-8725-FC CFD 2006-1 Svcs
68-8705-FC CFD 2006-2
68-8726-FC CFD 2006-2 Svcs
68-8706-FC CFD 2006-3
68-8728-FC CFD 2006-4
68-8707-FC CFD 2006-5 Svcs
68-8730-FC CFD 2006-6
68-8732-FC CFD 2006-8
68-8731-FC CFD 2006-8 Svcs
68-8738-FC CFD 2007-1 Svcs
68-8739-FC CFD 2007-4
68-8740-FC CFD 2007-4 Svcs
68-8741-FC CFD 2007-5
68-8742-FC CFD 2007-5 Svcs
68-8743-FC CFD 2007-6
68-8744-FC CFD 2009-1 Svcs
68-8781-FC CFD 2015-1 Svcs
68-8776-FC CFD 2015-2 Svcs Tax Zone 1
68-8777-FC CFD 2015-2 Svcs Tax Zone 2
68-0054-FC CFD 2015-2 Svcs Tax Zone 3
68-0055-FC CFD 2015-2 Svcs Tax Zone 4
68-0146-FC CFD 2015-2 Svcs Tax Zone 5
68-0190-FC CFD 2015-2 Svcs Tax Zone 6
68-0191-FC CFD 2015-2 Svcs Tax Zone 7
68-0201-FC CFD 2015-2 Svcs Tax Zone 8
68-0252-FC CFD 2015-2 Svcs Tax Zone 9
68-0328-FC CFD 2015-2 Svcs Tax Zone 11
68-0329-FC CFD 2015-2 Svcs Tax Zone 12
68-0330-FC CFD 2015-2 Svcs Tax Zone 13
68-0392-FC CFD 2015-2 Svcs Tax Zone 16
68-0393-FC CFD 2015-2 Svcs Tax Zone 17
68-0394-FC CFD 2015-2 Svcs Tax Zone 18
68-0395-FC CFD 2015-2 Svcs Tax Zone 19
68-8779-FC CFD 2015-4
68-8780-FC CFD 2015-5
68-0143-FC CFD 2016-2
68-0144-FC CFD 2017-1 Svcs
68-0145-FC CFD 2018-1
68-0192-FC CFD 2019-1
CC Reso. No. 2023-

Fund No. CFD No.
68-0254-FC CFD 2019-2
68-0333-FC CFD 2021-1 IA 1
68-0334-FC CFD 2021-1 IA 2
68-0396-FC CFD 2022-1
68-0397-FC CFD 2022-2
68-0518-FC CFD 2023-1
SECTION 3. This resolution shall take effect from and after the date of its passage and adoption.

Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 11th day of July 2023.

Natasha Johnson
Mayor
Attest:

Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2023-___ was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of July 11, 2023 and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk
RESOLUTION NO. 2023-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, ORDERING THE LEVY AND

COLLECTION OF ASSESSMENTS WITHIN REASSESSMENT
DISTRICT NO. 2021-1 (CANYON HILLS) FOR FISCAL YEAR
2023-24
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore, California (the "City"), has heretofore instituted and conducted proceedings under the terms and provisions of the Improvement Bond Act of 1913 (the "Act"), being Division 10 and 12 of the State of California Streets and Highways Code, respectively, for the construction of certain public works of improvements, together with appurtenances and appurtenant work in assessment districts designated as:

REASSESSMENT DISTRICT NO. 2021-1
(CANYON HILLS)
(herein after referred to as the “Reassessment District”); and WHEREAS, all assessments in the Reassessment District were levied without regard to property valuation.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That the portion of the principal, interest and other costs related to the Reassessment District due or coming due through June 30, 2024, be placed on the County Tax Rolls and be collected by the Riverside County Tax Collector, as provided for in Exhibit "A" (a summary of fixed charges).

SECTION 2. That the properties to be so assessed and the related amounts are submitted via File Transfer Protocol (FTP) as requested by the Riverside County Tax Collector, further identified as County Fund Nos.:

Fund No. District No.
68-2369-FC RAD 2021-1
SECTION 3. This resolution shall take effect from and after the date of its passage and adoption.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 11th day of July 2023.

Natasha Johnson, Mayor
ATTEST:

Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2023- __ was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 11th of July 2023, and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk

CITY OF LAKE ELSINORE
EXHIBIT "A"

REASSESSMENT DISTRICT

SUMMARY OF FIXED CHARGES
FISCAL YEAR 2023-24
District
County
Fund
Number
Total
Parcels
FY 2023-24
Preliminary
Levy
RAD 2021-1 68-2369-FC 3,473 $1,999,427.08

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Brendan Rafferty, Assistant Administrative Services Director Date: July 11, 2023
Subject: Community Development Block Grant (CDBG) Joint Recipient Cooperative Agreement for Federal Fiscal Years 2024, 2025, and 2026 Recommendation

1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE COUNTY OF RIVERSIDE’S URBAN COUNTY PROGRAM FOR FISCAL YEARS 2024, 2025, AND 2026; and

2. Approve and authorize the Mayor to execute the revised Joint Recipient Cooperation Agreement with the County of Riverside, allowing the City to participate in the Urban County Consolidated Planning Programs.

Background
On October 27, 2020, the City executed a Joint Recipient Cooperation Agreement with the County of Riverside, allowing the City to participate in the Urban County Community Development Block Grant program for Fiscal Years 2021-2022, 2022-2023, and 2023-2024.

On June 19, 2023, the County of Riverside Housing, Homeless Prevention & Workforce Solutions (“County”) provided the City copies of the attached Joint Recipient Cooperation Agreement for the Community Development Block Grant for Fiscal Years 2024-2025, 2025-2026, and 2026- 2027 for the Mayor’s signature.

Discussion
Under the current Joint Recipient Cooperation Agreement, the City was awarded $550,338 in FY 2022-23. From this total, the County retains thirteen percent (13%) for the administration of the Urban County program. On behalf of the City, the County’s duties include, but are not limited to:
· Review all funding applications for HUD eligibility.
· Carry out all administration work between HUD, applicants, and City for approved projects. · Update and inform cities of all HUD rules and regulations. 2024-25 CDBG Joint Recipient Cooperative Agreement

· Drafts and submits all required on (1) year and five (5) year reporting to HUD. · Handle and administer the Integrated Disbursement and Information System (IDIS) that HUD requires and utilizes.

Execution of the attached Joint Recipient Cooperation Agreement ensures the City’s continued participation in the CDBG program for Federal Fiscal Years 2024, 2025, and 2026.

Fiscal Impact
Although the funding levels that HUD will award for Federal Fiscal Years 2024, 2025, and 2026 are unknown at this time, execution of this agreement guarantees that the City will be entitled to continued CDBG Program resources allocated by HUD and administered by the County as a Joint Recipient Cooperation Agreement (Metropolitan City). Participation in the Metropolitan City agreement with the County allows the City to enjoy the benefits of an Entitlement City without having to deal with the cumbersome requirements imposed by HUD.

Attachments
Attachment 1 - Resolution
Attachment 2 - Joint Recipient Cooperation Agreement
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, AUTHORIZING PARTICIPATION IN THE COUNTY OF
RIVERSIDE’S URBAN COUNTY PROGRAM FOR FISCAL YEARS 2024, 2025, AND 2026
WHEREAS, the City of Lake Elsinore has elected to participate as a Metropolitan City in the County of Riverside’s Urban County Program for Federal Fiscal Years 2024, 2025, and 2026; and,
WHEREAS, the Joint Recipient Cooperation Agreement for Federal Fiscal Years 2024, 2025, and 2026 will allow the City to carry-out activities which are funded by Community Development Block Grant funds; and,
WHEREAS, the Joint Recipient Cooperation Agreement for Federal Fiscal Years 2024, 2025, and 2026 will allow the Metropolitan City to participate in the Urban County Consolidated Planning Programs.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:

SECTION 1. The Joint Recipient Cooperation Agreement between the County of Riverside and the City of Lake Elsinore is hereby approved.

SECTION 2. The City Council hereby authorizes and directs the Mayor to execute the Joint Recipient Cooperation Agreement on behalf of the City of Lake Elsinore.

SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption.

Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 11th day of July 2023.

Natasha Johnson
Mayor
Attest:

Candice Alvarez, MMC
City Clerk
CC Reso. No. 2023-

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2023-___ was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of July 11, 2023 and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk
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JOINT RECIPIENT COOPERATION AGREEMENT

FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT
FOR FISCAL YEARS 2024-25, 2025-26, 2026-27
This Joint Recipient Cooperation Agreement for the Community Development Block Grant for Fiscal Years 2024-25, 2025-26, 2026-27, hereinafter referred to as “Agreement” is made and entered into this ______ day of __________ 2023, by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and CITY OF LAKE ELSINORE, an incorporated municipality within the geographical boundaries of the COUNTY, hereinafter referred to as "CITY.” City and County individually referred to herein as “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, the Housing and Community Development Act of 1974, as amended (42 U.S.C.A. § 5301 et seq.) (Public Law 93-383), hereinafter called "ACT", provides that Community Development Block Grant funds hereinafter referred to as "CDBG", may be used for the support of activities that provide decent housing, suitable living environments, and expanded economic opportunities principally for persons of low and moderate-income; and WHEREAS, CDBG regulations require counties to re-qualify as an Urban County under the CDBG program every three years; and
WHEREAS, the CITY has attained Metropolitan City status under the “ACT” and has elected to accept its “Entitlement” status and participate in the COUNTY’s Urban County program as a joint recipient;
WHEREAS, the execution of this Agreement is necessary to include CITY as a Metropolitan City under COUNTY’s Urban County CDBG program.

NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived there from, the parties agree as follows:

1. GENERAL.
(a). This Agreement gives COUNTY authority to undertake, or assist in undertaking, activities for Fiscal Years 2024-25, 2025-26, and 2026-27, that will be funded from Joint Recipient Cooperation Agreement For CDBG Funds 2024-2026

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the CDBG Entitlement program and from any program income generated from the expenditure of such funds. COUNTY and CITY agree to cooperate, to undertake, or to assist in undertaking, community renewal and lower-income housing assistance activities. (b). COUNTY is qualified as an "Urban County" under the ACT. CITY, by executing this Agreement, hereby gives notice of its election to participate in an Urban County Community Development Block Grant program, hereinafter referred to as "CDBG program" or “Urban County Program.”
(c). By executing this Agreement, CITY understands that it may not apply for grants from appropriations under the Small Cities or State CDBG Programs for fiscal years during the period in which it participates in the Urban County’s CDBG program. (d). By executing this Agreement, CITY understands, acknowledges, and agrees that it will receive no formula HOME fund allocation from the COUNTY’S Urban County Program. Pursuant to 24 CFR 92.101, the CITY may elect to form a HOME Investment Partnership Act (HOME) Consortium with the COUNTY in order to be considered for HOME funding through the COUNTY. CITY may apply for HOME funds from the State of California, if permitted by the State.
(e). By executing this Agreement, CITY understands, acknowledges, and agrees that it will receive no formula Emergency Solutions Grant (ESG) funds from the COUNTY’S Urban County Program but may apply for ESG funds from the State of California, if permitted by the State.

2. TERM.

The term of this Agreement shall be for three (3) years commencing on July 1, 2024, and expiring on June 30, 2027, unless an earlier date of termination is fixed by U.S.

Department of Housing and Urban Development, hereinafter called HUD, pursuant to ACT. This Agreement shall automatically renew for participation in successive three-year qualification periods, unless COUNTY and CITY provide written notice it elects not to participate in a new qualification period. In the event of termination, a notice shall be sent to the HUD Field Office.

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Notwithstanding the above, the Parties agree that each Party shall adopt amendments to the Agreement incorporating changes necessary to meet the requirement for cooperation agreements set forth in an Urban County Qualification Notice that is applicable for any subsequent three-year urban qualification period and shall submit such amendment to HUD as provide in the Urban County Qualification Notice. The Parties agree that failure to comply shall void the automatic renewal for such qualification periods.

During the term and any successive qualification periods should this Agreement automatically renew, the terms of this Agreement shall remain in effect until the CDBG funds and program income received with respect to activities carried out during the three-year qualification period are expended and the funded activities completed. Furthermore, neither the COUNTY nor the CITY may terminate or withdraw from this Agreement while it remains in effect.

3. PREPARATION OF FEDERALLY REQUIRED FUNDING
APPLICATIONS.

The County of Riverside Housing and Workforce Solutions, subject to approval of COUNTY’s Board of Supervisors, shall be responsible for preparing and submitting to the U.S.

Department of Housing and Urban Development (HUD), in a timely manner, all reports and statements required by the ACT and the Federal regulations promulgated by HUD to secure entitlement grant funding under the CDBG, HOME, and ESG programs. This duty shall include the preparation and processing of COUNTY Housing, Community, and Economic Development Needs Identification Report, Citizen Participation Plan, the County Five-Year Consolidated Plan, One-Year Action Plan, Consolidated Annual Performance and Evaluation Report (CAPER), and other related programs which satisfy the application requirements of ACT and its regulations.

4. COMPLIANCE WITH FEDERAL STATUTES, REGULATIONS AND
OTHER APPLICABLE STATUTES, REGULATIONS AND ORDINANCES.
(a) COUNTY and CITY will comply with the applicable provisions of the ACT and those Federal regulations promulgated by HUD pursuant thereto, as the same currently exists or may hereafter be amended.

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(b) The COUNTY and CITY are hereby obligated to take all actions necessary to assure compliance with COUNTY’s certification regarding affirmatively furthering fair housing pursuant to Section 104 (b) of Title I of ACT, as amended. (c) The COUNTY and CITY are hereby obligated to take all actions necessary to assure compliance with Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975.
(d) COUNTY and CITY will comply with the applicable provisions of the following: National Environmental Policy Act of 1969; Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968; the Fair Housing Act; Title 24 Code of Federal Regulations part 570; Cranston-Gonzales National Affordable housing Act (Public Law 101-625); Executive Order 11063, as amended by Executive Order 12259; Executive Order 11988; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.§4630, et. seq.); Section 109 of Title I of the ACT and implementing regulations at 24 CFR part 6; the implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act; the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975; the implementing regulations at 24 CFR part 136, and Section 3 of the Civil Rights Act of 1963, as amended; and other Federal or state statute or regulation applicable to the use of CDBG, HOME Investment Partnerships Act (enacted as Title II of the National Affordable Housing Act of 1990), and Emergency Solutions Grant funds.
(e) CITY agrees that the Urban County Program funding for activities in, or in support of, the CITY are prohibited if CITY does not affirmatively further fair housing within CITY’S jurisdiction or impedes COUNTY actions to comply with its fair housing certification. (f) CITY and COUNTY shall meet the citizen participation requirements of 24 CFR 570.301 and provide Urban County Program citizens with all of the following:
i. The estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate-income; Joint Recipient Cooperation Agreement For CDBG Funds 2024-2026

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ii. A plan for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities;
iii. A plan that provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate-incomes, residents of slum and blighted areas, and of areas in which funds are proposed to be used, and provides for participation of residents in low and moderate-income neighborhoods; iv. Reasonable and timely access to local meetings, information, and records relating to the grantee’s proposed use of funds, as required by the regulations of the Secretary, and relating to the actual use of funds under the ACT; v. Provide for public meetings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities and review of program performance.

Meeting shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the disabled. (g). CITY shall develop a community development plan, for the period of this Agreement, which identifies community development and housing needs and specifies both short and long-term community development objectives.
(h). CITY certifies, to the best of its knowledge and belief, that:
i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the CITY, to any person influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement.
ii. If any funds other than Federally-appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of Joint Recipient Cooperation Agreement For CDBG Funds 2024-2026

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any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
iii. The CITY shall require that the language provided in Sections 4(e)(i) and 4(e)(ii) of this Agreement be included in the award documents for all sub-awards at all tiers (including subcontracts, sub- grants and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
(iv). In accordance with Section 519 of Public Law 101-144, (the 1990 HUD Appropriations Act), the CITY certifies that it has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations, and that it has adopted and is enforcing applicable State and local laws against physically barring entrance to, or exit from, a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction.

5. COMPLIANCE WITH POLICY AND PROGRAM OBJECTIVES.

The COUNTY’s Board of Supervisors have adopted policies and procedures to ensure efficient and effective administration of the CDBG program. COUNTY will provide these policies and procedures to CITY within a reasonable time after this Agreement’s commencement date. COUNTY and City agree to comply with these said policies and program objectives and to take no actions to obstruct implementation of the approved 2024-2029 Five Year Consolidated Plan and the subsequent Five Year Consolidated Plan.

6. OTHER AGREEMENTS.

Pursuant to Federal regulations at 24 CFR 570.501(b), CITY is subject to the same requirements applicable to sub-recipients, including the requirement of a written agreement set forth in Federal regulations at 24 CFR 570.503. For each fiscal year during the term of this Joint Recipient Cooperation Agreement For CDBG Funds 2024-2026

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Agreement, COUNTY and CITY shall enter into an additional agreement, commonly known as a Metropolitan City Supplemental Agreement, that will have a term coinciding with a CDBG Program Year and enumerate the project(s) CITY will implement with its entitlement funds. Said Supplemental Agreement will set forth the time schedule for completion of said project(s) and any funding sources, in addition to entitlement funds, that will be used in completing the project(s). If substantial compliance with the completion schedule, due to unforeseen or uncontrollable circumstances, cannot be met by CITY, the schedule for the project(s) may be extended by COUNTY. If COUNY determines that substantial progress toward drawdown of funds is not made during the term of the Supplemental Agreement, the entitlement funds associated with the project(s) may be reprogrammed by COUNTY, to other activities as determined by COUNTY, after COUNTY provides appropriate written notice to CITY. COUNTY's decision not to extend the completion schedule associated with the project(s), or to reprogram the entitlement funds associated with the project(s), will not excuse CITY from complying with terms of this Agreement.

7. DETERMINATION OF PROJECTS TO BE FUNDED AND
DISTRIBUTION OF ENTITLEMENT FUNDS.

CITY agrees to submit to COUNTY in writing, no later than the date specified by COUNTY prior to each program year, the activities that the CITY desires to implement with its entitlement funds, said designation to comply with statutory and regulatory provisions governing citizen's participation. Said designation is to be reviewed by the COUNTY's Housing and Workforce Solutions to determine that the projects are eligible under Federal regulations for funding and inclusion in the One Year Action Plan of the County’s Five-Year Consolidated Plan and consistent with both Federal and COUNTY policy governing use of Community Development Block Grant (CDBG) funds.

In the event that CITY fails to submit to COUNTY the identified activities that the CITY desires to implement with its entitlement funds by the date specified prior to each program year, the COUNTY may determine the activities to be funded, without consent of the CITY, consistent with both Federal and COUNTY policy governing use of Community Development Block Grant (CDBG) funds.

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Consistent with Sections 3, 4, 5, 6, and 7 of this Agreement, COUNTY's Board of Supervisors will make the final determination of the distribution and disposition of all CDBG funds received by COUNTY pursuant to the Act.

8. COMMUNITY DEVELOPMENT BLOCK GRANT MANUAL.

CITY warrants that those officers, employees, and agents, retained by it and responsible for implementing projects funded with CDBG have received, reviewed, and will follow the Community Development Block Grant Manual that has been prepared and amended by COUNTY, which Manual is incorporated herein and made a part hereof by this reference.

9. REAL PROPERTY ACQUIRED OR PUBLIC FACILITY
CONSTRUCTED WITH CDBG FUNDS.

When CDBG funds are used, in whole or in part, by CITY to acquire real property or to construct a public facility, CITY shall comply with the National Environmental Policy Act of 1969 (42 U.S.C. § 4321, et seq.), the California Environmental Quality Act (Cal. Pub. Resources Code § 21000, et seq.), the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4630, et seq.), and California Government Code Sections 7260 et seq., as those laws may be amended from time-to-time and any Federal or state regulations issued to implement the aforementioned laws.

In addition, the following is to occur:
(a) Title to the real property shall vest in CITY;
(b) The real property title will be held by or the constructed facility will be maintained by the CITY for the approved use until five years after the date that the project is reported as “Completed” within the annual Consolidated Annual Performance and Evaluation Report.
(c) While held by CITY, the real property or the constructed facility is to be used exclusively for the purpose for which acquisition or construction was originally approved by COUNTY;
(d) CITY shall provide timely written notice to COUNTY of any action which would result in a modification or change in the use of the real property purchased or improved, in Joint Recipient Cooperation Agreement For CDBG Funds 2024-2026

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whole or in part, with CDBG or HOME funds from that planned at the time of acquisition or improvement, including disposition.
(e) CITY shall provide timely written notice to citizens and opportunity to comment on any proposed modification or change;
(f) Written approval from COUNTY must be secured if the property or the facility is to be put to an alternate use that is or is not consistent with Federal regulations governing CDBG funds;
(g) Should CITY desire during the five (5) year period to use the real property or the constructed facility for a purpose not consistent with applicable Federal regulations governing CDBG funds or to sell the real property or facility, then:
(i) If CITY desires to retain title, it will have to reimburse either COUNTY or the Federal government an amount that represents the percentage of current fair market value that is identical to the percentage that CDBG funds initially comprised to when the property was acquired or the facility was constructed;
(ii) If CITY sells the property or facility, or is required to sell the property or facility, CITY is to reimburse the COUNTY an amount that represents the percentage of proceeds realized by the sale that is identical to the percentage that CDBG funds comprised of the monies paid to initially acquire the property or construct the facility. This percentage amount will be calculated after deducting all actual and reasonable cost of sale from the sale proceeds.

10. DISPOSITION OF INCOME GENERATED BY THE EXPENDITURE
OF CDBG FUNDS.

CITY shall inform COUNTY in writing of any income generated by the expenditure of CDBG funds received by CITY from COUNTY. CITY may retain program income so generated and may only be used for eligible activities, as determined by the COUNTY, in accordance with all CDBG requirements, including all requirements for citizen participation.

The COUNTY is required by HUD to monitor and report the receipt and use of all program income. CITY is required to track, monitor, and report any and all program income as requested by COUNTY.

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11. TERMINATION.

Except as provided for in Section 2, CITY and COUNTY cannot terminate or withdraw from this Agreement while it remains in effect.

12. NOTICES.

All correspondence and notices required or contemplated by this Agreement shall be delivered to the respective parties at the addresses set forth below and are deemed submitted two days after their deposit in the United States mail, postage prepaid:

COUNTY OF RIVERSIDE CITY OF
Heidi Marshall, Director Jason Simpson, City Manager
County of Riverside HWS City of Lake Elsinore
P.O. Box 1528 130 South Main Street
Riverside, CA 92502 Lake Elsinore, CA 92530

13. AGREEMENT ADMINISTRATION.

The City Manager in the case of the City of Lake Elsinore, and the Director of Housing and Workforce Solutions, in the case of the County of Riverside, or their designee, shall administer the terms and conditions of this Agreement for their respective city or county.

14. COOPERATION; FURTHER ACT.

The PARTIES shall cooperate fully with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purpose of the Agreement.

15. NO THIRD-PARTY BENEFICIARIES.

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This Agreement is made and entered into for the sole protection and benefit of the PARTIES hereto and shall not create any rights in any third parties. No other person or entity shall have any right or action based upon the provisions of the Agreement.

16. SECTION HEADINGS.

The Section headings herein are for the convenience of the PARTIES only and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions or language of this Agreement.

17. FORMER AGREEMENTS UTILIZING COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS BETWEEN COUNTY AND CITY.

All agreements between CITY and COUNTY regarding the use of CDBG funds for fiscal years 1975-76 through fiscal years 2023-2024, and any Supplemental Agreements there under, shall remain in full force and effect. If the language of this Agreement is in conflict or inconsistent with the terms of any prior said agreements between CITY and COUNTY, the language of this Agreement will be controlling.

18. INDEMNIFICATION
CITY agrees to indemnify, defend, and hold harmless COUNTY and its authorized officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising from CITY acts, errors or omissions and for any costs or expenses incurred by COUNTY on account of any claim therefore, except where such indemnifications is prohibited by law. CITY shall promptly notify COUNTY in writing of the occurrence of any such claims, actions, losses, damages, and/or liability.

CITY shall indemnify and hold harmless COUNTY against any liability, claims, losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or its successor that activities undertaken by CITY under the program(s) fail to comply with any laws, regulations, or policies applicable thereto or that any funds billed by and disbursed to CITY under this Agreement were improperly expended.

19. COMPLIANCE WITH LAWS AND REGULATIONS.

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By executing this Agreement, the Parties hereby certify that they will adhere to and comply with all Federal, state and local laws, regulations and ordinances.

20. ENTIRE AGREEMENT.

It is expressly agreed that this Agreement embodies the entire agreement of the Parties in relation to the subject matter hereof, and that no other agreement or understanding, verbal or otherwise, relative to this subject matter, exists between the Parties at the time of execution.

21. SEVERABILITY.

Each paragraph and provision of this Agreement is severable from each other provision and in the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provision will never the less continue in full force without being impaired or invalidated in any way.

22. ASSIGNMENT.

CITY shall not make any sale, assignment, conveyance or lease of any trust or power, or transfer in any other form with respect to this Agreement, or delegate or assign any interest in this Agreement without prior written approval of the County.

23. INTERPRETATION AND GOVERNING LAW.

This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof.

24. WAIVER.

Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party’s right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter.

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25. JURISDICTION AND VENUE.

Any action at law or in equity arising under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed in the Superior Court of California, County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court or jurisdiction.

26. AMENDMENTS
No change, amendment, or modification to the Agreement shall be valid or binding upon CITY or COUNTY unless such change, amendment, or modification is in writing and duly executed. CITY and COUNTY agree to adopt any necessary amendments to this Agreement to incorporate changes required by HUD as set forth in the Urban County Qualification Notice.

Amendments must be submitted to HUD as provided in the Urban County Qualification Notice and failure to do so will void the automatic renewal for such qualification period.

27. SPECIAL PROVISIONS FOR METROPOLITAIN CITY/URBAN
COUNTY JOINT RECIPIENT:
(a) The CITY is part of the Urban County Program for purposes of planning and implementation for the entire period of the Urban County Qualification for program years 2024-25, 2025-26, and 2026-27 under the CDBG program.
(b) HUD will consider the CITY as a unit of general local government that is part of the COUNTY’s Urban County program.
(c) HUD shall determine the annual amount of CDBG allocation to which the CITY is entitled, and the COUNTY will be the grant recipient. (d) The CITY’s allocation will be that portion of the total annual allocation as specified by written notice from HUD, less thirteen (13%) to be retained by the COUNTY for administration of the Urban County CDBG program.
(e) In the event that the COUNTY receives supplemental CDBG funding from HUD, pursuant to a national emergency, disaster, or economic recovery, the CITY will receive its allocation of said supplemental CDBG funding if HUD has determined the CITY’s portion of Joint Recipient Cooperation Agreement For CDBG Funds 2024-2026

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the COUNTY’s allocation. The CITY’s supplemental CDBG allocation will be subject to the retention of administrative funding found in Paragraph (d) of this Section and subject to applicable provisions of Sections 3, 4, 5, 6, and 7 of this Agreement. (f) All other terms and conditions applicable to an Urban County participating city shall apply to the CITY.

28. PROHIBITION OF CDBG FUND TRANSFER
The CITY may not sell, trade, or otherwise transfer all or any portion of the CDBG funds to another such cooperating city, metropolitan city, urban county, or Indian tribe, that directly receives CDBG funds in exchange for any other funds, credits, or non-Federal considerations. CITY must use the CDBG funds for activities eligible under Title I of the ACT.

29. AUTHORITY TO EXECUTE.

The persons executing this Agreement or exhibits attached hereto on behalf of the Parties to this Agreement hereby warrant and represent that they have the authority to execute this Agreement and warrant and represent that they have the authority to bind the respective Parties to this Agreement to the performance of its obligations hereunder.

30. INCORPORATION OF RECITALS
The Parties hereby affirm the facts set forth in the recitals above. Said recitals are incorporated herein and made an operative part of this Agreement.

31. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. [SIGNATURE ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the COUNTY and CITY have executed this Agreement on the date shown below.

Date: _______________________

COUNTY OF RIVERSIDE, CITY OF LAKE ELSINORE,
a political subdivision of the a general law city
State of California
BY: ____________________________ BY: _________________________ Heidi Marshall, Director Mayor
Housing and Workforce Solutions
APPROVED AS TO FORM: ATTEST:

Minh C. Tran, County Counsel
BY: ________________________
By: __________________________________ City Clerk
Paula S. Salcido, Deputy County Counsel

APPROVED AS TO FORM:

BY: __________________________
City Attorney
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COUNTY COUNSEL CERTIFICATION
The Office of County Counsel of the County of Riverside hereby certifies that the terms and provisions of this Agreement are fully authorized under state and local law and that the Agreement provides full legal authority for the COUNTY to undertake, or assist in undertaking, essential community development and housing assistance activities specifically urban renewal and publicly assisted housing.

Minh C. Tran
County Counsel
By:

Deputy, Paula S. Salcido

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Johnathan Oliver Skinner, Director Of Community Services Date: July 11, 2023
Subject: 2023-24 Angler Chronicles - Marketing and Media Services Agreement Recommendation
Approve and authorize the City Manager to execute a Professional Services Agreement with Angler Chronicles for Marketing and Media services in an amount not to exceed $32,000.00 in such final form as approved by the City Attorney.

Background
The City of Lake Elsinore has utilized Angler Chronicles media to promote various activities in Lake Elsinore, including fishing, special derbies and contests, boating, camping and general opportunities for residents and guests to enjoy the recreational avenues within the City.

Discussion
Angler Chronicles has been a partner with the City of Lake Elsinore for more than 11 years.

Through their weekly radio show, Saturday mornings broadcasts from Angels Stadium, to their various TV shows airing on Bally’s Sports West (formerly Fox Sports West), the “AC Crew” has been promoting not only fishing and fishing activities but promoted recreational opportunities and businesses throughout Lake Elsinore. With a listener and viewership in to 10,000+ range, promoting Lake Elsinore through Angler Chronicles Marketing and Media has brought and interested recreators to the area and some have found an exciting place to live.

Fiscal Impact
The Agreement shall not to exceed $32,000 and is requested through the annual fiscal budgetary process.
2023-24 Angler Chronicles

Attachments
Attachment 1 - Agreement
Exhibit A - Proposal
Angler Chronicles - Professional Services Agreement.docx Page 1

AGREEMENT FOR PROFESSIONAL SERVICES

ANGLER CHRONICLES

MARKETING AND MEDIA SERVICES
This Agreement for Professional Services (the “Agreement”) is made and entered into as of July 11, 2023, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and ANGLER CHRONICLES, a Limited Liability Corporation ("Consultant").

RECITALS
A. The City has determined that it requires the following professional services:

Marketing and media services.

B. Consultant has submitted to City a proposal, dated June 9, 2023, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.

C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein.

D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. Consultant shall perform the services described in Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal, subject to the direction of the City through its staff that it may provide from time to time.

2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager.
c. Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on July 1, 2023 and

ending June 30, 2024. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Consultant not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultant's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant's annual compensation exceed thirty-two thousand dollars ($32,000.00) without additional written authorization from the City.

Notwithstanding any provision of Consultant's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge.

Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff.

5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.

6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.

7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any thirdparty requests of Consultant shall be immediately referred to City, without any other actions by Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.

b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

9. Independent Contractor.
a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered

by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

13. Compliance with Laws.
a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members.
b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license.

15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of

law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.

iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers.

Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.

c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Angler Chronicles
Attn: Sergio Fainsztein
2243 Pacific Avenue, Suite A-10
Costa Mesa, CA 92627

18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.

Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.

27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to

make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) nonmonetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.

28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant’s Proposal.

30. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. [Signatures on next page]

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation

City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

Assistant City Manager
“CONSULTANT”
Angler Chronicles, a limited liability
corporation

By: Sergio Fainsztein
Its: Owner
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors

EXHIBIT A

EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]

EXHIBIT B

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]
(Page 1 of 2)
2022 Promotional Agreement
Angler Chronicles, LLC & The City of Lake Elsinore
The City of Lake Elsinore will receive the following promotional services via TV, Radio, and Internet Media for the term of: July 1, 2023 to June 30, 2024.
o Production of one (1) NEW 30-minute film featuring the City of Lake Elsinore and its many features and amenities. This film will air on FOX Sports West (HD) at least four (4) times each during the term of agreement. Angler Chronicles airs on Sundays at 8:30 AM and Tuesdays at 2:00 PM. o Production of (1) NEW 30-minute film featuring the Dream Extreme Fishing Derby. This film will air on FOX Sports West (HD) at least four (4) times each during the term of agreement. Angler Chronicles airs on Sundays at 8:30 AM and Tuesdays at 2:00 PM.
o Angler Chronicles will also air the episode already produced for the Lake Elsinore Fishing Derby. This is a total of two (2) films with at least six (6) airings during the term of agreement.
o One (1) 30-second Television commercial promoting the City of Lake Elsinore, to be aired weekly on Angler Chronicles TV (Fox Sports West & Fox Prime Ticket).
o The City of Lake Elsinore receives the right to video stream these films on the city’s Website, use at trade shows, use at consumer shows, and any other uses approved by the Director of Community Services.
o Live “on-air” Lake Elsinore report, for the term of agreement on “Angler Chronicles” (AC) airing every Saturday morning (5:00-7:00AM) on Angels Radio AM830 KLAA. This segment, 3-5 minutes weekly, can be a “call-in” from a representative of Lake Elsinore highlighting fishing reports from the lake and events at the City of Lake Elsinore.
(Page 2 of 2)
o Four (4) 2-hour guest appearances (1 per quarter) by representative of the City of Lake Elsinore, either live in-studio, or via telephone hook-up. (Dates to be determined).
o One (1) 60-second commercial promoting the City of Lake Elsinore, to be aired weekly on Angler Chronicles Radio (Angels Radio AM830 KLAA). (Commercial will be produced by Angler Chronicles)
o Prominent placement on “AnglerChronicles.com” website, Facebook promotion, various social media promotion, and cross-link with the City of Lake Elsinore website.

Fees for this promotional agreement (package): $32,000.00 for the term of agreement. Fees will be billed and payable in four (4) quarterly payments of $8,000.00, due at the beginning of each month. The City of Lake Elsinore will choose the preferred payment schedule. The first payment is due at signing of promotional agreement.
__________________________ ___________________________
Jason Simpson Sergio Fainsztein, President/CEO
City Manager Angler Chronicles, LLC
City of Lake Elsinore (949) 300-5441
[email protected]
Date: ________________________ Date: ______________________ Angler Chronicles, LLC
2243 Pacific Ave., Suite A-107
Costa Mesa, CA. 92627

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: July 11, 2023
Subject: TR 38116 Lakeside Haul Route
Recommendation
Approve a request for the haul route including hours of operation for Tract No. 38116 Lakeside residential project; and authorize the Mayor and City Manager to execute the haul route construction agreement.

Background
In August 2010, the City Council passed Ordinance 1271. The ordinance requires all projects with transportation of earth materials in excess of 5,000 cubic yards to have their haul routes approved by City Council. Tri Pointe Homes is requesting approval of a haul route to be used during the subject development’s import phase.

Discussion
Grading work will soon commence on the Lakeside project site. Import of material is required to elevate the site. Tri Pointe Homes will import approximately 40,000 cubic yards of material and the borrow site will be from Tract 28214 Alberhill Ranch, where Pulte Homes has an active grading permit. Windrow Earth Transport has been contracted with Tri Pointe Homes to conduct the import. There will be one (1) haul route used for loaded and unloaded trucks at the site.

Travel from export site (loaded trucks)
• North onto Terra Cotta Road
• West on Nichols Road
• South on Lake Street
• Continue on to Grand Avenue
• Left into Lakeside project site
Lakeside Haul Route

Lakeside Haul Route

Return to export site (unloaded trucks)
• Right out of the project site
• Left onto Grand Avenue
• Continue on Lake Street
• East on Nichols Road
• South onto Terra Cotta Road
The approved hours of work will be from 8:00 AM to 4:00 PM, Monday through Friday, to minimize the impact on rush hour traffic. Once commenced, the import will continue for up to 160 trips per day for approximately 18 working days. Windrow Earth Homes has provided a video log of the road condition of the haul route and posted a $5,000 security deposit that is refundable upon the successful completion of hauling and cleanup activities.

Conditions for this hauling process are as follows:

1. Provide equipment in the form of a front-end load or two (2) skid steer loaders including operator, trailer, and tow vehicle, street sweep, and dump truck to respond within 30 minutes of any report spill along the haul route.

2. Distribute the haul route and hours of operations to all haul truck operators prior to hauling operations.

3. Provide “Slow Trucks” signs at designated locations as approved by the City Engineer.

4. Provide a flagger to aid with traffic control at the entrance to the project site.

5. Provide dust control measures including water trucks at receiving locations.

6. Daily sweeping of all impacted roads at the discretion of the City Engineering Inspector.

7. Provide documentation that the trucks being used have passed CHP and/or DMV inspections within the past 12 months.

8. Violations of any of these conditions will result in the stoppage of work until such time that a Safety and Compliance meeting can be held with the City Engineering Inspector and City Engineer.

Fiscal Impact
Tri Pointe Homes, pursuant to plans and specifications, will be responsible for any damage occurring to the City streets, and has placed security with the City to guarantee such.

Attachments
Attachment 1 - Haul Route
Attachment 2 - Haul Route Questionnaire
Attachment 3 - Haul Route Construction Agreement

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: July 11, 2023
Subject: Public Works Construction Agreements with Endresen Development, LLC and Unique Builders of California, LLC for the City Emergency Operation Center (EOC) Building Project, CIP Project #Z20036
Recommendation

1. Approve and authorize the City Manager to execute an agreement with Endresen Development, LLC in an amount not to exceed $61,465.00 in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $6,147.00 for construction uncertainties and adjustments; and

2. Approve and authorize the City Manager to execute an agreement with Unique Builders of California, LLC in an amount not to exceed $166,669.00 in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $16,666.90 for construction uncertainties and adjustments.

Background
The completion of the new public works administrative building and vacating the old building has created an opportunity to develop a dedicated EOC facility with extended EOC capabilities. An emergency operation facility will vary in size from multi-use conference rooms to large central rooms to single spaces that function as stand-alone workplaces when an emergency arises. To respond to crisis efficiently and without delays, the City’s EOC must be designed and equipped optimally as part of its overarching mission. In this light, the EOC can provide staff support to responders and other EOC operations in real-time.

On May 24, 2022, the City awarded a construction agreement to United Carports to construct the New EOC building at the city yard. Demolition of the old Public Works Administrative Building was completed, and United Carports is near completion of the new EOC building shell. At this time, it is necessary to contract and begin the interior finishes of the new EOC.

EOC Building Project

Discussion
On May 16, 2023, the City solicited a request for proposal from licensed and qualified contractors (“Contractor”) to provide various construction trades for the construction of the City’s emergency operations center building. The RFP provided six (6) different proposal elements that a contractor could submit to the City. These elements were listed as an attachment to the RFP in a bid schedule (A - F) and are listed below:

Schedule A
(1A) Glass Wall (Floor to Ceiling) with door
(1B) Sliding glass door (Floor to Ceiling automatic)
Schedule B
(2A) 600 sqft raised hardwood subfloor
(2B) Framing 2x4x12 interior stud walls
(2C) Framing 2x6x12 stud interior walls
Schedule C
(3) 5/8” drywall, Insulation, paint (12ft hard lid)
Schedule D
(4) Finish Plumbing (City provided Fixtures)
(6) Bathroom Floor tile and 5ft Wainscot tile walls
Schedule E
(7) Vinyl plank flooring 1,522 sqft. City providing flooring (offices, data room, kitchen/break room, check-in, and hallway)
(8) Install carpet squares 24”x 24” 1845 sqft (EOC operations center and conference Room) Schedule F
(5) 7 Interior doors and trim (8.0), baseboards 6” All stained and clear coated On June 1, 2023, the City received two contractor proposals for the RFP. Each proposal was made on the form furnished in the RFP, Attachment A. Each Schedule (A – F) was submitted as a stand-alone bid. Also, each contractor submitted a proposal on all of the six elements. The submitted schedules have been reviewed separately by staff. Unique Builders of California was lower on four elements (B, C, D & E ), and Endresen Development was lower on two (A & F).

Below are the proposal results from the RFP:

Contractor Name Awarded Bid Schedules Amount
Endresen Development Bid Schedules A & F $ 61,465.00
Unique Builders of California Bid Schedules A & F $144,947.00 Unique Builders of California Bid Schedules B, C, D & E $166,669.00 Endresen Development Bid Schedules B, C, D & E $245,021.00 EOC Building Project

Fiscal Impact
Funding costs are included in the Fiscal Year 2023/2024 – 2027/2028 Capital Improvement Plan (CIP) Budget, CIP Project #Z20036.

Attachments
Attachment 1 - Endresen Development Agreement
Exhibit A - Proposal
Attachment 2 - Unique Builders of California Agreement
Exhibit A - Proposal
1 Agreement No. __________

AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
Endresen Development, Inc.

For the
EOC Building Schedules
A & F
CIP PROJECT NO. Z20036
This Agreement for Public Works Construction (“Agreement”) is made and entered into as of July 11, 2023, by and between the City of Lake Elsinore, a municipal corporation (“City”) and Endresen Development, Inc. (“Contractor”).

The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows:

1. The Project and Project Documents. Contractor agrees to construct the following public improvements (“work”) identified as:

Bid Schedules A & F (the “Project”)
The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Staff, are identified as:

EOC Building Schedules A & F
The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder’s Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above-listed documents are made a part of this Agreement as though fully set forth herein.

2. Compensation.
a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder’s Proposal, such contract price being . 2 b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents.
c. Contractor agrees to receive and accept the prices set forth in the Bidder’s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

3. Completion of Work.
a. Contractor shall perform and complete all work within fifty-five (55) working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project.
c. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of $500.00 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 3 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage claim against the Contractor.

Any change to the work shall be by way of a written instrument (“change order”) signed by the City and the Contractor, stating their agreement to the following:
a. The scope of the change in the work;
b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance.

The City Engineer is authorized to sign any change order provided that sufficient contingency funds are available in the City’s approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes.

5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney.

6. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.

7. Licenses. Contractor represents and warrants to City that it holds the contractor’s license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license.

8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, the County and Board Supervisors, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to
4 property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause.

This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

9. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
5 iv. Builder’s Risk Coverage. Prior to the commencement of any construction of the Project, Design-Builder shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder’s risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). v. Professional Liability Coverage Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants.

The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of 6 performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

10. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Endresen Development Inc.

Attn: Josh Endresen
15301 Alvarado Street
Temecula , CA 92591

11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.

13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties for obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

14. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

15. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

16. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 7 17. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

18. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

19. Authority to Enter Agreement and Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. The City Engineer shall act as the Project administrator on behalf of the City.

20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

21. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

22. Prevailing Wages.
a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. 8 b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced.
c. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions.

Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810.

23. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page]
9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Endresen Development, Inc.

City Manager
ATTEST:

By: Josh Endresen
Its: Owner
City Clerk
APPROVED AS TO FORM:

By: Click or tap here to enter text.

Its: Click or tap here to enter text.

City Attorney
Director of Administrative Services

EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]
Attachment “A”

PROPOSAL COST FILE SCHEDULES
CIP PROJECT NO. Z10030

THE EOC BUILDING
Company: ___________________________________________________________________ Honorable Mayor Members of the Council:

In accordance with the Notice Inviting Bids pertaining to the receiving of sealed proposals by the City Clerk of the City of Lake Elsinore for the above titled improvement, the undersigned hereby proposes to furnish all Work to be performed in accordance with the Specifications, Standard Drawings, and the Contract Documents, for the unit price or lump sum set forth in the following schedule:

Cost File Schedule A
(1A) Glass Wall (Floor to Ceiling) with door
(1B) Sliding glass door (Floor to Ceiling automatic)
Item
No. Description Lump Sum Price Total Bid Price
1 Mobilization & Demobilization Including Construction
Schedules, (Not To Exceed 3% of Total Bid) $ $
(1A) Glass Wall (Floor to Ceiling) with door $ $
(1B) Sliding glass door (Floor to Ceiling automatic) $ $ 2 Bonds $ $
Total $
SCHEDULE A Total Bid: ___________________________________________________________ (Figures*)
SCHEDULE A Total Bid: ___________________________________________________________ (Words*)
GRAND Total (SCHEDULES A) Bid: ______________________________________________ (Figures*)
GRAND Total (SCHEDULES A) Bid:
(Words*)
*BID MAY BE REJECTED IF TOTAL IS NOT SHOWN FOR BOTH FIGURES AND WORDS.

The undersigned agrees to enter into and execute a contract, with necessary bonds, at the unit prices set forth herein and in case of default in executing such contract, with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of the City of Lake Elsinore.

The above unit prices include all work appurtenant to the various items as outlined in the Contract Documents and all work or expense required for the satisfactory completion of said items. In case of discrepancies between unit prices and totals, the unit prices shall govern. 900.00
25000.00
7500.00
2820.00
36220.00
36220.00
Thirty six thousand two hundred twenty dollars
36220.00
Thirty six thousand two hundred twenty dollars
The undersigned declares that it has carefully examined the Specifications, and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon.

Contractor
Date: By:

Contractor’s State License No.:

Class:

Endresen Development Inc.

May 30, 2023
922677
B - General
Cost File Schedule B
(2A) 600 sq. ft. raised hard wood sub floor.
(2B) Framing 2x4x12 stud interior walls.
(2C) Framing 2x6x12 stud interior walls.

Item
No. Description Lump Sum Price Total Bid Price
1 Mobilization & Demobilization Including Construction
Schedules, (Not to Exceed 3% of Total Bid) $ $
(2A) 600 sq. ft. raised hard wood sub floor $ $
(2B) Framing 2x4x12 stud interior walls $ $
(2C) Framing 2x6x12 stud interior walls $ $
2 Bonds $
Total $
SCHEDULE A Total Bid: ___________________________________________________________ (Figures*)
SCHEDULE A Total Bid: ___________________________________________________________ (Words*)
GRAND Total (SCHEDULES A) Bid: ______________________________________________ (Figures*)
GRAND Total (SCHEDULES A) Bid:
(Words*)
*BID MAY BE REJECTED IF TOTAL IS NOT SHOWN FOR BOTH FIGURES AND WORDS.

The undersigned agrees to enter into and execute a contract, with necessary bonds, at the unit prices set forth herein and in case of default in executing such contract, with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of the City of Lake Elsinore.

The above unit prices include all work appurtenant to the various items as outlined in the Contract Documents and all work or expense required for the satisfactory completion of said items. In case of discrepancies between unit prices and totals, the unit prices shall govern.

The undersigned declares that it has carefully examined the Specifications, and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon.

Contractor
Date: By:

Contractor’s State License No.:

Class:
930.00
8000.00
20000.00
3000.00
3193.00
35123.00
35123.00
35123.00
Thirty five thousand one hundred twenty two dollars
Thirty five thousand one hundred twenty two dollars
Endresen Development Inc.

May 30, 2023
922677
B - General
Cost File Schedule C
(3) 5/8” dry wall, Insulation, paint (12ft hard lid)
Item
No. Description Lump Sum Price Total Bid Price
1 Mobilization & Demobilization Including Construction
Schedules, (Not to Exceed 3% of Total Bid) $ $
2 Bonds $ $
(3) 5/8” dry wall, Insulation, paint (12ft hard lid) $ $ Total $
SCHEDULE A Total Bid: ___________________________________________________________ (Figures*)
SCHEDULE A Total Bid: ___________________________________________________________ (Words*)
GRAND Total (SCHEDULES A) Bid: ______________________________________________ (Figures*)
GRAND Total (SCHEDULES A) Bid:
(Words*)
*BID MAY BE REJECTED IF TOTAL IS NOT SHOWN FOR BOTH FIGURES AND WORDS.

The undersigned agrees to enter into and execute a contract, with necessary bonds, at the unit prices set forth herein and in case of default in executing such contract, with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of the City of Lake Elsinore.

The above unit prices include all work appurtenant to the various items as outlined in the Contract Documents and all work or expense required for the satisfactory completion of said items. In case of discrepancies between unit prices and totals, the unit prices shall govern.

The undersigned declares that it has carefully examined the Specifications, and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon.

Contractor
Date: By:

Contractor’s State License No.:

Class:
3350.00
8000.00
125000.00
136350.00
136350.00
136350.00
One hundred thirty six thousand three hundred fifty dollars One hundred thirty six thousand three hundred fifty dollars Endresen Development Inc.

May 30, 2023
922677
B - General
Cost File Schedule D
(4) Finish Plumbing (City Provided Fixtures)
(6) Bathroom Floor tile and 5ft Wainscot tile walls
Item
No. Description Lump Sum Price Total Bid Price
1 Mobilization & Demobilization Including Construction
Schedules, (Not to Exceed 3% of Total Bid) $ $
2 Bonds
(4) Finish Plumbing (City Provided Fixtures) $ $
(6) Bathroom Floor tile and 5ft Wainscot tile walls $ $ Total $
SCHEDULE A Total Bid: ___________________________________________________________ (Figures*)
SCHEDULE A Total Bid: ___________________________________________________________ (Words*)
GRAND Total (SCHEDULES A) Bid: ______________________________________________ (Figures*)
GRAND Total (SCHEDULES A) Bid:
(Words*)
*BID MAY BE REJECTED IF TOTAL IS NOT SHOWN FOR BOTH FIGURES AND WORDS.

The undersigned agrees to enter into and execute a contract, with necessary bonds, at the unit prices set forth herein and in case of default in executing such contract, with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of the City of Lake Elsinore.

The above unit prices include all work appurtenant to the various items as outlined in the Contract Documents and all work or expense required for the satisfactory completion of said items. In case of discrepancies between unit prices and totals, the unit prices shall govern.

The undersigned declares that it has carefully examined the Specifications, and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon.

Contractor
Date: By:

Contractor’s State License No.:

Class:
700.00
2452.00
10000.00
13820.0
26972.00
26972.00
26972.00
Twenty six thousand nine hundred seventy two dollars
Twenty six thousand nine hundred seventy two dollars
Endresen Development Inc.

May 30, 2023
922677
B - General
Cost File Schedule E
(7) Vinyl plank flooring 1,522 sq. ft. City provided flooring (offices, Data Room, kitchen/break room, check-in, and hallway)
(8) Install carpet squares 24”x 24” 1845 sq. ft. (EOC operations center and Conference Room) Item
No. Description Lump Sum Price Total Bid Price
1 Mobilization & Demobilization Including Construction
Schedules, (Not To Exceed 3% of Total Bid) $ $
2 Bonds
(7)
Vinyl plank flooring 1,522 sq. ft. City provided flooring (offices, Data Room, kitchen/break room, check-in,
and hallway) $ $
(8)
Install carpet squares 24”x 24” 1845 sq. ft. (EOC
operations center and Conference Room) $ $
Total $
SCHEDULE A Total Bid: ___________________________________________________________ (Figures*)
SCHEDULE A Total Bid: ___________________________________________________________ (Words*)
GRAND Total (SCHEDULES A) Bid: ______________________________________________ (Figures*)
GRAND Total (SCHEDULES A) Bid:
(Words*)
*BID MAY BE REJECTED IF TOTAL IS NOT SHOWN FOR BOTH FIGURES AND WORDS.

The undersigned agrees to enter into and execute a contract, with necessary bonds, at the unit prices set forth herein and in case of default in executing such contract, with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of the City of Lake Elsinore.

The above unit prices include all work appurtenant to the various items as outlined in the Contract Documents and all work or expense required for the satisfactory completion of said items. In case of discrepancies between unit prices and totals, the unit prices shall govern.

The undersigned declares that it has carefully examined the Specifications, and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon.

Contractor
Date: By:

Contractor’s State License No.:

Class:
1200.00
3450.00
19786.00
22140.00
46576.00
46576.00
46576.00
Forty six thousand five hundred seventy six dollars
Forty six thousand five hundred seventy six dollars
Endresen Development Inc.

May 30, 2023
922677
B - General
Cost File Schedule F
(5) 7 Interior doors and trim (8.0), base boards- 6” All Stained and Clear Coated Item
No. Description Lump Sum Price Total Bid Price
1 Mobilization & Demobilization Including Construction
Schedules, (Not to Exceed 3% of Total Bid) $ $
2 Bonds
(5)
7 Interior doors and trim (8.0), base boards- 6” All
Stained and Clear Coated Knotty Alder $ $
Total $
SCHEDULE A Total Bid: ___________________________________________________________ (Figures*)
SCHEDULE A Total Bid: ___________________________________________________________ (Words*)
GRAND Total (SCHEDULES A) Bid: ______________________________________________ (Figures*)
GRAND Total (SCHEDULES A) Bid:
(Words*)
*BID MAY BE REJECTED IF TOTAL IS NOT SHOWN FOR BOTH FIGURES AND WORDS.

The undersigned agrees to enter into and execute a contract, with necessary bonds, at the unit prices set forth herein and in case of default in executing such contract, with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of the City of Lake Elsinore.

The above unit prices include all work appurtenant to the various items as outlined in the Contract Documents and all work or expense required for the satisfactory completion of said items. In case of discrepancies between unit prices and totals, the unit prices shall govern.

The undersigned declares that it has carefully examined the Specifications, and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon.

Contractor
Date: By:

Contractor’s State License No.:

Class:
650.00
2295.00
22300.00
25245.00
25245.00
25245.00
Twenty five thousand two hundred forty five dollars
Twenty five thousand two hundred forty five dollars
Endresen Development Inc.

May 30, 2023
922677
B - General
1 Agreement No. __________

AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
Unique Builders of California LLC.

For the
EOC Building Bid
Schedules B, C, D, & E
CIP PROJECT NO. Z20036
This Agreement for Public Works Construction (“Agreement”) is made and entered into as of July 11, 2023 by and between the City of Lake Elsinore, a municipal corporation (“City”) and Unique Builders of California LLC. (“Contractor”).

The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows:

1. The Project and Project Documents. Contractor agrees to construct the following public improvements (“work”) identified as:

Bid Schedules B, C, D, & E (the “Project”)
The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Staff, are identified as:

EOC Buidling Schedules B, C, D, & E
The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder’s Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above-listed documents are made a part of this Agreement as though fully set forth herein.

2. Compensation.
a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder’s Proposal, such contract price being one hundred sixty-six thousand six hundred sixty-nine dollars and no cents ($166,669.00).
2 b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents.
c. Contractor agrees to receive and accept the prices set forth in the Bidder’s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

3. Completion of Work.
a. Contractor shall perform and complete all work within fifty five (55) working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project.
c. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of $500.00 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 3 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage claim against the Contractor.

Any change to the work shall be by way of a written instrument (“change order”) signed by the City and the Contractor, stating their agreement to the following:
a. The scope of the change in the work;
b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance.

The City Engineer is authorized to sign any change order provided that sufficient contingency funds are available in the City’s approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes.

5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney.

6. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.

7. Licenses. Contractor represents and warrants to City that it holds the contractor’s license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license.

8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, the County and Board Supervisors, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to
4 property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause.

This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

9. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
5 iv. Builder’s Risk Coverage. Prior to the commencement of any construction of the Project, Design-Builder shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder’s risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). v. Professional Liability Coverage Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants.

The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of 6 performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

10. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Unique Builders of California LLC
Attn: Dave Carter
33175 Temecula Parkway Ste A #747
Temecula, CA 92592

11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.

13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties for obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

14. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

15. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

16. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 7 17. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

18. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

19. Authority to Enter Agreement and Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. The City Engineer shall act as the Project administrator on behalf of the City.

20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

21. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

22. Prevailing Wages.
a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. 8 b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced.
c. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions.

Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810.

23. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page]
9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Unique Builders of California, LLC., a Limited
Liability Corporation
City Manager
ATTEST:

By: Dave Carter
Its: Owner
City Clerk
APPROVED AS TO FORM:

By: Click or tap here to enter text.

Its: Click or tap here to enter text.

City Attorney
Assistant City Manager

EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]
Attachment “A”

PROPOSAL COST FILE SCHEDULES
CIP PROJECT NO. Z10030

THE EOC BUILDING
Company: ___________________________________________________________________ Honorable Mayor Members of the Council:

In accordance with the Notice Inviting Bids pertaining to the receiving of sealed proposals by the City Clerk of the City of Lake Elsinore for the above titled improvement, the undersigned hereby proposes to furnish all Work to be performed in accordance with the Specifications, Standard Drawings, and the Contract Documents, for the unit price or lump sum set forth in the following schedule:

Cost File Schedule A
(1A) Glass Wall (Floor to Ceiling) with door
(1B) Sliding glass door (Floor to Ceiling automatic)
Item
No. Description Lump Sum Price Total Bid Price
1 Mobilization & Demobilization Including Construction
Schedules, (Not To Exceed 3% of Total Bid) $ $
(1A) Glass Wall (Floor to Ceiling) with door $ $
(1B) Sliding glass door (Floor to Ceiling automatic) $ $ 2 Bonds $ $
Total $
SCHEDULE A Total Bid: ___________________________________________________________ (Figures*)
SCHEDULE A Total Bid: ___________________________________________________________ (Words*)
GRAND Total (SCHEDULES A) Bid: ______________________________________________ (Figures*)
GRAND Total (SCHEDULES A) Bid:
(Words*)
*BID MAY BE REJECTED IF TOTAL IS NOT SHOWN FOR BOTH FIGURES AND WORDS.

The undersigned agrees to enter into and execute a contract, with necessary bonds, at the unit prices set forth herein and in case of default in executing such contract, with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of the City of Lake Elsinore.

The above unit prices include all work appurtenant to the various items as outlined in the Contract Documents and all work or expense required for the satisfactory completion of said items. In case of discrepancies between unit prices and totals, the unit prices shall govern.

The undersigned declares that it has carefully examined the Specifications, and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon.

Contractor
Date: By:

Contractor’s State License No.:

Class:

Cost File Schedule B
(2A) 600 sq. ft. raised hard wood sub floor.
(2B) Framing 2x4x12 stud interior walls.
(2C) Framing 2x6x12 stud interior walls.

Item
No. Description Lump Sum Price Total Bid Price
1 Mobilization & Demobilization Including Construction
Schedules, (Not to Exceed 3% of Total Bid) $ $
(2A) 600 sq. ft. raised hard wood sub floor $ $
(2B) Framing 2x4x12 stud interior walls $ $
(2C) Framing 2x6x12 stud interior walls $ $
2 Bonds $
Total $
SCHEDULE A Total Bid: ___________________________________________________________ (Figures*)
SCHEDULE A Total Bid: ___________________________________________________________ (Words*)
GRAND Total (SCHEDULES A) Bid: ______________________________________________ (Figures*)
GRAND Total (SCHEDULES A) Bid:
(Words*)
*BID MAY BE REJECTED IF TOTAL IS NOT SHOWN FOR BOTH FIGURES AND WORDS.

The undersigned agrees to enter into and execute a contract, with necessary bonds, at the unit prices set forth herein and in case of default in executing such contract, with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of the City of Lake Elsinore.

The above unit prices include all work appurtenant to the various items as outlined in the Contract Documents and all work or expense required for the satisfactory completion of said items. In case of discrepancies between unit prices and totals, the unit prices shall govern.

The undersigned declares that it has carefully examined the Specifications, and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon.

Contractor
Date: By:

Contractor’s State License No.:

Class:

Cost File Schedule C
(3) 5/8” dry wall, Insulation, paint (12ft hard lid)
Item
No. Description Lump Sum Price Total Bid Price
1 Mobilization & Demobilization Including Construction
Schedules, (Not to Exceed 3% of Total Bid) $ $
2 Bonds $ $
(3) 5/8” dry wall, Insulation, paint (12ft hard lid) $ $ Total $
SCHEDULE A Total Bid: ___________________________________________________________ (Figures*)
SCHEDULE A Total Bid: ___________________________________________________________ (Words*)
GRAND Total (SCHEDULES A) Bid: ______________________________________________ (Figures*)
GRAND Total (SCHEDULES A) Bid:
(Words*)
*BID MAY BE REJECTED IF TOTAL IS NOT SHOWN FOR BOTH FIGURES AND WORDS.

The undersigned agrees to enter into and execute a contract, with necessary bonds, at the unit prices set forth herein and in case of default in executing such contract, with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of the City of Lake Elsinore.

The above unit prices include all work appurtenant to the various items as outlined in the Contract Documents and all work or expense required for the satisfactory completion of said items. In case of discrepancies between unit prices and totals, the unit prices shall govern.

The undersigned declares that it has carefully examined the Specifications, and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon.

Contractor
Date: By:

Contractor’s State License No.:

Class:

Cost File Schedule D
(4) Finish Plumbing (City Provided Fixtures)
(6) Bathroom Floor tile and 5ft Wainscot tile walls
Item
No. Description Lump Sum Price Total Bid Price
1 Mobilization & Demobilization Including Construction
Schedules, (Not to Exceed 3% of Total Bid) $ $
2 Bonds
(4) Finish Plumbing (City Provided Fixtures) $ $
(6) Bathroom Floor tile and 5ft Wainscot tile walls $ $ Total $
SCHEDULE A Total Bid: ___________________________________________________________ (Figures*)
SCHEDULE A Total Bid: ___________________________________________________________ (Words*)
GRAND Total (SCHEDULES A) Bid: ______________________________________________ (Figures*)
GRAND Total (SCHEDULES A) Bid:
(Words*)
*BID MAY BE REJECTED IF TOTAL IS NOT SHOWN FOR BOTH FIGURES AND WORDS.

The undersigned agrees to enter into and execute a contract, with necessary bonds, at the unit prices set forth herein and in case of default in executing such contract, with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of the City of Lake Elsinore.

The above unit prices include all work appurtenant to the various items as outlined in the Contract Documents and all work or expense required for the satisfactory completion of said items. In case of discrepancies between unit prices and totals, the unit prices shall govern.

The undersigned declares that it has carefully examined the Specifications, and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon.

Contractor
Date: By:

Contractor’s State License No.:

Class:

Cost File Schedule E
(7) Vinyl plank flooring 1,522 sq. ft. City provided flooring (offices, Data Room, kitchen/break room, check-in, and hallway)
(8) Install carpet squares 24”x 24” 1845 sq. ft. (EOC operations center and Conference Room) Item
No. Description Lump Sum Price Total Bid Price
1 Mobilization & Demobilization Including Construction
Schedules, (Not To Exceed 3% of Total Bid) $ $
2 Bonds
(7)
Vinyl plank flooring 1,522 sq. ft. City provided flooring (offices, Data Room, kitchen/break room, check-in,
and hallway) $ $
(8)
Install carpet squares 24”x 24” 1845 sq. ft. (EOC
operations center and Conference Room) $ $
Total $
SCHEDULE A Total Bid: ___________________________________________________________ (Figures*)
SCHEDULE A Total Bid: ___________________________________________________________ (Words*)
GRAND Total (SCHEDULES A) Bid: ______________________________________________ (Figures*)
GRAND Total (SCHEDULES A) Bid:
(Words*)
*BID MAY BE REJECTED IF TOTAL IS NOT SHOWN FOR BOTH FIGURES AND WORDS.

The undersigned agrees to enter into and execute a contract, with necessary bonds, at the unit prices set forth herein and in case of default in executing such contract, with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of the City of Lake Elsinore.

The above unit prices include all work appurtenant to the various items as outlined in the Contract Documents and all work or expense required for the satisfactory completion of said items. In case of discrepancies between unit prices and totals, the unit prices shall govern.

The undersigned declares that it has carefully examined the Specifications, and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon.

Contractor
Date: By:

Contractor’s State License No.:

Class:

Cost File Schedule F
(5) 7 Interior doors and trim (8.0), base boards- 6” All Stained and Clear Coated Item
No. Description Lump Sum Price Total Bid Price
1 Mobilization & Demobilization Including Construction
Schedules, (Not to Exceed 3% of Total Bid) $ $
2 Bonds
(5)
7 Interior doors and trim (8.0), base boards- 6” All
Stained and Clear Coated Knotty Alder $ $
Total $
SCHEDULE A Total Bid: ___________________________________________________________ (Figures*)
SCHEDULE A Total Bid: ___________________________________________________________ (Words*)
GRAND Total (SCHEDULES A) Bid: ______________________________________________ (Figures*)
GRAND Total (SCHEDULES A) Bid:
(Words*)
*BID MAY BE REJECTED IF TOTAL IS NOT SHOWN FOR BOTH FIGURES AND WORDS.

The undersigned agrees to enter into and execute a contract, with necessary bonds, at the unit prices set forth herein and in case of default in executing such contract, with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of the City of Lake Elsinore.

The above unit prices include all work appurtenant to the various items as outlined in the Contract Documents and all work or expense required for the satisfactory completion of said items. In case of discrepancies between unit prices and totals, the unit prices shall govern.

The undersigned declares that it has carefully examined the Specifications, and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon.

Contractor
Date: By:

Contractor’s State License No.:

Class:

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Rick DeSantiago, Public Works Manager
Date: July 11, 2023
Subject: Construction Agreement to NPG, Inc. for the City-Wide Annual Asphalt Maintenance and Repair, New Installation Program, and On-Call Emergency Construction Services, Project No. Z10002
Recommendation
Approve and authorize the City Manager to execute a Construction Agreement with NPG, Inc. for City-Wide Annual Asphalt Maintenance and Repair, New Installation Program, and On-Call Emergency Construction Services in an amount not to exceed $2,000,000.00 in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $200,000.00 for construction uncertainties and adjustments.

Background
After a successful notice inviting bid posting on May 5, 2023, the City received two bids on or before the June 5, 2023, deadline. The notice inviting bids detailed 28 areas of asphalt maintenance and repair with ancillary items to support the need for new installation and on-call emergency construction services. This asphalt pavement maintenance and repair scope of work has been an important and critical benefit to the City’s pavement management effort. The annual services in this agreement are ongoing and augment City staff services on a routine and emergency basis. The annual review of these services is essential to ensure best pricing and allencompassing scope of work requirements.

Construction Services Agreement with NPG, Inc.

Discussion
This agreement will provide the needed resources to effectively take preventive and repair action on the City’s roadways and systematically assess maintenance and repair forecasting, and work scheduling to optimize pavement conditions. Establishing the unit price of the 28 different elements in this notice inviting bid allows City staff to incorporate life cycle costs into a more organized and logical approach to minor and major road maintenance and reconstruction projects.

The City’s needs of the entire asphalt roadway network as well as repair budget projections are better considered because the fixed unit cost of the high demand repair elements are preestablished in this construction service agreement.

The unit price collection of the data in the contractor’s bid submittal has been evaluated by City staff. In total, the low bid was provided by Hardy & Harper, Inc. However, detailed examination of both contractors (Hardy & Harper, NPG) authenticates a larger cost difference between both contractors on the weighted elements in the notice inviting bid. The weighted elements are repair elements that the City will have a much higher demand and usage for throughout the term of the agreement. The City’s asphalt repair experience and demand history supports 14 weighted elements. The annual repair and work effort in this large scope of work forecasts nearly 85% of the $2,000,000 agreement amount will be expended on the weighted elements. Taking this into consideration, the listed 14 weighted elements below show the large difference between both contractors on the weighted elements and clearly establish a more cost-effective bid submittal by NPG, Inc.

Contractor Total Bid
Hardy & Harper $31,897.50
NPG $32,618.89
15 Weighted Elements
Element Unit Type
Hardy &
Harper Total
NPG
Total

1.Remove and replace Asphalt 4” Max Sq.Ft. $87.00 $22.70

2.Remove and replace Asphalt 8” Max Sq.Ft. $125.00 $35.25

3.Install 6’ class two base Sq.Ft. $44.00 $19.65

4.Two-inch taper edge grind 5 to 6 ft Ln.Ft. $46.00 $20.00

5.Two-inch asphalt grind and pave Sq.Ft. $62.00 $19.40

6.Two-inch asphalt overlay Sq.Ft. $38.20 $15.45

7.Install type 6” asphalt berm Ln.Ft. $63.50 $46.50

8.Install type 8” asphalt berm Ln.Ft. $75.50 $55.50

9.Install asphalt skin patch Sq.Ft. $53.00 $13.75

10.Install grub/rough grade grass dirt area Sq.Ft. $21.40 $8.00

11.Crack sealing (hot rubber) Ln.Ft. $26.30 $5.70

12.Slurry coat (one coat) Sq.Ft. $13.50 $1.15

13.Slurry Coat (two coats) Sq.Ft. $14.80 $1.14

14.Type II Road slurry Sq.Ft. $23.50 $11.55
Total $693.70 $275.74
Construction Services Agreement with NPG, Inc.

The above chart illustrates a huge difference in the amount of services NPG, Inc. can provide at a significantly lower cost than Hardy & Harper, Inc. If the City were to purchase one unit of each 14 elements listed above the City would pay $417.96 less if purchased from NPG, Inc. The cost comparison of the 14 weighted items clearly shows the best and most cost-effective decision is to award the construction agreement to NGP, Inc.

NGP, Inc. has a working history with the City and has provided these services for several years and meets all the conditions of the notice inviting bids. Once the agreement is awarded and executed, NGP, Inc. is prepared to begin work on the City’s asphalt maintenance and repair, new installation program, and on-call emergency construction services.

Fiscal Impact
Funds are available in the CIP Citywide Crack & Seal & Pothole Improvements Program and the Citywide Dirt Road Paving Program Z10002.

Attachments
Attachment 1 - Agreement
Exhibit A - Bid Packet
1 Agreement No. __________

AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
NPG, Inc.

For the
City-Wide Annual Asphalt Maintenance and Repair, New Installation Program, and On-Call Emergency Construction Services
CIP PROJECT NO. [Z10002]
This Agreement for Public Works Construction (“Agreement”) is made and entered into as of July 11, 2023 by and between the City of Lake Elsinore, a municipal corporation (“City”) and NPG, Inc., a Corporation (“Contractor”).

The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows:

1. The Project and Project Documents. Contractor agrees to construct the following public improvements (“work”) identified as:

City-Wide Annual Asphalt Maintenance and Repair, New Installation Program, and OnCall Emergency Construction Services (Z10002) Click or tap here to enter text.

The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder’s Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above-listed documents are made a part of this Agreement as though fully set forth herein.

2. Compensation.
a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder’s Proposal, such contract price being Two Million Dollars and Zero Cents. $2,000,000.00.
2 b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents.
c. Contractor agrees to receive and accept the prices set forth in the Bidder’s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

3. Completion of Work.
a. Contractor shall perform and complete all work within Sixty (60) working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project.
c. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of $1,000.00 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 3 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage claim against the Contractor.

Any change to the work shall be by way of a written instrument (“change order”) signed by the City and the Contractor, stating their agreement to the following:
a. The scope of the change in the work;
b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance.

The City Engineer is authorized to sign any change order provided that sufficient contingency funds are available in the City’s approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes.

5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney.

6. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.

7. Licenses. Contractor represents and warrants to City that it holds the contractor’s license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license.

8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, the County and Board Supervisors, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to
4 property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause.

This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

9. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
5 iv. Builder’s Risk Coverage. Prior to the commencement of any construction of the Project, Design-Builder shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder’s risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). v. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants.

The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of 6 performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

10. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first-class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: NPG, Inc.

Attn: Jeff Nelson
1354 Jet Way
Perris, CA 92571

11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.

13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties for obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

14. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

15. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

16. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 7 17. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

18. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

19. Authority to Enter Agreement and Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. The City Engineer shall act as the Project administrator on behalf of the City.

20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

21. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

22. Prevailing Wages.
a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. 8 b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced.
c. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions.

Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810.

23. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page]
9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
NPG, Inc., a Corporation
City Manager
ATTEST:

By: Jeff Nelson
Its: President
City Clerk
APPROVED AS TO FORM:

By: Click or tap here to enter text.

Its: Click or tap here to enter text.

City Attorney
Assistant City Manager

EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Rick DeSantiago, Public Works Manager
Date: July 11, 2023
Subject: Amendment No. 2 to the Agreement for Contractor Services with RP Landscape & Irrigation, Inc. for Citywide Park Maintenance Services Recommendation
Approve and authorize the City Manager to execute Amendment No. 2 to the Agreement with RP Landscape & Irrigation, Inc. for Citywide Park Maintenance Services to increase compensation by an additional $98,500.00 for a total amount not to exceed $1,047,542.00 per Fiscal Year in such final form as approved by the City Attorney.

Background
The City entered into Original Contractor Services Agreement on October 27, 2020, for $743,042.00 for Citywide Park Maintenance Services. On June 28, 2022, the City approved Amendment No. 1 by an additional $206,000.00 to cover additional services. The City of Lake Elsinore is responsible for maintaining City-owned parks, beaches, parking lots, and parkways; and due to the high volume of maintenance work this job entails, the City contracts with vendors to supplement staff’s efforts to keep up with the workload.

Discussion
Amendment No. 2 is being requested to incorporate additional landscape maintenance services for parks and community facilities, plant replacement and unforeseen repairs completed by RP Landscape & Irrigation, Inc. at City request. These additional services are itemized in the invoices attached to the proposed Amendment No. 2.

Fiscal Impact
Funds are available in the FY22-23 Annual Citywide Landscape Maintenance Program and Operating Budget.

Amendment No. 2 for Contractor Services with RP Landscape

Attachments
Attachment 1- Amendment No. 2
Exhibit A - Invoices
Attachment 2 - Amendment No. 1
Attachment 3 - Original Agreement
AMENDMENT NO. 2

TO AGREEMENT FOR CONTRACTOR SERVICES
RP Landscape & Irrigation, Inc.

Annual Citywide Landscape Maintenance Services
This Amendment No. 2 to Agreement for Contractor Services is made and entered into as of 7/11/2023, by and between the City of Lake Elsinore, a municipal corporation (“City), and RP Landscape & Irrigation, Inc., a Corporation (“Contractor”).

RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of 10/27/2020, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

B. The Original Agreement provided for compensation to Contractor in an amount of Seven Hundred Forty-Three Thousand Forty-Two dollars ($743,042.00).

C. The Original Agreement had a term commencing on November 1, 2020, and ending June 30, 2023. The City may, at its discretion, extend the term of this Agreement on a 12- month basis not to exceed 2 additional twelve (12) month renewal terms.

D. Amendment No. 1 to the Original Agreement was executed on 6/28/2022 to increase the amount of compensation by Two Hundred Six Thousand Dollars and Zero Cents ($206,000.00).

E. The parties now desire to increase the payment to compensate Contractor for additional landscape maintenance services for parks and community facilities, plant replacement and unforeseen repairs completed at City request as set forth in this Amendment No 2.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows:

1. Section 1, Scope of Services, of the Original Agreement is hereby amended to add the following:

Contractor shall also perform the services described in Contractor ’s 5/29/2023 Invoices (attached to this Amendment No. 2 as Exhibit A-1).

2. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows:

Notwithstanding the foregoing, for the purposes of Amendment No. 2 and the term thereof, compensation to be paid to the Contractor shall be in accordance with the Schedule of Charges set forth in Contractor ’s Invoices (Exhibit A-1). In no event shall Contractor ’s compensation related to Exhibit A-1 to Amendment No. 2 exceed One Million FortySeven Thousand Five Hundred Forty-Two Dollars and Zero Cents. ($1,047,542.00) for Fiscal Year 22-23 without additional written authorization from the City Council.

Notwithstanding any provision of Contractor ’s invoices to the contrary, out of pocket expenses set forth in Exhibit A-1 respectively, shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
RP Landscape & Irrigation, Inc., a Corporation
City Manager
Date:

Roy Perez, Owner
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

Assistant City Manager
Attachments: Exhibit A-1 – Contractor ’s Proposal
EXHIBIT A-1
CONTRACTOR ’S PROPOSAL
[ATTACHED]

AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACTOR SERVICES
RP Landscape & Irrigation, Inc.

Annual Citywide Landscape Maintenance Services
This Amendment No. 1 to Agreement for Contractor Services is made and entered into as of 6/28/2022, by and between the City of Lake Elsinore, a municipal corporation (“City), and RP Landscape & Irrigation, Inc., a Corporation (“Contractor”).

RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of 10/27/2020, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

B. The Original Agreement provided for compensation to Contractor in an amount of Seven Hundred Forty-Three Thousand Forty-Two dollars ($743,042).

C. The Original Agreement had a term commencing November 1, 2020 and ending June 30, 2023. The City may, at its sole discretion, extend the term of this Agreement on a 12- month basis not to exceed 2 additional twelve (12) month renewal terms.

D. The parties now desire to amend the scope of services and increase the payment for such services as set forth in this Amendment No 1.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows:

1. Section 1, Scope of Services, of the Original Agreement is hereby amended to add the following:

Contractor shall also perform the services described in Contractor ’s 6/1/2022 Proposal (attached to this Amendment No. 1 as Exhibit A-1).

Contractor shall provide such services at the time, place, and in the manner specified in Exhibit A-1, subject to the direction of the City through its staff that it may provide from time to time.

2. Section 2, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows:

Notwithstanding the foregoing, for purposes of Amendment No. 1 and the term thereof, compensation to be paid to Contractor shall be in accordance with the Schedule of Charges set forth in Contractor ’s Proposal (referenced collectively as Exhibit A-1 Amendment No. 1). In no event shall Contractor ’s compensation related to Exhibit A-1 to Amendment No. 1 exceed Nine Hundred Forty-Nine Thousand Forty-Two dollars ($949,042) without additional written authorization from the City Council.

3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.

DocuSign Envelope ID: 9E3C346B-BB5E-403B-8B09-AF00EB7F58E7 IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
RP Landscape & Irrigation, Inc., a Corporation
City Manager
Date:

Roy Perez, Owner
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
Attachments: Exhibit A-1 – Contractor ’s Proposal
DocuSign Envelope ID: 9E3C346B-BB5E-403B-8B09-AF00EB7F58E7 7/7/2022 | 4:38 PM PDT 7/7/2022 | 4:10 PM PDT
EXHIBIT A-1
CONTRACTOR ’S PROPOSAL
[ATTACHED]
DocuSign Envelope ID: 9E3C346B-BB5E-403B-8B09-AF00EB7F58E7 DocuSign Envelope ID: 9E3C346B-BB5E-403B-8B09-AF00EB7F58E7 DocuSign Envelope ID: 9E3C346B-BB5E-403B-8B09-AF00EB7F58E7 DocuSign Envelope ID: 9E3C346B-BB5E-403B-8B09-AF00EB7F58E7 DocuSign Envelope ID: 9E3C346B-BB5E-403B-8B09-AF00EB7F58E7 DocuSign Envelope ID: 9E3C346B-BB5E-403B-8B09-AF00EB7F58E7 RP Landscape & Irrigation
PO Box 1200
San Bernardino, CA 92402
NAME / ADDRESS Ship To
Estimate
DATE ESTIMATE NO.
5/12/2022 192
City of Lake Elsinore
Finance Department
130 S Main Street
Canyon Hills Park
Lake Elsinore, CA 92530

DESCRIPTION
Here's the price to overseed two baseball fields with Hybrid Bermuda grass seed.

I. Fill in low spots with top soil.

2. Treat weeds in turf before seeding.

3. Adjust and repair irrigation reset valve boxes to level.

4.Treat for rodents.

5. Seed with Hybrid Bermuda.

Total Materials & Labor
Total Materials & Labor
Please Sign For Aproval and Return. Estimate good for 30 days.

P.O. NO. TERMS PROJECT
Due on receipt
QTY Total
12,681.23

35.00 Total $12,716.23
L----------------------'---------_,,...:;;-....,..,... ~1 Phone# ~'ff E-mail
909-889-9987 [email protected]
DocuSign Envelope ID: 9E3C346B-BB5E-403B-8B09-AF00EB7F58E7 RP Landscape & Irrigation
PO Box 1200
San Bernardino, CA 92402
NAME/ADDRESS Ship To
Estimate
DATE ESTIMATE NO.
3/23/2022 183
City of Lake Elsinore
Finance Department
130 S Main Street
Canyon Hills Park/Soccer Field II
Lake Elsinore, CA 92530
P.O. NO.

DESCRIPTION
Here's the price to reseed Soccer Field next to restrooms with Sport Field II Bermuda grass seed.

We will be leveling low spots with top soil and install temporary chain link fencing.

Total Materials & Labor
Increase 5% for Grass Seed & Fertilizer
We appreciate your prompt payment.

Phone# E-mail
909-889-998 7 [email protected]
TERMS
QTY
Total

PROJECT
Total
13,425.00
671.25
$14,096.25
DocuSign Envelope ID: 9E3C346B-BB5E-403B-8B09-AF00EB7F58E7 RP Landscape & Irrigation
PO Box 1200
San Bernardino, CA 92402
NAME/ADDRESS Ship To
Estimate
DATE ESTIMATE NO.
3/23/2022 184
City of Lake Elsinore
Finance Department
130 S Main Street
Alberhill Park Soccer Fields
Lake Elsinore, CA 92530
P.O. NO.

DESCRIPTION
Here's the price to reseed soccer field with Sport Field II Bermuda grass seed.

We will be leveling low spots with top soil and install temporary chain link fencing.

Total Materials & Labor
Increase of5% for Grass Seed & Fertilizer
We appreciate your prompt payment.

Phone# E-mail
909-889-9987 [email protected]
TERMS
QTY
Total

PROJECT
Total
34,457.00
1,722.85
$36,179.85
DocuSign Envelope ID: 9E3C346B-BB5E-403B-8B09-AF00EB7F58E7 RP Landscape & Irrigation
PO Box 1200
San Bernardino, CA 92402

NAME/ADDRESS
City of Lake Elsinore
Finance Department
130 S Main Street
Lake Elsinore, CA 92530

DESCRIPTION
Ship To
Summerly Park
P.O. NO.

Here's the price to over seed 4-baseball fields, I-soccer field, also turf area between ballfields and dog park.

I. Fill in low spots with top soil.

2. Treat weeds in turf before seeding.

3. Adjust and repair irrigation reset valve boxes to level.

4.Treat for rodents.

5. Seed with Hybrid Bermuda.

6. Temporary Fencing.

All turf will be arerated to break up soil and to drop seed for optimal growth.

Total Materials & Labor
Please Sign For Aproval and Return. Estimate good for 30 days.

Phone# E-mail
909-889-9987 [email protected]
Estimate
DATE ESTIMATE NO.
5/ 12/2022 191

TERMS PROJECT
Due on receipt
QTY Total
53,853.45
Total
DocuSign Envelope ID: 9E3C346B-BB5E-403B-8B09-AF00EB7F58E7 ao, ' /'4 ACOR CERTIFICATE OF LIABILITY INSURANCE

DATE (MM'DTYYYYY)
0211112022
rXIS CTiITICATE IS ISSUEDASA MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFIGATE HOLDER. THIS CERTIFTCATE DOES NOT AFFIRMANVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLIC]ES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSNTUTE A CONTRACT BETWEEN THE ISSUING TNSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. e ADDITIONAL INSURED provisions or be endorsed.
lf SUBRoGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endotsemenL A statement on this certificate does not confer rights to the certificate holder in Iieu of such endorsemen(s).

PRODT'CER
Central City lnsurance Agency, lnc.
1030 Novada Street
Suite 106
Redlands cA 92374
$PU$"t Patricia \ hgner,clc,clSR
mr".*. (eoe) 307-6076 I [it. no,, (soe) 7e8-4107
E-.$flh"., [email protected]
INSURER(S) AFFORDING COVERAGE NAIC f
tNsuRERA: Scottsdale lns Co 41297

INSURED
Roy Perez dba R P Landscape & lrrigalion
PO. Box'1200
san Bernardino cA 92402
INSURER B: CAAUTO 38342
tNsuRER c. Preferred Professional lnsurance Company 36234 INSURER D:

INSURER E:
pF.

CERTIFICATE NUMBER: 2022-2023 REVISION NUMBER: COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W|TH RESPECT TO WFIICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS' ExcLUSloNSANDcoNDlTloNsoFsUcHPoLlclEs.LlMlTSSHo\^/NMAYHAVEBEENREDUCEDBYPA|DcLAlMS_

COMMERCIAL GENERAL LIABILITY
.LA,M.-MADE l-Xl o""r*
GEN'L AGGREGATE LIMIT APPLIESPER:
,",.' E 3E& [-l ,-*
oW\]ED f\.,I SCHEDULED
Auros oHt-v I ,al AUTos HrREo Jr.zl tloNovweo
AUToS ONLY E}I AUTOS ONLY
BOOILY INJURY (Per person)
EMPLOYERS'UABILIW YrN

PROPRIETOFYPARTNER/EXECUTIVE
CERAiIEMBER EXCLUDED?
datory In NH)
ffiocAnoNs,vEHlcLEs(AcoRD101,AddltlonalRemark3schedule,maybe.ttached|fmorcspacelsrequlred) The City, its elected or appointed offcers, officials, employees,agents and volunteers are to be mvered as additional insured with respect to liability arising out of work performed by or on behalf of ihe contractor, incrrJin-g-r"teiials, parrs or equipment furnished in connection with such work or operations' and are named asAdditonal lnsured per BlanketAdditional lnsured endorsement GLS'150s 07 09 primary and Non Contributory applies per endorsement CG io oi lz-t s, \A/aiver of Subrogation for General Liability- applies per endorsemenl CG 24 04 12 19 As regards Automobite coverage \ laiver and Blanket additional insured applies per en-dorsement McA851oo817-cA 30 day notice for cancellation' 10 day notice for cancellation by non-payment

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

City of Lake Elsinore
521 N Langstaff Street
Lake Elsinore
O f ggg-ZOf S ACORD CORPORATION. All rights reserved'
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD FEB I 8 A$EE
DocuSign Envelope ID: 9E3C346B-BB5E-403B-8B09-AF00EB7F58E7

ATYACHEO TO A'ID
PiOLICY IIUI'EER
EttooRSE aEt{t EttEcIvE o rE
(t2:Ol lL. SIAIO RD,UaE) AGETTIO.
cPs7461114 LO/19/202a ROY PEREZ DBA R P I,ANDSCAPE & fRRIGATION 0402'1 -/L r"*rrDALE rNsuRANcE ..MPANY@
With respect io this endorsement, SECTION ll-WHO lS
AN INSURED is amended to include as an additional insured any p6r6on or organization whom you a(e requirod lo edd as an addiiional insured on this policy under a wrillen conkact, wrillen agreement or wrillen permil which must be:
a. Cun€ntly in 6fl6ct or bocoming effective during
the term ofthe policy; and
b, Execuled prior to the'bodily injury,' 'property
damage,' or "personal and adve ising iniury.'
The insurance provided to lhess additional insuleds is limited as follows:
1, That person or organization is an addilional insured only with respect lo liability for "bodily injury,'
'proporiy damage' or "personal and advertising
iniuqf caused, in whole or in Part, by:
a, Your acts or omissions; or
b. The acts or omissions of thoso acting on your
behalf.

A person's or organization's status as an additional insured under this endorsement ends wlten your operations for that additional insured are
completed.

2. With raspect to the insurance afforded to those
additional insureds, the following sxclusions are
added to item 2. Exclusions of SEcTloN lCOVERAGEST
This insurance does not apply to'bodily iniury,'
'property damago- or'personal and adverlising
inju4f occuning after:

ENDORSEMENT NO.-
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT GAREFULLY.

BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modities insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
a. All work, including materials, parls or equipment furnished in conneclion with such work, on th6 projoct (othar than servic6, maintenance or repairs) to be performed by or on behalf of lhe additional insured(s) at the location of the covered operalions has been completed; or b. Thal portion of "your work' out o, which the iniury or damage arises has been put to its intended use by any person or organization other than another conlractor or subcontraclor engaged in performing operations for a principal as a part of the same proi6ct.

The limits of insuranco applicable to ths addilional
insured are those specified in lhe wrillen contract,
written agreement or w,illen p€rmit or in the Declarations for this policy, whichever is less. These limils of insuranco are inclusive of, and nol in addilion to, lhe Limits of Insurance sho$rn in lhe Declarations for this policy.

Coverage is not provided lor 'bodily injury,"
'property damage,' or'personal and advertising
injury'arising out of lhe sole negligence of lhe
additional insured.

The insurance provided to the additional insured
do6s noi apply to'bodily injury,' "property damage,"
or "personal and advertising iniuD/ arising out of
an architect's, enginee/s or surveyo/s rendering
of or failure to render any professional services
including:
lncludog clpydghled maledal of lso Propertlos, lnc., wilh ils pormis6ion.

Copyrlght, ISO Prope.ties, lnc., 20(x
Page I ol2 cLS-1sos (7-06)
DocuSign Envelope ID: 9E3C346B-BB5E-403B-8B09-AF00EB7F58E7 b.

The prepailng, approving or failing to prepare
or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specificaiions; and
Supervisory, inspeclion, architectural or engineering activilies.

Any coverage provided hereunder will be excess
over any other vatid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written conlract specifically requires that this insurance be pdmary.

When this insurance is excess, we will have no du'
ty under SECTION I-COVERAGES to defend the
additional insured against any 'suit' if any other insurer has a duty to defend the addilional insured against that 'suit.' lf no other insurer defends, we
will undertake to do so, but we will be entilled to the additional insured's righls against all those other
insurers.

6. AUTHORIZED REPRESENTATIVE
lncludes copyilghted material of ISO Properlk s, lnc., wilh its pBrmlssion.

Copytighl, ISO ProPerlles, lnc., 2004
GLS-150s fa-06) Page 2 of 2
DATE
DocuSign Envelope ID: 9E3C346B-BB5E-403B-8B09-AF00EB7F58E7

COMMERCIAL GENERAL LIABILITY
cG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.

PRIMARY AND NONGONTRIBUTORY .

OTHER INSURANCE CONDITION
This andorsement modifios insurance provided under the following:

COMMERCIAL GENEML LIABILITY COVEMGE PART

LIOUOR LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVEMGE PART
The following is added to the other lnsurance (2) You have agJeed.il witing in a conlract or Conaition iriO supersedes any plovision to th€ agreement that lhis insurance would be conlrary: primary and. would not seek ..contlibution
prlmary And Noncontributory lnsurance fj:$,fl], othar insuranca available to the This insurance is primary to and will not seek
contribution from any other insulance available to
an addilional insured under your policy ptovided
that:
{1) Th6 additional insured is a Namod lnsured
under such olher insurancei and
cG 20 01 12 '19 O lnsuranca Services Office, lnc., 2018 Pags 'l of I DocuSign Envelope ID: 9E3C346B-BB5E-403B-8B09-AF00EB7F58E7 POLICY NUMBER: CPS7461114
THIS ENDORSEMENT CHANGES THE POLICY.

COMMERCIAL GENERAL LIABILITY
cG 24 0412'.19

PLEASE READ IT CAREFULLY,

WAIVER OF TRANSFER OF RIGHTS OF REGOVERY

AGATNST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsoment modifies insurance provided under tha following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES

POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILIry COVERAGE PART

UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS

SCHEOULE
Name Of Porson(s) Or Organlzatlon{s):

ANY PERSON OR.6RGANIAATION WiTB TTHOM TITE INST'RED HAS AGREED TO WAIVE RIGHTS OF REcovERY,PRoVIDEDSUCHAGREEMENTISMADEINI{RTTINGA}IDPRIoRToTHEl,oss.

I'NITED STATES
lo comDlote this Schedule, if not shown above, will be shown in Tho following ls added to Paragraph 8. Transfar Of
Rights of Recovery Against others To IJs of
Section lv - Condltions;
W6 waive any rlght of rocovsry against the person(s)
or organization(s) shown in tha Schedule abovo
becauso of paymonts we maks under this Coveraga
Part. Such waiver by us applies only to the extent that the lnsursd has waived its right of recov€ry against
such p6rson(s) or organization(s) prior to loss. This
endorsamani applies only to the porson(s) or
organization(s) shown in lhs Schedule above.
cc 24 04 12 19 @ lnsurance Servic€s office, |nc.,2018 Page I of 1 DocuSign Envelope ID: 9E3C346B-BB5E-403B-8B09-AF00EB7F58E7 ,igo;+.riri 4
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:?o.uiy,r{q. ON 'L ?? oo-o! :gr{oFenq,ilf{,01,
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DocuSign Envelope ID: 9E3C346B-BB5E-403B-8B09-AF00EB7F58E7 f\
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Business Auto Broadening Endorsement
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
r. NEWLY ACQUTRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) II. EMPLOYEES AS ]NSUREDS
III. AUTOMATIC ADDITIONAL INSURED
IV. EMPLOYEE HIRED AUTO LIABILIW
V. SUPPLEMENTARYPAYMENTS
VI. FELLOW EMPLOYEE COVERAGE
VII. ADDITIONALTRANSPORTATION EXPENSE
VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE
IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE
x. LoAN/LEASE GAP COVERAGE
XI. GLASS REPAIR - DEDUCTIBLE WAIVER
XII. TWO OR MORE DEDUCTIBLES
XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS XIV. WAIVER OF SUBROGATION

XV, UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE

XVII, PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT XVIII. HIRED AUTO - COVERAGE TERRITORY
XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH Copyright 2017 Mercury lnsurance Services, LLC' All rights reserved.

MCA85100817-CA lncludes copyrighted material of lnsurance Services Office, lnc., with its Permission Page 1 of 6 DocuSign Envelope ID: 9E3C346B-BB5E-403B-8B09-AF00EB7F58E7 il.
lll.
lv.

V.

BUSINESS AUTO COVERAGE FORM
NEWLY ACQUIRED OR FORMED ENTIW (Broad Form Named lnsured) SECTION il - LIABILITY COVERAGE, A. Coverage, 1. Who ls An lnsured, the following is added:
d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended upto a maximum of 180 days following acquisition or formation of the business entity.

Coverage under this provision is afforded only until the end of the policy period.

Coverage does not apply to an "accident" which occurred before you acquired or formed the orga nization'

EMPLOYEES AS INSUREDS
SECTION lt - LIABILITY COVERAGE, A. Coverage, 1. Who ls An lnsured, the following is added:
e. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs.

AUTOMATIC ADDITIONAL I NSU RED
SECTTON ll - L|ABILITY COVERAGE, A. Coverage, 1. Who ls An lnsured, the following is added:
f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who ls An lnsured provision contained in Section ll.

EMPLOYEE HIRED AUTO LIABILITY
SECTION ll - LIABILITY COVERAGE, A. Coverage, 1. Who ls An lnsured, the following is added:
g. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business.

SUPPLEM ENTARY PAYM ENTS
SECTION ll - LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Subparagraphs (2) and (4) are replaced by the following:
(2) Up to S3,0OO for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We are not obligated to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to 5500 a day because of time off from work' Copyright 2017 Mercury lnsurance Services, LLC. All rights reserved.

MCA85100817-CA lncludes copyrighted material of lnsurance Services Office, lnc., with its Permission Page 2 of 6 DocuSign Envelope ID: 9E3C346B-BB5E-403B-8B09-AF00EB7F58E7 VI. FELLOW EMPLOYEE COVERAGE:

SECTION ll - LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee This exclusion does not apply if you have workers' compensation insurance in-force covering all of your "employees". Coverage is excess over any other collectible insurance.

V!I. ADDITIONALTRANSPORTATIONEXPENSE
SECTION lll - PHYSICAL DAMAGE COVERAGE, A. Coverage,4. Coverage Extensions, a. Transportation Expenses, is replaced with the following:

We will pay up to 550 per day to a maximum of STOOO for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or wepayforits"loss". lfyourbusinessshownintheDeclarationsisotherthananauto dealership, we will also pay up to 51,000 for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location.

VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE
SECTION lll - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, the following is added:
c. lf Liability Coverage is provided in this policy on a Symbol 1 or a Symbol 8 basis and Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire, subject to the following limit:
(1) The most we will pay for "loss" to any hired "auto" is S50,000 or Actual Cash Value or Cost of Repair, whichever is less
(2) 5500 deductible will apply to any loss under this coverage extension, except that no deductible shall apply to "loss" caused by fire or lightning Subject to the above limit and deductible we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own of similar size and type. This coverage extension is excess coverage over any other collectible i nsu ra nce,
IX. ACCIDENTAT AIRBAG DEPLOYMENT COVERAGE
SECTTON lll - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., is amended to add the following:

This exclusion does not apply to the accidental discharge of an airbag.

Copyright 2017 Mercury lnsurance Services, LLC. All rights reserved' MCA8S10O817-CA lncludes copyrighted material of lnsurance Services Office, lnc., with its Permission Page 3 of 6 DocuSign Envelope ID: 9E3C346B-BB5E-403B-8B09-AF00EB7F58E7 X. LOAN/LEASE GAP COVERAGE
SECTTON ilt - pHYS|CAL DAMAGE COVERAGE C. Limit of lnsurance, the following is added:

4. ln the event of a "total loss" to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto," less:
a. The amount paid under the Physical Damage Coverage Section of the policy; and
b. AnY:
(1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormalwear and tear or high mileage.
(3) Security deposits not returned by the lessor;
(4) Costs for extended warranties, Credit Life lnsurance, Health, Accident or Disability lnsurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases.

The most we will pay under Auto Loan/Lease Gap Coverage for an insured auto is 25% of the actual cash value of that insured auto at the time of the loss' XI. GLASS REPAIR. DEDUCTIBLE WAIVER
SECTTON ill - PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added:

No deductible applies to glass damage if the glass is repaired rather than replaced.

XII. TWO OR MORE DEDUCTIBLES
SECTION lll -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added:
lf two or more "company" policies or coverage forms apply to the same accident:

1. lf the applicable Business Auto deductible is the smallest, it will be waived; or

2. lf the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or

3. lf the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived.

For the purpose of this endorsement "company" means the company providing this insurance and any of the affiliated members of the Mercury lnsurance Group of companies.

XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in SECTION lV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties ln The Event Of Accident, Claim, Suit, Or Loss, a., ln the event of "accident", you must notify us of an "accident" applies only when the "accident" is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability company; or (a) An executive officer or insurance manager, if you are a corporation.

Copyright 2017 Mercury lnsurance Services, LLC, All rights reserved.

MCA851OO817-CA lncludes copyrighted material of lnsurance Services Office, lnc., with its Permission Page 4 of 5 DocuSign Envelope ID: 9E3C346B-BB5E-403B-8B09-AF00EB7F58E7 XIV. WAIVER OF SUBROGATION
SECIION lV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, section is replaced by the following:

5. Transfer Of Rights Of Recovery Against Others To Us
We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed priorto any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract.

XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HMARDS SECTION lV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, or Fraud, the following is added:

Any unintentional omission of or error in information given by you, or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights underthis insurance. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery.

This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal.

XVI. EMPTOYEE HIRED AUTO PHYSICAL DAMAGE
SECTION lV - BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other lnsurance, b, For Hired Auto Physical Damage Coverage, is replaced by the following:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:

1. Any covered "auto" you lease, hire, rent or borrow; and

2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business.

However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto",
XVII. PRIMARY AND NONCONTRIBUTORY IF REqUIRED BY CONTRACT SECTION lV - BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other lnsurance, the following is added and supersedes any provision to the contrary:
e. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that:
(1) The additional insured is a Named lnsured under such other insurance; and {21 You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.

Copyright 2017 Mercury lnsurance Services, LLC, All rights reserved.

MCA85100817-CA lncludes copyrighted material of lnsurance Services Office, lnc., with its Permission Page 5 of 6 DocuSign Envelope ID: 9E3C346B-BB5E-403B-8B09-AF00EB7F58E7 xvill. HIRED AUTO. COVERAGE TERRITORY
SECTTON tV - BUSINESS AUTO CONDITIONS, B. General Conditions, 7" Policy Period, Coverage Territory, e. Anywhere in the world if:, is replaced by the following:
e. Anywhere in the world if:
(1) A covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and
(Z) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to.

BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V - DEFINITIONS, C. "Bodily lnjury" is amended by adding the following:
"Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease.

Copyright 2017 Mercury lnsurance Services, LLC' All rights reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with its Permission xtx.

MCA85100817-CA Page 6 of 6
DocuSign Envelope ID: 9E3C346B-BB5E-403B-8B09-AF00EB7F58E7

CITY OF LAKE ELSINORE

TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:

Business Location:

Owner Name(s):

BUSINESS LICENSE NO.

Issue Date: Expiration Date:

BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
1905 W RIALTO AVE Business Type:

SAN BERNARDINO, CA 92410-1618

RP LANDSCAPE & IRRIGATION
PO BOX 1200
SAN BERNARDINO, CA 92402-1268
This business license is issued for revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency.

Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124

RP LANDSCAPE & IRRIGATION

ROY PEREZ

LANDSCAPING CONTRACTOR
025530
12/1/2021 11/30/2022
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ DocuSign Envelope ID: 9E3C346B-BB5E-403B-8B09-AF00EB7F58E7 RP Landscape & Irrigation Inc. - Agreement Page 1

AGREEMENT FOR CONTRACTOR SERVICES
RP Landscape & Irrigation, Inc.

Annual Citywide Landscape Maintenance Services
This Agreement for Professional Services (the “Agreement”) is made and entered into as of October 27, 2020, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and RP Landscape & Irrigation, Inc., a Corporation ("Contractor").

RECITALS
A. The City has determined that it requires the following professional services:

Landscape services for parks, beaches and parkways.

B. Contractor has submitted to City a proposal, dated August 25, 2020, attached hereto as Exhibit A (“Contractor’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.

C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein.

D. City desires to retain Contractor to perform the services as provided herein and Contractor desires to provide such professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. Contractor shall perform the services described in Contractor’s Proposal (Exhibit A). Contractor shall provide such services at the time, place, and in the manner specified in Contractor’s Proposal, subject to the direction of the City through its staff that it may provide from time to time.

2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Contractor’s Proposal (Exhibit A). b. Performance Schedule. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Contractor’s Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager.
c. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69