Agenda packet — Lake Elsinore City Council, August 8, 2023 (part 1 of 2)

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:

August 08, 2023

Closed Session: NONE
Public Session: 7:00 PM

Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530

The City of Lake Elsinore appreciates your attendance. Citizens’ comments, input and interests provide the City Council with valuable information regarding issues of the community.

Meeting Information
Meetings are held on the 2 nd and 4 th Tuesday of every month, and the agenda is posted 72 hours prior to each meeting outside of City Hall. The agenda and related reports are also available on the City’s website at www.Lake-Elsinore.org. Meetings are conducted in person, televised live on Spectrum Cable Station Channel 29 and Frontier Cable Channel 31, and streamed online at http://www.lake-elsinore.org/city-government/city-council/webcast-videos. If you are attending the meeting in person, please park in the parking lot across the street from the Cultural Center to assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation.

Public Comments – Addressing the City Council
Any person wishing to address the City Council on items not included on the Agenda may do so during Public Comments for 1 minute at the beginning of the meeting or during Public Comments for 3 minutes at the end of the meeting. We respectfully ask those interested in addressing the City Council to either submit a request to speak online at http://www.lake-elsinore.org/city- government/agendas-and-minutes or complete and present a “Request to Speak” form to the City Clerk at the meeting. This Form is available on the table located inside the Council Chamber.

Members of the public may also provide comments on Agenda items by noting the item on the “Request to Speak” form and will be called to address the City Council when the item is considered by the City Council during the meeting.

Written Communications
If you would like to submit written public comments, you may do so prior to the meeting either by entering them online at the link above or emailing them to the City Clerk at calvarez@lake- elsinore.org. Any written communications or additional documents distributed to the City Council within 72 hours of the meeting will also be made available to the public in accordance with Government Code Section 54957.5.

Accessibility Accommodations
In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk’s Department at (951) 6743124 Ext. 269, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility

City Council Agenda - Final August 08, 2023

City of Lake Elsinore Page 2

Dream Extreme 2040 is the City’s FIRST long-term strategic plan to assist the City in its pursuit of achieving its vision. The plan is a living document that will be updated regularly and serve as the framework to guide all decision-making over the next 20 years by identifying key Anchors, Aspirations, and Strategies.

Our Vision is the City of Lake Elsinore will be the ultimate destination where all can live, work, play, build futures, and fulfill dreams.

The Anchors are the City of Lake Elsinore’s unique community assets and opportunities: The Lake, Downtown, and Action and Adventure.

• The Lake: Lake Elsinore is a vital community asset. Protecting, enhancing, and celebrating the Lake is critical to Lake Elsinore’s City and community health.

• Downtown: Enhancing and creating the highest quality downtown experience will serve to create a strong sense of place that will shape the City’s identity as a place where residents and visitors can live, work, and play.

• Action and Adventure: Lake Elsinore’s programs, facilities, and natural environment will define the City as a destination for action and adventure for both visitors and residents.

Our Aspirations are broad, long-term goals that encapsulate what we hope to achieve in Lake Elsinore’s future. The City has identified 4 key aspirations to work towards.

Items on the agenda that align with Aspirations from the Dream Extreme 2040 Plan are noted by the Aspiration’s icon to highlight City Council actions that help the City pursue its goals.

To read the plan and learn more about its implementation in the City, visit www.Lake-Elsinore.org/DreamExtreme2040.

City Council Agenda - Final August 08, 2023

City of Lake Elsinore Page 3

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

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

1) Minutes of the Regular City Council Meeting of July 25, 2023

Approve the Minutes.

2) Independent Contractor Agreement for Instruction with Lorena Hancock

Approve and authorize the City Manager to execute the Independent Contractor Agreement with Lorena Hancock in an amount not to exceed $75,000, in such final form as approved by the City Attorney.

3) Road Closure for Taco Fest

Approve Temporary Street Closures for Taco Fest on August 19, 2023.

4) Professional Services Agreement with Triple Crown Sports, Inc. (TC Sports) for Operational Services of Rosetta Canyon Sports Park

Approve and authorize the City Manager to execute a Professional Services Agreement with TC Sports, Inc. in an amount not to exceed $150,000.00 per year for management services, $62,400 for field maintenance, plus reimbursable for Rosetta Canyon Sports Park, in such final form as approved by the City Attorney.

5) Amendment No. 3 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. 3 to the Agreement with RP Landscape & Irrigation, Inc. for Citywide Park Maintenance Services to increase compensation by an additional $61,920.14 for a total amount not to exceed $1,109,462.14 per Fiscal Year in such final form as approved by the City Attorney.

City Council Agenda - Final August 08, 2023

City of Lake Elsinore Page 4

6) Amendment No. 3 to the On-Call Contractor Services Agreement with Alvarez Enterprise Services for Monthly Janitorial Services for City Parks

Approve and authorize the City Manager to execute Amendment No. 3 to the contract with Alvarez Enterprise Services in an amount not to exceed $44,717.04 for four (4) months of Monthly Janitorial Services for City Parks, with such amendment to be prepared and approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $4,471.00 for uncertainties and adjustments.

SUCCESSOR AGENCY CONSENT CALENDAR

7) Minutes of the Regular Successor Agency Meeting of July 25, 2023

Approve the Minutes.

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES

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, August 8, 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, August 3, 2023.

_________________________
Candice Alvarez, MMC
City Clerk

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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: August 8, 2023
Subject: Minutes of the Regular City Council Meeting of July 25, 2023 Recommendation
Approve the Minutes.

Attachments
Attachment 1 - Draft Minutes

City of Lake Elsinore
City Council Meeting
Minutes – Draft

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 25, 2023

Closed Session: 5:30 PM
Public Session: 7:00 PM

Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530

CALL TO ORDER – 5:00 P.M.

The Regular Meeting of the City Council was called to order at 5:30 p.m.

ROLL CALL

Present: 5 - Mayor Johnson Mayor Pro Tem Manos Council Member Tisdale Council Member Sheridan Council Member Magee

Absent: 0 - None

PUBLIC COMMENTS FOR CLOSED SESSION ITEMS

There were no speakers.

CLOSED SESSION

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Gov’t Code Section 54956.9: 1 Potential Case

RECONVENE/CALL TO ORDER – 7:00 P.M.

The Regular Meeting of the City Council reconvened and the Regular Meeting of the Successor Agency was called to order at 7:00 p.m.

PLEDGE OF ALLEGIANCE

Council Member Magee led the Pledge of Allegiance.

MOMENT OF SILENCE

City Council Minutes - Draft July 25, 2023

City of Lake Elsinore Page 2 :

ROLL CALL

Present: 5 - Mayor Johnson Mayor Pro Tem Manos Council Member Tisdale Council Member Sheridan Council Member Magee

Absent: 0 - None

CLOSED SESSION REPORT

City Attorney Leibold reported that one item was discussed; however, no reportable action was taken.

PRESENTATIONS/CEREMONIALS

1) CalFire 2023 Second Quarter Statistical Update

Chief Olson presented the update.

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - ONE MINUTE

Ace Vallejos was called to speak.

Amber Grafton was called to speak.

Ray Stinnett was called to speak.

Elin Fick was called to speak.

CITY COUNCIL CONSENT CALENDAR

A motion was made by Council Member Tisdale, seconded by Mayor Pro Tem Manos to approve the City Council Consent Calendar with Item No. 9 being removed from the City Council Consent Calendar for discussion. The motion carried by the following vote:

Aye: 5 Mayor Johnson, Mayor Pro Tem Manos, Council Member Tisdale, Council Member Sheridan, Council Member Magee
Nay: 0 None

2) Minutes of the Regular City Council Meeting of July 11, 2023

Approve the Minutes.

This item was approved on the City Council Consent Calendar.

3) CC Warrant Report Dated Jun 16, 2023, to Jun 22, 2023

Receive and File.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft July 25, 2023

City of Lake Elsinore Page 3 :

4) CC Warrant Report Dated Jun 23, 2023, to Jun 29, 2023

Receive and File.

This item was approved on the City Council Consent Calendar.

5) CC Investment Report for June 2023

Receive and file the Investment Report for June 2023.

This item was approved on the City Council Consent Calendar.

6) Professional Services Agreement with Securitas Security Services USA, Inc. for Security Services at Launch Pointe RV Resort

Approve and authorize the City Manager to execute a Professional Services Agreement with Securitas Security Services USA, Inc. for Security Patrol Services at Launch Pointe RV Resort in the amount not to exceed $205,000 plus a 10% contingency for unforeseen additional security needs in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

7) Professional Services Agreement with Hit Print, Inc. for Marketing and Web Support Services for Launch Pointe

Approve and authorize the City Manager to execute a Professional Services Agreement with Hit Print, Inc. in an amount not to exceed $30,000 for marketing and web support services for Launch Pointe in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

8) Main Street Eats Food Event Street Closures - Downtown

Approve Road Closures for the Main Street Eats event to be held on Saturday, July 29, 2023.

This item was approved on the City Council Consent Calendar.

9) Professional Services Agreement with Triple Crown Sports, Inc. (TC Sports) for Operational Services of Rosetta Canyon Sports Park

This item was removed from the City Council Consent Calendar for discussion.

City Council Minutes - Draft July 25, 2023

City of Lake Elsinore Page 4 :

10) Quitclaim and Grant Deeds for Interstate 15/Railroad Canyon Road Interchange Project

Authorize City Manager to execute grant deeds to the State of California Department of Transportation (Caltrans) for the Interstate 15/Railroad Canyon Road Interchange project and to execute certificates of acceptance for the quitclaim deeds from Riverside County Transportation Commission (RCTC) related to the Interstate 15/Railroad Canyon Road Interchange project.

This item was approved on the City Council Consent Calendar.

11) Final Construction Change Order - Hillcrest Contracting Inc. for the Active Transportation Connections and Green Streets for Spring Street

Authorize the City Manager to execute the final construction contract change order for the Active Transportation Connections and Green Streets for Spring Street, in the amount of an additional $136,742.77, with Hillcrest Contracting Inc.

This item was approved on the City Council Consent Calendar.

12) Purchase of Real Property for Drainage Purposes (APN 378-030-027)

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

CALIFORNIA, APPROVING THE ACQUISITION OF ONE RIVERSIDE COUNTY TAX-

DEFAULTED PROPERTY FOR THE APPROXIMATE PURCHASE PRICE OF $57,000.00 PLUS ASSOCIATED ADMINISTRATIVE COSTS FOR ASSESSOR PARCEL NUMBER 378-030-027.

This item was approved on the City Council Consent Calendar.

ITEM REMOVED FROM THE CITY CONSENT AGENDA FOR DISCUSSION

9) Professional Services Agreement with Triple Crown Sports, Inc. (TC Sports) for Operational Services of Rosetta Canyon Sports Park

A motion was made by Council Member Sheridan, seconded by Mayor Pro Tem Manos to continue the item to August 8, 2023. The motion carried by the following vote:

Aye: 5 Mayor Johnson, Mayor Pro Tem Manos, Council Member Tisdale, Council Member Sheridan, Council Member Magee
Nay: 0 None

City Council Minutes - Draft July 25, 2023

City of Lake Elsinore Page 5 :

SUCCESSOR AGENCY CONSENT CALENDAR

A motion was made by Council Member Tisdale, seconded by Mayor Pro Tem Manos to approve the Successor Agency Consent Calendar. The motion carried by the following vote:

Aye: 5 Mayor Johnson, Mayor Pro Tem Manos, Council Member Tisdale, Council Member Sheridan, Council Member Magee
Nay: 0 None

13) SA Warrant Report Dated Jun 16, 2023, to Jun 22, 2023

Receive and File.

This item was approved on the Successor Agency Consent Calendar.

14) SA Warrant Report Dated Jun 23, 2023, to Jun 29, 2023

Receive and File.

This item was approved on the Successor Agency Consent Calendar.

15) SA Investment Report for June 2023

Receive and file the Investment Report for June 2023.

This item was approved on the Successor Agency Consent Calendar.

16) Minutes of the Regular Successor Agency Meeting of July 11, 2023

Approve the Minutes.

This item was approved on the Successor Agency Consent Calendar.

PUBLIC HEARING

17) Approve Placing Delinquent Nuisance Abatement Charges on the Tax Roll

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

CALIFORNIA, ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS

AGAINST PARCELS OF LAND WITHIN THE PUBLIC NUISANCE ABATEMENT COSTS FOR THE FISCAL YEAR 2023-24.

The Public Hearing was opened at 7:21 p.m.

Shane Spicer presented the staff report.

There were no speakers.

The Public Hearing was closed at 7:23 p.m.

City Council Minutes - Draft July 25, 2023

City of Lake Elsinore Page 6 :

A motion was made by Council Member Tisdale, seconded by Council Member Magee to adopt the Resolution. The motion carried by the following vote:

Aye: 5 Mayor Johnson, Mayor Pro Tem Manos, Council Member Tisdale, Council Member Sheridan, Council Member Magee
Nay: 0 None

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - THREE MINUTES

Gigi Collins was called to speak.

Ray Stinnett was called to speak.

Susan Schofield was called to speak.

Amber Grafton was called to speak.

Elin Fick was called to speak.

CITY MANAGER'S COMMENTS

City Manager Simpson had no comments.

CITY ATTORNEY COMMENTS

City Attorney Leibold had no comments.

CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED

Council Member Tisdale reported on his attendance at the Western Riverside Council of Governments meeting on July 20, 2023 and shared projects in Lake Elsinore and at the Northwest Mosquito and Vector Control District Board meeting on July 20, 2023; encouraged community members to honor a special veteran at Diamond Stadium buy purchasing a veterans memorial engraved brick which will be unveiled at the Veterans Day Observance Ceremony at 9:00 a.m. on Saturday, November 11, 2023; announced the Lake Elsinore Hometown Country Music Fest which will be held on Saturday, August 5, 2023 starting at 2:00 p.m. at Diamond Stadium; and invited residents to participate in the free Community Kickball Tournament on Friday, August 11, 2023 from 5:30 to 7:30 p.m. at Rosetta Canyon Park.

Council Member Sheridan reported on his attendance at the California Joint Powers Insurance Authority Board of Directors meeting on July 19, 2023; announced construction dates for the Summerhill Drive pavement rehabilitation project; invited the community to attend the next Summer Lovin’ event on August 5, 2023 from 3:00 to 6:00 p.m. in Downtown; and invited residents to attend the LE Classic Car Show on September 1, 2023 from 6:00 to 9:00 p.m. in Downtown.

Councill Member Magee shared a presentation from the Riverside County Transportation Commission; and shared tips to keep pets safe during extreme heat.

City Council Minutes - Draft July 25, 2023

City of Lake Elsinore Page 7 :

Mayor Pro Tem Manos addressed concerns raised during public comments; reported on his attendance at the Riverside County Airport Land Use Commission meeting on July 13, 2023; invited residents to the TacoFest event on August 19, 2023 from 5:00 to 9:30 p.m. in Downtown; and announced the 2023 Lake Elsinore Mariachi Fest which will be held on Saturday, September 16, 2023 at Diamond Stadium.

Mayor Johnson provided updates from the Homeless Task Force and The Anchor; reported on her attendance at the Western Riverside County Regional Conservation Authority meeting on July 10, 2023; provided updates on algae testing and lake levels; provided updates on legislative affairs; invited the community to the Main Street Eats Food Festival on Saturday, July 29, 2023 from 5:00 to 9:00 p.m. in Downtown; invited the community to attend the last Live at the Lakefront concert of the year on Thursday, July 27, 2023 at 6:30 p.m. featuring Rocio La Dama de la Cumbia; shared back to school safety tips; solicited applications for appointment to the Lake Elsinore Planning Commission for a term through December 31, 2024; and invited the community to attend the 40th Annual National Night Out event on Tuesday, August 1, 2023 from 6:00 to 8:00 p.m. at the Canyon Lake Towne Center.

ADJOURNMENT

The Lake Elsinore City Council adjourned at 8:21 p.m. to the next Regular meeting of Tuesday, August 8, 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.

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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: August 8, 2023
Subject: Independent Contractor Agreement for Instruction With Lorena Hancock Recommendation
Approve and authorize the City Manager to execute the Independent Contractor Agreement with Lorena Hancock in an amount not to exceed $75,000, in such final form as approved by the City Attorney.

Background
The City of Lake Elsinore contracts with private instructors to perform recreational instruction at City owned facilities such as the Lake Community Center and Lake Elsinore Senior Center. The City of Lake Elsinore collects all the registration fees for the classes through Rec1, a software program. Upon the City’s receipt of invoice, the City then pays each of the contract instructors 75 percent of the participation Registration Fees collected. The City retains 25 percent of the fees for facility maintenance and staffing costs.

Discussion
Ms. Hancock is an existing business providing pre-school and ballet folklorico dance instruction at the Lake Community Center and Dream Extreme Neighborhood Center. Due to Ms. Hancock’s class’ popularity, the last few years she has exceeded the City Manager’s signing authority threshold of $30,000. We anticipate that she will continue to maintain and potentially grow in popularity. Thus, we anticipate this instructor to exceed the City Manager’s signing authority threshold this year as well. As you shall find attached in Attachment 1, Independent Contractor Agreement for Instruction – Agreement is not to exceed $75,000.

Lorena Hancock ICA

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Fiscal Impact
Since the City collects the Registration Fees and then pays the instructor their 75 percent dues, the expenses are countered with the appropriate revenue stream and therefore, no fiscal impact is anticipated.

Attachments
Attachment 1 - Independent Contractor Agreement

CITY OF LAKE ELSINORE

INDEPENDENT CONTRACTOR AGREEMENT

FOR INSTRUCTION
THIS INDEPENDENT CONTRACTOR AGREEMENT FOR INSTRUCTORS (“Agreement”) is made and entered into on July 1, 2023 by and between the CITY OF LAKE ELSINORE, hereinafter the “CITY,” and Lorena Hancock, hereinafter the “CONTRACTOR.”

1.Purpose. The CITY hereby engages CONTRACTOR for purposes of providing instruction in skillful and competent manner, and shall abide by all laws in doing so. CONTRACTOR shall perform such other duties as are customarily performed by one holding such position in other same or similar businesses or enterprises as that engaged in by CITY and shall maintain instruction area in a clean, safe and orderly manner.

2.Contractor's Status. CONTRACTOR is an independent contractor and is solely responsible for his or her own actions or omissions. CONTRACTOR is not City’s employee for any purpose. Any additional personnel performing the services under this Agreement on behalf of CONTRACTOR shall also not be employees of the CITY and shall at all times be under Contractor’s direction and control. CONTRACTOR shall pay all wages, salaries and other amounts due such personnel in connection with their performance of this Agreement and as required by law.

3.Term. The term of this Agreement shall begin July 1, 2023 and end June 30, 2024.

4.Collection of Fees. Registration fees shall be collected by the CITY through set registration procedures implemented by designated CITY staff. The CONTRACTOR is not authorized to collect registration fees.

Following the collection of registration fees, the CITY shall confirm the number of participants enrolled. The CONTRACTOR will be compensated only for participants who have paid.

5.Compensation. In consideration of the performance of the instruction and/or services provided herein, the CONTRACTOR shall receive seventy-five percent (75%) of the participation registration fees collected for instruction and/or services identified in Section 1 above, exclusive of any facility entrance, pool use, field/court night lights, insurance fees and/or publicity fees were charged. Compensation to be paid to the Contractor shall not exceed $75,000 without prior additional written authorization from the City. It is also understood that all taxes and/or other withholdings are the CONTRACTOR’S responsibility.

6.Payment. The compensation provided in Section 5 shall be paid upon satisfactory completion of instruction and/or services and receipt of an invoice within 45 days by CONTRACTOR submitted to the Community Services Department in the format specified by the Department, net 45 days.

7.Business License, Insurance, and LiveScan. CONTRACTOR and any subcontractor agrees to obtain and follow all business license requirements as required by the Lake Elsinore Municipal Code, Chapter

5.08. All business license requirements must be met prior to contract approval. CONTRACTOR and any subcontractor agrees to obtain all insurance required and present valid insurance certificates in accordance with the attached Terms and Conditions. CONTRACTOR, its employees, agents, consultants, contractors and volunteers agrees to perform and provide proof of LiveScan.

8.Terms and Conditions. This Agreement includes the terms and conditions as printed and set forth on the following page, which terms and conditions are incorporated herein by reference; and the CONTRACTOR, by executing this Agreement, agrees to comply with such terms and conditions.

CITY OF LAKE ELSINORE
By: ________________________________
Shannon Buckley, Assistant City Manager
By: ________________________________
Jason Simpson, City Manager
ATTEST:
___________________________________
Candice Alvarez, MMC, City Clerk

CONTRACTOR
By: __________________________________________
Print Name: Lorena Hancock
Title: Owner
Business Name: Lorena Hancock
Business License Number: 017343
Class(es): Preschool and Dance
Address: 27280 Hammack Ave.

City/State/Zip: Perris, CA 92570
Email Address: [email protected]
Phone Number: (951)375-6910

TERMS AND CONDITIONS

1. EQUIPMENT AND LABOR: The Contractor shall
furnish all tools, equipment, apparatus, supplies and
materials unless otherwise mutually agreed by City.

Contractor assumes all risk of loss, damage or harm
to such equipment or materials arising in connection
with this Agreement. The Contractor shall perform the
services under this Agreement in a skillful and
competent manner and shall abide by all laws in doing
so.

2. COMMUNITY HEALTH PROGRAM
PARTICIPATION: The Contractor shall participate in
the City’s community health program by providing at
least one hour of scheduled class services at least
twelve times per year (i.e. once per month or during a
seasonal series) free of charge to the program
participants. The location of the classes shall be at the discretion of the City.

3. SUBCONTRACTORS: In the event a contractor will
not be able to teach class due to illness, etc. the
Contractor will implement the following procedure:
a. Contractor will procure a substitute contractor
equally or better qualified and acceptable to
the City to instruct class at the prescribed time
and place. Subcontractors must meet the
criminal background screening and
fingerprinting requirements according to Cal
Public Resources Code Section 5164.
b. Contractor will notify assigned designated
staff regarding the substitute’s name,
qualifications, address and phone. Payment
for subcontractors shall be responsibility of the
Contractor.
c. If a substitute cannot be procured, the class
will be canceled and a make-up class added
to the end of the session. The contractor will
be responsible for notifying the students of the
cancellation.
d. Contractor is responsible for ensuring
subcontractors must meet all of the criteria
stipulated in these Terms and Conditions,
including but not limited to, maintaining a valid
City of Lake Elsinore Business License,
providing valid certificates of insurance in
accordance with City policies, and providing
proof of LiveScan.

4. SUPERVISION: Contractor agrees to establish
appropriate rules for conducting the class and to
assume responsibility for student discipline to ensure
adequate protection of students and facility.

5. FACILITY. The City shall be responsible for providing a suitable facility for the conduct of the class, unless otherwise noted under "Special Arrangements".

Contractor shall pay City for any and all costs
associated with using the facility. Contractor agrees to assume full responsibility for setting up any facility for instruction and for cleaning and/or restoring the facility to its usual condition following each class session.

6. ACCESS TO FACILITY: City representatives shall at
all times have access to facility, whenever class is in progress to monitor programs for quality.

7. CONDUCT: Contractor understands that the City is a
public entity under the laws of the State of California, and that the City’s purpose in engaging Contractor is
to provide its residents with recreational activities in a manner that will foster a sense of community, security, fun and fair play. Contractor agrees to conduct
himself/herself in a manner that will further these
goals. Contractor further acknowledges that failure
to do so will result in immediate termination of this
Agreement.

8. COORDINATION OF WORK: The Contractor
agrees to coordinate with the City specified time(s)
and date(s) in order to avoid conflict of use. It is
agreed that the resolution of any conflict is at the
sole discretion of the City Manager or his/her
designee. Contractor agrees to work with assigned
City staff to maintain accurate enrollment records.

9. RULES: Contractor agrees to obey all rules and
regulations of the City of Lake Elsinore and any
directives and memoranda issued by the
Department’s Director.

10. LIVESCAN: Contractor, its employees, agents,
consultants, contractors and volunteers must
comply with fingerprinting requirements, Public
Resources Code, Section 5164, by presenting proof
of LiveScan to the City, prior to commencing work
with minors.

11. HOLD HARMLESS AND INDEMNIFICATION. The
Contractor shall defend, indemnify, and hold
harmless the City, its officials, officers, agents,
employees and volunteers free and harmless from
any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury, in
law or equity to property or persons, including
wrongful death, in any manner arising out of our
incident to any alleged acts, omissions or willful
misconduct of Contractor, its employees, agents,
consultants, contractors and volunteers arising out
of or in connection with the performance of the
services in this Agreement, including without
limitation the payment of all consequential damages
and attorneys' fees and other related costs and
expenses. Contractor shall pay and satisfy any
judgment, award or decree that maybe rendered
against City or its officials, officers, employees,
agents, or volunteers, in any such suit, action or
other legal proceeding. Contractor shall reimburse
City and its officials, officers, employees, agents,
and/or volunteers for any and all legal expenses and
costs incurred by each of them in connection
therewith or in enforcing the indemnity herein
provided. Contractor’s obligation to indemnify shall
not be restricted to insurance proceeds, if any,
received by the City, its officials, officers,
employees, agents or volunteers. Such
indemnification shall cover death or bodily injury to
any person; injury to, loss, or theft of property, injury arising from the furnishing or use of any copyrighted
or uncopyrighted composition, secret process, or
patented or unpatented invention, or any other type
of injury, whether such injury or damage occurs on
or off City property.

12. INSURANCE: Contractor, its employees, agents,
consultants, contractors and volunteers understand
that certain types of activities create additional
exposure of risk to City. Unless otherwise waived or
modified by the City’s Risk Manager, Contractor and
any agents, consultants, or subcontractors shall
similarly maintain the following insurance
requirements and present the applicable valid
certificates to the City of Lake Elsinore. Commercial
General Liability/Umbrella Insurance total limits
shall be no less than $1,000,000 per accident and
$2,000,000 general aggregate. 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,

TERMS AND CONDITIONS
including coverage for owned, hired and non-owned
vehicles, in an amount of not less than $300,000
combined single limit for each occurrence. Contractor
shall maintain Workers’ Compensation Insurance and
Employer’s Liability Insurance for his/her employees
in an amount not less than $1,000,000 in accordance
with the laws of the State of California. 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. City and its employees and agents
shall be added as additional insureds using ISO
additional insured endorsement form CG 20 10 or CG
20 26 (in no event will City accept an endorsement
form with an edition date later than 1990). Coverage
shall apply on a primary non-contributing basis in
relation to any other insurance or self-insurance,
primary or excess, available to City or any employee
or agent of City. Coverage shall not be limited to the
vicarious liability or supervisory role of any additional insured. Contractors and subcontractors must
maintain this insurance requirement and have the City
listed as additionally insured in accordance with the
above statements.

13. CONTRACTOR NOT OFFICER, EMPLOYEE OR
AGENT OF CITY. While engaged in carrying out the
terms and conditions of the Agreement, the Contractor
is an independent contractor and not an officer,
employee or agent of the City. The Contractor has no
authority, express or implied, to act on behalf of the
City as an agent or representative of the City under
this Agreement to bind the City to any obligation. The
Contractor is not eligible for benefits from Social
Security, State Unemployment Insurance, Disability
Insurance or Workman’s Compensation Insurance. In
the event of injury, the Contractor is responsible for
his/her own medical expenses.

14. PUBLICITY: Contractor shall not advertise, print or publish any promotional materials in connection with
the instruction or service to be conducted under this
Agreement without the prior written approval of the
Director of Community Services or his/her authorized
representative.

15. ASSUMPTION OF RISK. Contractor works at his/her
own risk. Contractor shall ensure each participant
signs the City's "Waiver & Release Agreement" prior
to participation.

16. COLLECTION OF FEES: The Contractor agrees not
to accept any registration fees from students. All
registration fees shall be paid directly to the City and the Contractor shall be paid at the conclusion of the
course by the City. The Contractor may collect
additional fees for materials and supply costs. The
Contractor shall appropriately inform the participants
of the additional material fees prior to registration.

Participants may be required to bring certain supplies
and materials to class.

17. PAYMENT OF FEES: City agrees to pay Contractor
according to compensation provision provided on first
page of this Agreement. Contractor is responsible for
payment to any subcontractors.

18. AMERICANS WITH DISABILITIES ACT. Contractor
agrees that he/she shall make every attempt to
accommodate people with physical and/or mental
disabilities.

19. GENERAL COMPLIANCE WITH LAWS. Contractor
shall comply with all federal, state, and local laws,
statutes, rules and regulations in any manner
affecting the performance of this Agreement. By law,
Contractor, Contractor’s employees and any agreed
upon substitute personnel or subcontractor must
comply with the requirements of Cal Pub Resources
Code Section 5164 before engaging in the services
under this Agreement. Contractor, Contractor’s
employees and any agreed upon substitute
personnel or subcontractor hereby agree to a
criminal background check as required under Cal
Pub Resources Code Section 5164 by the City’s
Police Department if Contractor or any of Contractor
's employees or agreed upon substitute personnel
or subcontractor shall work with persons of eighteen
(18) years of age or under. Contractor, Contractor's
employees or any agreed upon substitute personnel
or subcontractor must be cleared by City prior to
working with persons of eighteen years of age of
under. If the background check for Contractor,
Contractor's employees or agreed upon substitute
personnel or subcontractor reveals illegal or
objectionable information or activities, the person to
whom the background check applies shall be
prohibited from providing the services hereunder
and, in City's sole and absolute discretion, this
Agreement may be terminated, in which case
Contractor will be entitled to no further
compensation under this Agreement. Contractor,
Contractor’s employees, and any agreed upon
substitute personnel or subcontractor shall not be
permitted to provide services hereunder for classes
with attendees who are eighteen years of age or
under unless a criminal background check has been
performed and clearance has been received from
the Department of Justice.

20. MODIFICATION. No waiver, modification or
termination of this Agreement is valid unless made
in writing.

21. NONASSIGNMENT. Contractor shall not have any
right to assign and/or transfer his/her rights and/or
obligations under this Agreement without the prior
written consent of the City.

22. DEFAULT BY CONTRACTOR: Failure to comply
with any of the terms and/or conditions of this
agreement shall constitute default by the Contractor.

23. TERMINATION: The agreement may be terminated
by the City upon 30 days’ notice given in writing.

Both parties will perform in accordance with the
agreement prior to the effective termination date.

Nothing contained herein shall diminish the right of
the City to cancel, immediately and without prior
notice, the agreement for cause without penalty or
liability on the part of the City.

24. ENTIRE AGREEMENT: This contract constitutes
the entire Agreement between the parties
concerning the subject manner hereof and
supersedes all agreements, representations,
statements, promises and understandings, whether
oral or written, with respect to the subject manner
hereof.

25. SPECIAL ARRANGEMENTS:
____________________________________________
____________________________________________

Page 1 of 1 ends

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: August 8, 2023
Subject: Road Closure for Taco Fest
Recommendation
Approve Temporary Street Closures for Taco Fest on August 19, 2023.

Background
This is the Inaugural attempt to expand the Taco Fest event to our Historic Downtown providing a unique opportunity to enjoy its charm and history. This very popular event previously was held at Launch Pointe in the parking lot, but with the increased interest and the addition of a car show, staff recommend moving the event back to the original location.

Discussion
The annual Taco Fest is planned to take place in Gediman Square and the car show along Main Street in Downtown Lake Elsinore from 5:00 to 9:30 pm. The Community Services Department, Public Works Department and Sheriff’s Department will coordinate resources to ensure public safety. As this event continues to grow, staff expect approximately 5,000 attendees. As a result, staff is recommending street closures - Main Street between Heald Avenue and Limited as detailed in Exhibit A. It is recommended that these street closures remain in place from 1:00 p.m. to 11:00 p.m. The street closures will be enforced by Law Enforcement personnel.

Fiscal Impact
Costs for City personnel staffing will be accommodated via the Community Services fiscal budget.

Attachments
Attachment 1 - Taco Fest Street Closures Map
..,,,.........':!
..
.1
Taco
Fest

EXHIBIT A

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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: August 8, 2023
Subject: Professional Services Agreement with Triple Crown Sports, Inc. (TC Sports) for Operational Services of Rosetta Canyon Sports Park
Recommendation
Approve and authorize the City Manager to execute a Professional Services Agreement with TC Sports, Inc. in an amount not to exceed $150,000.00 per year for management services, $62,500 for field maintenance, plus reimbursable for Rosetta Canyon Sports Park, in such final form as approved by the City Attorney.

Background
In 2018, the City contracted with TC Sports, Inc., a Triple Crown Sports franchisee, a leader in Southern California related to girls’ fast pitch softball, was hired to staff the facility and manage all events, including field preparation. TC Sports, Inc. is a recognized leader in event production, including field preparation. The alliances and relationships they have built nationwide over the years testify to the customer service and care of individual needs, evident in the high-quality tournaments and events they produce.

City staff’s vision for Rosetta Canyon Sports Park has not changed since the planning of its construction, which is to be an economic catalyst for the community. The vision requires high- quality programming and planning of significant tournaments with many organizations. TC Sports, Inc. has the infrastructure and contacts to build the tournament offerings with reputable organizations and local teams while hitting all age groups and play levels. Their success has grown over time, and the city stands to benefit from their investment over the years because they used to be a minor player in the market. While high-end programs seek their Triple Crown events, less-seasoned teams, and younger ages are still considered valuable customers. All segments of the Southern California market need attention, with other tournament providers now looking hungrily at the team numbers of TC Sports, Inc. can assemble on any given weekend. They lead in programming field reservations, ensuring payment to the City, educating participants on park TC Sports for Rosetta Canyon Sports Park

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rules, providing field maintenance preparation, and making the City the premier location for all events.

Discussion
On July 25, 2023, staff presented the original Item to City Council, receiving direction to perform additional due diligence with local youth leagues and organizations that request field use at Rosetta Canyon Sports Park and come back to the August 8, 2023, City Council Meeting. The City wants to continue its contract with TC Sports, Inc. for the next Fiscal Year ending June 30, 2024.

Following the July 25, 2023 City Council Meeting, the City staff held meetings with leaders of Lake Elsinore Girls Softball (“LEGS”) and Lake Elsinore Little League (“LELL”) to confirm what their experience has been and to also discuss past, present and future communications. While LEGS commented on the beginning of the 2023 Softball season being challenging due to rain, related field closures, upgrades to Canyon Hills Sports Park, and the ability to assign fields for programs at Rosetta Canyon Sports Park. LELL stated that TC Sports staff were very accommodating to their needs on weekly practice field requests. Both were provided weekly field allocations at Rosetta Canyon Sports Park, Tuscany Hills Park, McVicker Park, Summerly Park and Swick- Matich Parks.

TC Sports, Inc. is an excellent partner to the City and manages events that attracts visitors from all over the United States. As Triple Crown Sports franchisee, TC Sports, Inc. has operated successful events nationwide for many years, but the largest demographic for girls’ fastpitch softball is right here in Southwest Riverside County of Southern California. They offer high quality events to girls of all ages and levels of play to promote the sport including hosting college tournaments and numerous showcase events catering to college exposure and nationwide recruiting efforts. Additionally, a recent example took place July 24 – July 30 where Rosetta Canyon Sports Park hosted the Alliance National Championships Tournament with 219 Teams from across the country with over 12 of the top-level College Coaches in the United States in attendance. See below table for number of teams by State and for the team detail see Exhibit A attached visiting for Alliance National Championships Tournament.

Additionally, Rosetta Canyon Sports Park has been a driving force for economic development efforts in the Central Corridor due to the tourism of the Rosetta Tournaments which has brought retail and franchise growth retailers here such as, Miguel Jr’s, Popeyes, Raising Canes, Taco Bell, and Chick Fila. It is a part of our Dream Extreme 2040 plan and because of its focus to capture tournaments that draw visitors into the City, it was not intended to support additional field allocations. We currently are processing a hotel development application for construction of a new 103-room Hampton Inn near Central Avenue because of the Rosetta Canyon Sports Park tournament successes.

TC Sports for Rosetta Canyon Sports Park

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Rosetta Canyon Sports Park History
The following highlights the history of Rosetta Canyon Sports Park and how we’ve come to the operation we are at today.
Rosetta Park was previously a single field, generally poor shape due to frequent vandalism, that was used by local resident youth leagues (LEGS & LELL) as a passive field for general dirt area for practices.

The City was able to refinance bonds for the CFD2004-3 Rosetta Canyon Community Development, resulting in a lowering of assessment to residents of the community for funding of streets, sidewalks, sewer, water, street lighting, and to build a world-class facility.

The design of 5 softball fields was chosen due to the demand of tournament level facilities in the region, 5 fields being a desirable number for large tournaments.

TC Sports for Rosetta Canyon Sports Park

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A tournament focus was the direction to drive additional economic growth through restaurants, hotels, and other supporting businesses for visitors to the City.

Youth leagues were never denied access, however a focus on tournament play for weekends was implemented and is somewhat industry standard for Cities in our region. (see Diamond Valley Park and Patricia Birdsall Park)

Rosetta’s use policy was atypical in that a softball field and the football/ soccer field were often available for open play without reservations. No other City allocated fields are handled this way in that they are only available to the allocated leagues during in season play. This enabled the community access to the premier facility even during official league seasons.

Once opened, the City’s Community Services Department and Public Works Department were tasked with the coordination and general maintenance of the facility, before, during, and after league play.

City crews with both departments were scheduled to prep, maintain, and re-prep fields daily and for tournament days from Sunrise to well into the night, sometimes as late as 1AM.

Partnerships were formed with Triple Crown Tournament Softball, Lake Elsinore Tournament Softball, regional Travel Softball Organizations, and local/ regional leagues to utilize the facility.

The facility was allocated based on the premier status of the hosting organization and the draw of usage. Ie. the large tournament with the farthest draw of teams were prioritized enabling the economic impact to be most compelling.

Within months of the opening the demand of the operations and the specialized nature of attracting the top teams/ organizations became too much for the small internal City teams to manage.

Public Agency working regulations and schedules became too burdensome to provide the best utilization of the facility.

A request for proposal was received from Triple Crown Sports Management to operate the facility with their nationally recognized name and connections. As well as their specialized understanding of field conditions/ set-up.

In order to adequately serve the visitors of the park and provide the world-class conditions the partnership was imperative.

This partnership did require a financial commitment from the City to support the operations, however, the cost to do so was at a significant reduction compared to the hours required of City staff.

TC Sports for Rosetta Canyon Sports Park

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The following table is a rough outline of what the annual cost to the City would be if City Staff from both the Community Services Department and Public Works Department were to manage all aspects of the facility at the elevated level Triple Crown Sports Management does provide.

The City currently pays Triple Crown Sports Management approximately $212,500 per year for operations and field preparation, grooming, and chalking.

The most cost-effective operation for Rosetta Canyon Sports Park is to allow TC Sports to continue to operate the facility.

CITY OF LAKE ELSINORE, CALIFORNIASELECTED ANALYSIS - ROSETTA CANYON SPORTS PARKDATE: AUGUST 2023 DESCRIPTION TC SPORTS, INC. CITY STAFF
REVENUES:

PARK FEES 107,800$ 107,800$
SUBTOTAL 107,800 107,800
COSTS:

CONTRACT - TC SPORTS, INC. 212,500 -
STAFFING COSTS (CITY):

MONDAY THRU THURSDAY (52 WEEKS) - 474,500FRIDAY THRU SUNDAY (45 WEEKENDS) - 632,250 NET COSTS 212,500 1,106,750
NET SUBSIDY (104,700)$ (998,950)$
ANALYSIS - TC SPORTS, INC. VS CITY STAFFING
Position Mon - Thurs Hours Rate TotalManagement 10 $100.00 $52,000.00Admin 10 $65.00 $33,800.00Supervisory 25 $75.00 $97,500.00Full Time Labor 50 $70.00 $182,000.00Part Time Labor 60 $35.00 $109,200.00Subtotal $474,500.00 Rosetta Canyon Sports Park Cost Analysis - Monday to Thursday TC Sports for Rosetta Canyon Sports Park

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Historical Revenues:

Position Fri. - Sun. Hours Rate TotalManagement 20 $100.00 $90,000.00Admin 10 $65.00 $29,250.00Supervisory 40 $75.00 $135,000.00Full Time Labor 90 $70.00 $283,500.00Part Time Labor 60 $35.00 $94,500.00Subtotal $632,250.00 Rosetta Canyon Sports Park Cost Analysis (Weekends)
CITY OF LAKE ELSINORE, CALIFORNIASELECTED ANALYSIS - ROSETTA CANYON SPORTS PARKDATE: AUGUST 2023

FISCAL YEAR AMOUNT
REVENUES:

FY18-19 113,887$ FY19-20 90,565FY20-21 46,215FY21-22 98,610FY22-23 107,670456,947$ FY2017-18 THRU FY2022-23 PARKS FEES
TC Sports for Rosetta Canyon Sports Park

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Tourism for the Past 36 Months

TC Sports for Rosetta Canyon Sports Park

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Visitors for last 3 Years to Lake Elsinore (Tourism)

TC Sports for Rosetta Canyon Sports Park

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Tourism Data - Sub-Reports - Lake Elsinore - Last 36 Months

VISITORS SPENDING

VISIT NIGHTS

TC Sports for Rosetta Canyon Sports Park

Page 10 of 10 ends

Fiscal Impact
Funds are budgeted in the Fiscal Year 2023-2024 Annual Operating Budget and is primarily funded by field reservation fees for the facility.

Attachments
Attachment 1 – Alliance National Championships
Attachment 2 - Agreement
Alliance National Championships Tournament ‐July 2023
States and Teams Visiting Rosetta 16u 18U Grand Total AL
Mississippi Bombers 16 Gold/Knight 1 1
AL Total 1 1
AZ
Action Softball 1 1
Arizona Hotshots ‐ Georges 1 1
Arizona ThunderCats NXT 1 1
Athletics Mercado AZ ‐ Mo 1 1
Az Bombers 18U Lopez 1 1
Az Bombers Williams 16s 1 1
AZ Hotshots ‐ Delsante 1 1
AZ Hotshots Carroll 1 1
AZ Hotshots Gold ‐ Downes / Isaacson 1 1
AZ STEEL ‐ Figueroa 1 1
Batbusters Telesco 1 1
Desert Thunder ‐ Basaldua 1 1
Impulse Nielson 1 1
Rogue FC ‐Eisentraut 1 1
Rogue FC Kaye 1 1
AZ Total 6 9 15
CA
16U Corona Angels Howard 1 1
18U Corona Angels Howard 1 1
Athletics Mercado Baltierra 2025 1 1
Athletics Mercado Carroll 2023 1 1
Athletics Mercado Cook 1 1
Athletics Mercado Hovermale 1 1
Athletics Mercado N.Price 1 1
Athletics Mercado Sabo 2025 1 1
Athletics Mercado Slater 1 1
Athletics Mercado Torres 18u 1 1
Athletics Mercado/LW Penalber 1 1
Athletics‐Mercado/ Greg 1 1
Athletics‐Mercado/Carroll 1 1
Athletics‐Mercado/Smith 1 1
Batbusters 16u Hierro 1 1
Batbusters 18U ‐ Gonzalez/Contreras 1 1
Batbusters Ching 1 1
Batbusters Gomes 1 1
Batbusters Gomes Vigil 1 1
Batbusters Spingola 1 1
Batbusters Stith 1 1
Batbusters‐Fullerton 1 1
Breakers Labs Chavez 1 1
BSA 1 1
1 of 7
BSA‐Bownet Sports Academy 18U 1 1
CA Bombers 16U Gold 1 1
Cal Thunder LeVier/Perez 1 1
California Valley Firecrackers ‐ DeLeon 1 1
CORONA ANGELS FTS 16 1 1
Corona Angels Rogers‐Edwards 1 1
Corona Angels Tyson 1 1
Corona Angels Zavala 18U 1 1
Corona Angles Slye 16U 1 1
Corona Angles Slye 18U 1 1
FC Brashear/Smith 1 1 2
Firecrackers Brashear 1 1 2
Firecrackers Brashear ‐ Chavez 1 1
Firecrackers Brashear/Hicks 1 1
Firecrackers Brashear/Hicks Gold 1 1
Firecrackers Garcia Phillips 2025 1 1
Firecrackers Leles‐Johnson 1 1
Firecrackers Medina Schneider 1 1
Firecrackers Premier RTY 1 1
Firecrackers Rico 1 1
Lady Dukes CA ‐ Watson 1 1
Lady Dukes Watson/Araujo 1 1
Lady Wolf Pack‐Barrera/King 1 1
Lady Wolfpack Gold‐Alkire 1 1
Ladyhawks 16U WCQ 1 1
Mizuno Diamond Girls Gold 1 1
Nor Cal Legends ‐Espinoza‐Escarcega 1 1
NorCal Bombers Gold 1 1
OC Batbuster Alvarez 1 1
OC Batbusters ‐ Beltran 1 1
OC Batbusters 16u Lara 1 1
OC Batbusters 18u Lara 1 1
OC Batbusters 2024 ‐ Aldrich 1 1
OC Batbusters 2025 ‐ Aldrich 1 1
OC Batbusters Delgado 1 1
OC Batbusters Fitzherbert 1 1
OC Batbusters Martin 2 2
OC Batbusters Stith ‐ Maroon 1 1
OC Batbusters Stith Sasaki 1 1
OC Batbusters‐Knapp 1 1
Power Surge Walling/Berouty 1 1
Power Surge Walling/Wilson 16U 1 1
PowerSurge Walling 18U Gold 1 1
Preps Academy ‐ National Lopez 1 1
Ruthless Olguin/Rosalez 1 1
San Jose Sting ‐ Gron 1 1
San Jose Sting Perales / Lucido 1 1
2 of 7
Semper Fi Sports ‐ Lucero 1 1
So Cal Athletics Chino CA 1 1
So Cal Athletics Chino RF 1 1
So Cal Athletics Gumataotao 1 1
So Cal Athletics Jaquish/Razo 1 1
SORCERER RICKS 1 1
Strikkers 16U Garcia 1 1
Top Dog Nomura/Santana 1 1
USA Premier National Team 1 1
Warrior Academy Jimenez 1 1
Warrior Academy McDonald 1 1
West Coast Dukes 1 1
CA Total 48 38 86
CO
Colorado Batbusters 18U Gold Smith 1 1
Colorado Bombers 18Gold 1 1
Colorado Firecrackers Gale/Diebold 1 1
Colorado Softball Academy 18A Silver 1 1
Firecrackers CO ‐ Gale/Rodriguez 1 1
Firecrackers‐‐Gale/Phillips 1 1
CO Total 2 4 6
FL
Florida Gold Lopez 1 1
Tampa Mustangs ‐ Viruet 1 1
Tampa Mustangs Bell 1 1
TAMPA MUSTANGS RENE 1 1
FL Total 2 2 4
GA
EC Bullets ‐ Mayfield/Legere 1 1
EC Bullets 18 Gold ‐ Schnute 1 1
EC Bullets Prairie 1 1
Fury Platinum National Chiles 1 1
Mojo Lunsford 18U 1 1
GA Total 3 2 5
IA
Iowa Premier 16U National 1 1
Iowa Premier GOLD‐ Dickel 1 1
IA Total 1 1 2
ID
Crossfire Fastpitch Dwyer 1 1
ID Total 1 1
IL
Extreme Elite 18u National 1 1
Illinois Force National 1 1
Iowa Premier Gold 16u National ‐ Shraiberg 1 1
St Louis Chaos 16U ‐ Krodinger 1 1
IL Total 3 1 4
3 of 7
IN
Indiana Magic Gold 18U ‐ Green 1 1
Indiana Magic Gold 24/25 ‐ Gerth 1 1
Indiana Shockwaves 06 ‐ Tesnar 1 1
Lady Dukes Fanelli 1 1 2
IN Total 3 2 5
KS
Aces Fastpitch 1 1
Louisville Lady Sluggers 16U ‐ VanBoxmeer 1 1
KS Total 2 2
KY
Louisville Lady Sluggers ‐ Wathen 1 1
KY Total 1 1
LA
Hotshots National Anderson 1 1
Louisiana Bombers 16U ‐ Albert / Smith 1 1
Louisiana Bombers 18U ‐ Albert 1 1
Louisiana Bombers Gold 07 Wilmore 1 1
LA Total 2 2 4
MA
Polar Crush Gold 1 1
MA Total 1 1
MI
Turnin2 ‐ Robeson / Long 1 1
Turnin2 National Maloney 1 1
MI Total 1 1 2
MN
Midwest Speed 15U National Holt 1 1
Midwest Speed 16U National Perry 1 1
Midwest Speed 18u Koltes 1 1
Midwest Speed 18U National Hall 1 1
MN Waves ‐ Haefner 1 1
MN Total 3 2 5
MO
Aces Fastpitch 1 1
Louisville Lady Sluggers ‐ Huecker 1 1
St. Louis Chaos 18u ‐ Gentile 1 1
St. Louis Chaos 18U‐Mazzola 1 1
Top Gun 16U National ‐ Slezak 1 1
MO Total 1 4 5
MS
Fury Platinum National Groves 1 1
MS Total 1 1
NC
NC Challengers Renzi 1 1
NC Total 1 1
NJ
4 of 7
Stars National Coleman 16U 1 1
Stars National Coleman 18U 1 1
NJ Total 1 1 2
NM
NM Suncats Gold 16u Gandert/Jaramillo 1 1
NM Suncats Gold 18u Gandert 1 1
NM Total 1 1 2
NV
Nevada Hotshots Gooch 24/25 1 1
NV Ruthless Peralta 1 1
NV Total 1 1 2
NY
Empire State Huskies 16U Select 1 1
NY Total 1 1
OH
Ohio Hawks 18u National 1 1
OH Total 1 1
OK
EPIC NATIONAL 18u (SMITH) 1 1
Gametime National 2024 1 1
Oklahoma Athletics 18 National Madden 1 1
Oklahoma Athletics National 2025 Madden/Kn 11
OK Total 2 2 4
OR
NW Vandals Oliver 1 1
OR Total 1 1
PA
Pa Strikers 18u National Lichtner 1 1
Predators Fastpitch 16u National 1 1
PA Total 1 1 2
SC
Carolina Elite SC Gleason 1 1
SC Total 1 1
TN
Fury Platinum X Helton 1 1
Fury Platinum X Higdon 1 1
Fury Platinum X‐Hutchins 1 1
TN Fury National 2024 Groenewoud 1 1
TN Total 3 1 4
TX
16u Texas Glory 1 1
American Freedom National 1 1
Athletics Mercado‐ Frausto 1 1
Bombers Gold American 16u 1 1
Bombers Gold National 16u 1 1
Bombers Gold National 18u 1 1
Corona Angels 16U Coleman 1 1
5 of 7
Diamond Legacy CTX ‐ Warnecke 1 1
Glory Adkins Gold 16U 1 1
Glory Adkins Gold 18U 1 1
Glory Adkins National 16U 1 1
Illusions Gold ‐ Plocheck 1 1
Impact Gold ‐ Jackson 18U 1 1
Impact Gold Jazz 16U 1 1
Impact Gold National Rodriguez 1 1
Impact Gold National Rodriguez 18U 1 1
Oklahoma Athletics 16U National Madden/Cle 11
Texas Blaze 16U Gold 1 1
Texas Bombers CTX 16U Gold Ward 1 1
Texas Bombers Gold 1 1
Texas Bombers Gold 16u 1 1
Texas Bombers Gold 16u Peters 1 1
Texas Bombers STX 18U Gold National 1 1
Texas Glory 1 1
Texas Glory 16U (FTW) 1 1
Texas Glory Gold 1 1
Texas Glory Naudin 18u 1 1
Texas Glory Naudin 2025 1 1
Texas Glory Naudin 2026 1 1
Texas Glory Naudin South 16u 07 1 1
TX Glory 16U Naudin 1 1
TX Glory 16U Naudin II 1 1
Tx Threat Gold 1 1
TX Total 20 13 33
UT
Lil Rebels RC/Marshall 18u 1 1
UT Total 1 1
VA
EC Bullets ‐ Cornett 1 1
Orion Hunter Elite ‐ Bailey 1 1
Orion Hunter Elite ‐ Murphy/McGowan 1 1
Tri‐State Thunder NOVA Cutchall‐Thompson 1 1
VA Glory Willemssen 1 1
Williamsburg Star Gold Bigham 1 1
Williamsburg Starz Gold Bunn 16U 1 1
VA Total 4 3 7
WA
Absolute Blast 16U Gold 1 1
ai Bandits Breer 1 1 2
Maniacs 16U Garcia 1 1
Sundodgers ‐ Wright 1 1
WA Acers 16Gold ‐ Aarstad 1 1
WA Acers‐ Meyer 1 1
WA Total 5 2 7
6 of 7
Grand Total 120 99 219
7 of 7
3 1
6 3
9 AGREEMENT FOR PROFESSIONAL SERVICES

OPERATION OF ROSETTA CANYON SPORTS PARK
This Agreement for Professional Services (the “Agreement”) is made and entered into as of July 25, 2023 (“Effective Date”), by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and TC Sports, Inc. a California Corporation ("Operator").

RECITALS
A. The Rosetta Canyon Sports Park (Exhibit A) was constructed by the City of Lake Elsinore for the purpose of creating a destination for tournament level competitive play for fastpitch softball and baseball to organizations and groups for their enjoyment of this growing sport and its recreational values.

B. The function of the City is to manage, protect, and promote public park and recreational values and opportunities and to interpret these values effectively and provide facilities and services consistent with the purpose of the park that are necessary for its full enjoyment.

C. The City has determined that it requires certain professional services to develop and solidify the City’s position as a destination for competitive tournaments for the next several years by building a comprehensive schedule or following through nationally-recognized organizations. The services include, but are not limited to, the operation and routine maintenance of Rosetta Canyon Sports Park fields that promotes the above stated purposes of the facility and to promote the safety and convenience of the general public in the use and enjoyment of, and the enhancement of competitive tournament level play, as well as recreational and park experiences.

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

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

AGREEMENT

1. Scope of Services. Operator shall perform the following services at the Rosetta Canyon Sports Park (hereinafter the “Premises”) in accordance with Exhibit B and the terms and conditions hereinafter specified:

1.1 Park Operations. Operate Rosetta Canyon Sports Park football/soccer field, warmup areas, and the 5-field, star softball field venue including concession stand and day use areas by operating the concession stand, scheduling facility use, promoting and developing quality tournaments, and assisting the city in marketing efforts with hotels and other tourism businesses.

1.2 Concession Stand Operations. Operate the concession stand by selling prepackaged food and non-alcoholic beverages. Operator must maintain an inventory of all merchandise required to meet the reasonable needs of the public.

All food and beverages sold shall conform to federal, state, and local food laws and regulations. Operator may utilize up to two secured storage containers for use and other patron services, at the sole cost and expense of the Operator. If such containers are utilized, they may be moved or removed within 30 days at City Manager’s request.

1.3 Staffing.

1.3.1 Operator shall maintain a qualified and adequate staff to perform the services set forth in this Agreement. Operator shall designate one member of the staff as an Operations Manager with whom City may deal on a daily basis. Operations Manager shall be skilled in the management of businesses similar to the tournament facility operations and shall be subject to reasonable approval by the City Manager. The Operations Manager shall devote substantial time and attention to and be fully acquainted with the operations of the Premises, familiar with the terms and conditions prescribed therefore by this Agreement, and authorized to act in the day-to-day operations thereof.

1.3.2 If an employee of the Operator is found to be detrimental to the interest of the public, the City reserves the right to provide the Operator with written notice and Operator shall transfer or reassign any such employee within a reasonable period of time and such employee shall not be assigned to any other City facility.

1.3.3 Operator warrants that it fully complies with all laws regarding employment of aliens and others, and that all its employees performing services herein meet the citizens hip or a lien status requirements contained in federal and state statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986 (P.L. 99-603). Operator shall obtain, from all covered employees performing services here in, all verification and other documentation of employment eligibility status required by federal statutes and regulations as they currently exist and as they may be hereafter amended. Operator shall retain such documentation for all covered employees for the period prescribed by law. Operator shall indemnify, defect, and hold harmless, the City, its agents, officers and employees from employer sanctions and any other liability which may be assessed against Operator or City or both in connection with any alleged violation of federal statutes or regulations pertaining to the eligibility for employment of persons performing services under this Agreement.

1.3.4 Operator shall file with the City Manager a certificate for each member of the food and beverage staff showing that within the last two (2) years, such person has been examined and has been found to be free of communicable tuberculosis. "Certificate" means a document signed by the examining physician and surgeon who is licensed under Chapter 5 (commencing with Section 2000), Division 3 1
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9 2 of the California Business and Professions Code, or a notice from a public health agency or unit of the Tuberculosis Association which indicates freedom from active tuberculosis.

1.4 Open Hours. Operator agrees to operate the Premises and maintain open hours daily as noted in Exhibit B.

1.5 Schedule of Fees. Operator shall maintain and post a complete schedule of prices for all fees, charges, goods, rentals, and services supplied to the public on or from the Premises as established by the City in consultation with the Operator. .

1.6 Quality of Services. Service to the public, with goods, services, and merchandise of a high quality and at reasonable charges, is of prime concern to the City and is considered a part of the consideration for this Agreement.

Therefore, Operator agrees to operate the Premises in a first-class manner, and comparable to other first-class facilities providing similar activities, programs and services. Where such facilities are provided, Operator shall maintain a high standard of service at least equal to that of similar events and programs conducted on City parks and/or adjacent communities and to those prevailing in such areas for similar products and services, and without discrimination. Operator, following receipt of written notification there of, shall immediately remove or withdraw from sale of any goods or services which may be found objectionable to the City Manager based on findings that the provision of such goods or services is harmful to the public welfare.

1.7 Utilities. With respect to the Premises, City shall provide and pay for any necessary utilities, including water and electricity, consumed by Operator in the operation of the Premises. Operator waives any and all claims against City for compensation for loss or damage caused by a defect, deficiency or impairment of any utility system, water system, water supply system, drainage system, waste system, heating or gas system, electrical apparatus or wires serving the Premises.

City shall pay for any new connections to the existing utility services necessary for the operation of the Premises.

1.8 Maintenance and Repair of Premises. During the term of this Agreement, City shall be responsible at its sole cost and expense, for conducting all Maintenance and Repair of the Premises in order to assure that the Premises are maintained in a reasonable good state of repair and the improvements thereon are preserved for a reasonable useful life. “Maintenance and Repair” shall include but not be limited to, maintaining fire clearance, tree trimming and removal, repair of broken fixtures and facilities, plumping and electrical fixtures, and equipment. The City will maintain the public restrooms, trash pick-up, minor repairs/replacement to equipment, pest inspection and control, landscape mowing and edging, shrub trimming and non-reoccurring removal of hanging tree limbs, vacuuming, wiping, and cleaning of all adjacent grounds and walks. Notwithstanding the foregoing, the City shall have no obligation to maintain or repair any equipment owned by Operator (including rentals equipment) related to the operation thereof.

1.9 Housekeeping. During the term of this Agreement, Operator shall be responsible at is sole cost and expense, for conducting all Housekeeping duties of the Premises in order to assure that the Premises are in good condition, and kept in a clean, safe, wholesome and sanitary condition free of trash, garbage, or obstructions of any kind. Operator shall provide all necessary equipment, materials and supplies used for housekeeping purposes, such as but not limited to, sanitary, landscaping, and cleaning supplies. Housekeeping shall include but not be limited to, cleaning of concession stand.

1.10 Office and Service Supplies. During the term of this Agreement, Operator shall be responsible at its sole cost and expense, for purchasing and maintaining all necessary office supplies, employee uniforms and other supplies required to perform the services hereunder.

1.11 Sanitation. No offensive matter, refuse, or substance constituting an unnecessary, unreasonable or unlawful fire hazard, or material detrimental to the public health, shall be permitted or remain on the Premises and within a distance of fifty (50) feet thereof, and Operator shall prevent any accumulation thereof from occurring. Operator shall furnish all equipment and materials necessary, including trash receptacles of the size, type, color and number required by the City Manager, to maintain the Premises and the area within a distance of fifty (50) feet thereof in a sanitary condition. City shall provide that all refuse is collected no less than once a week by its existing franchise hauler.

1.12 Advertising and Promotions. Operator shall be responsible for the sole cost and expense of advertising related to the Premises. All advertising and promotional materials shall receive approval from the City Manager prior to being distributed.

Any advertising or promotional materials promulgated by the Operator shall include the words “Lake Elsinore” as part of the name or identification of the Premises.

1.13 Events. Except as provided in Exhibit B, Operator shall not promote or sponsor private or public events on the Premises, unless authorized by a special event permit issued by the City of Lake Elsinore.

1.14 Security. City, at its own expense, may provide any legal devices or equipment and the installation thereof, designated for the purpose of protecting the Premises from theft, burglary or vandalism, provided written approval for installation thereof is first obtained from the City Manager.

1.15 Safety. Operator shall immediately notify City of any unsafe condition on the Premises and correct any unsafe practices occurring thereon. Operator shall obtain emergency medical care for any member of the public who is in need thereof, because of illness or injury occurring on the Premises. Operator shall cooperate fully with City in the investigation of any accidental injury or death occurring on the Premises, including a prompt report thereof to the City Manager.

Operator shall cooperate and comply fully with county, state, municipal, federal or any other regulatory agency having jurisdiction there over, regarding any safety inspections and certifications of any and all Operator's structures, enclosures, vehicles, booths, equipment and rides.
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9 1.16 Disorderly Conduct. Operator agrees to exercise every reasonable effort to not allow any loud boisterous or disorderly persons about the Premises.

1.17 Illegal Activity. Operator shall not permit any illegal activities to be conducted upon the Premises.

1.18 Maximize Use. Operator shall use its best efforts to maximize the use of the Premises and the facilities thereon in accordance with the conditions herein.

However, Operator shall not interfere with public use of the remaining areas.

1.19 Construction. In the event City constructs or causes to be constructed new facilities and/or improvements at the Premises, this Agreement shall continue in full force and effect except that the payments to be made by Operator shall be abated and/or other relief afforded to the extent that the City Manager may determine the construction interferes with the authorized operations, provided a claim therefor is filed with the City Manager within thirty (30) days of commencement of construction. Operator agrees to cooperate with City in the event the construction affects the Premises by vacating and removing therefrom all items of inventory, containers, equipment and furnishings for such periods as are required by the construction of the new facilities. Operator further agrees to cooperate in the determination of the abatement and/or other relief to be provided by furnishing all information requested relative to the operation and permitting examination and audit of all accounting records kept in connection with the conduct thereof.

1.20 Right of Entry. Any officers and/or authorized employees of the City may enter upon the Premises at any and all reasonable times for the purpose of determining whether or not Operator is complying with the terms and conditions hereof, or for any other purpose incidental to the rights of the City.

2. 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. Commencing as of the Effective Date, Operator shall perform services hereunder Friday through Monday and compensation paid by City to Operator for such services shall be One Hundred and Fifty Thousand dollars ($150,000) annually, or $12,500 per month for management services, and up to Sixty-Two Thousand Four Hundred dollars ($62,400) for field maintenance plus reimbursables. Out of pocket expenses shall be approved by City prior to being expended and will be reimbursed at cost without an inflator or administrative charge.

4. Method of Payment. City shall pay Operator in equal monthly installments, plus approved reimbursables. Operator shall submit monthly reports and invoice to the City describing the services and related work performed during the preceding month, the date the services were performed and a description of any reimbursable expenditures.

5. 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 Operator at least thrity (30) days prior written notice. Upon receipt of such notice, the Operator 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 Operator 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 Operator will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.

6. Ownership of Documents. All documents, receipts, and reports prepared by the Operator, 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 Operator for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Operator or to any other party. Operator shall, at Operator’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Operator, its officers, officials, agents, employees and volunteers from any 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 City’s use of such materials in a manner beyond the intended purpose as set forth herein.
a. 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 Operator under this Agreement ("Documents & Data"). Operator shall require that all subcontractor agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Operator represents and warrants that Operator has the legal right to license any and all Documents & Data. Operator makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Operator or provided to Operator 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. b. 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 Operator in connection with the performance of this Agreement shall be held confidential by Operator. Such materials shall not, without the prior written consent of City, be used by Operator for any purposes other than the performance of 3 1
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9 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 Operator which is otherwise known to Operator or is generally known, or has become known, to the related industry shall be deemed confidential. Operator shall not use City’s name or insignia, photographs relating to project for which Operator’s services are rendered, or any publicity pertaining to the Operator’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.

7. Operator’s Books and Records.
a. Operator 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 Operator to this Agreement.
b. Operator 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 Operator’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 Operator’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 Operator, Operator’s representatives, or Operator’s successor-in-interest.

8. Independent Operator. It is understood that Operator, in the performance of the work and services agreed to be performed, shall act as and be an independent Operator and shall not act as an agent or employee of the City.

9. PERS Eligibility Indemnification. In the event that Operator or any employee, agent, or subcontractor of Operator 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, Operator shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Operator 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.

Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Operator 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. Interests of Operator. Operator (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 Operator’s services hereunder. Operator 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.

Operator is not a designated employee within the meaning of the Political Reform Act because Operator:
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).)

11. Professional Ability of Operator. City has relied upon the professional training and ability of Operator to perform the services hereunder as a material inducement to enter into this Agreement. Operator shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Operator 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 Operator’s field of expertise.

12. Compliance with Laws. Operator shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.

13. Licenses. Operator represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Operator to practice its profession. Operator represents and warrants to City that Operator 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 Operator to practice its profession. Operator shall maintain a City of Lake Elsinore business license.

14. Indemnity. Operator 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 Operator or its employees, subcontractors, or agents, by acts for which they could 3 1
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9 be held strictly liable, or by the quality or character of their work. The foregoing obligation of Operator 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 Operator 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 Operator 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 Operator 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, Operator acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

15. Insurance Requirements.
a. Insurance. Operator, at Operator’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. Operator 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, Operator 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 Operator for City. In the event that Operator 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, Operator 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. Operator 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. Operator shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Operator 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.
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. 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 Operator, 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, Operator shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Operator 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.

16. 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 3 1
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9 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 Operator: TC Sports, Inc.

Attn: Mr. Travis Cotsenmoyer
14427 Meridian Pkwy Ste F
Riverside, CA 92518

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

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

19. 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 Operator. Assignments of any or all rights, duties or obligations of the Operator under this Agreement will be permitted only with the express consent of the City. Operator shall not subcontract any portion of the work to be performed under this Agreement except with the prior written authorization of the City. If City consents to such subcontract, Operator 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. 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.

26. Authority to Enter Agreement. Operator 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.

27. Prohibited Interests. Operator maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Operator, to solicit or secure this Agreement. Further, Operator 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 Operator, 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.

28. Equal Opportunity Employment. Operator 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.

29. Prevailing Wages. Operator 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. 3 1
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9 Operator 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, Operator shall bear all risks of payment or non-payment of prevailing wages under California law, and Operator 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.

30. 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]
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
“OPERATOR”
TC Sports, Inc., a California Corporation
City Manager
ATTEST:

By: Travis Cotsenmoyer, President
City Clerk
APPROVED AS TO FORM:

City Attorney

Assistant City Manager
Attachments:

Exhibit A – Premises Map
Exhibit B – Scope of Services
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9 Exhibit A – Premises Map

Exhibit B
Field Allocation Process

1. Operator will take the field allocation process over for all weekends of the year (Friday – Monday) and will, upon mutual agreement by Operator and City, undertake the field allocation process 7 days a week.

2. Operator will educate all users and patrons that nuts in shells are prohibited, especially Sunflower Seeds as they are a potential threat to health and safety of visitors to the park.

The seeds or shells could easily end up in the artificial turf which could create MRSA and other diseases and health concerns.

3. Operator will educate all umpires and organization hosts of the “No Sunflower Seeds” policy and to encourage compliance, fines or forfeiture of deposits and could include denial of future rental or use of the fields.

4. Provide one weekend per year to Lake Elsinore Girls Softball (LEGS) Recreation League for a tournament at no cost.

5. Operator would invoice the customer and make sure payment was received prior to the payment deadline. (city decided and dictated date)
a. Payment would go directly to the city.
b. If payment was not received in time, the user group will forfeit their date and an effort to find a replacement will be made. The original user group will not be awarded dates at the complex moving forward.

6. Operator will require user groups to have official date requests submitted by early September of the year prior of allocation dates and will publish the awarded dates by the beginning of November for the following year.
a. Proven organizations and events will have the potential to lock in 2-3 yr contracts on the same dates from year to year, as long as they continue to produce at a high quality. Operator will have the ability to terminate this contract if the event does not continue to produce high registration and attendance.

7. Operator will look to plug user groups into the facility that meet the vision for the complex. a. High-end, high-profile, highly-sought after events.
b. Events that drive non-local people into the City of Lake Elsinore. c. Events that will help develop the sport of women’s fast pitch softball. d. Events that bring good press to the City of Lake Elsinore.

8. Operator will collect liability insurance and waivers from each user group by the same date as the payment and email to a city appointed official for the city’s record.

9. Operator will have a Facility Manager(s) for Rosetta Canyon Sports Park.

10. Operator will communicate with appointed city official with written requests for any product or equipment needs.
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9 SNACK BAR

1. Operator will allocate the snack bar at their discretion

2. Operator will remit payment of rental in accordance with the City’s fees

FIELD MAINTENANCE

1. Operator will hire 3 weekend only staffers to maintain the five (5) softball fields during the weekend events.
a. Staffers will be experienced and trained.
b. The City of Lake Elsinore will reimburse the Operator for each of these staffers weekend work in the amount of $200 per staffer. (In addition to the Management Fee)
c. Operator will look to reduce cost when able. If event organizer does not fill the entire park or is not in need of 3 field personnel, Operator will look to reduce the staff.
d. Operator will report the amount of staff per weekend to the city in a monthly report / invoice.

2. Operator will have access to city field equipment and on site storage.

RAIN PROCEDURE

1. Operator will provide an individual on site during the rain period to evaluate the quality of the fields. They will make the final decision on if play will continue or not. The goal would be to continue to play but only in safe enough conditions.

2. Operator will make sure quick dry product is stocked (Spill King preferred) and on site.

WEEKDAY MANAGEMENT

1. City and Operator will look to transition into a full weekday management arrangement in the near future. To do so another full time employee would be assigned to the Rosetta Canyon Sports Park by the Operator.

2. The City Manager has authority to direct the scope of staffing at the facility to meet the needs of the City.

Page 1 of 2 ends

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: August 8, 2023
Subject: Amendment No. 3 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. 3 to the Agreement with RP Landscape & Irrigation, Inc. for Citywide Park Maintenance Services to increase compensation by an additional $61,920.14 for a total amount not to exceed $1,109,462.14 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. On July 11, 2023, the City approved Amendment No. 2 by an additional $98,500.00 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. 3 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. 3.

Amendment No. 3 for Contractor Services with RP Landscape

Page 2 of 2 ends

Fiscal Impact
Funds are available in the City’s Fiscal Year 22-23 Annual Citywide Landscape Maintenance Program and Operating Budget.

Attachments
Attachment 1- Amendment No. 3
Exhibit A- Invoice
Attachment 2 - Amendment No. 2
Attachment 3 - Amendment No. 1
Attachment 4 - Original Agreement
3 1
6 9
6 AMENDMENT NO. 3

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

Annual Citywide Landscape Maintenance Services
This Amendment No. 3 to Agreement for Contractor Services is made and entered into as of 8/8/2023, 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. Amendment No. 2 to the Original Agreement was executed on 7/11/2023 to increase the amount of compensation by Ninety-Eight Thousand Five Hundred and Zero Cents ($98,500.00).

F. The parties now desire to increase the payment for such services as set forth in this Amendment No 3.

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

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

Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed One Million One Hundred Nine Thousand Four Hundred Sixty-Two Dollars and Fourteen Cents. ($1,109,462.14) without additional written authorization from the City Council. Notwithstanding any provision of Contractor'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.
3 1
6 9
6 2. 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. 3 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]

3 1
6 0
9 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”).

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

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 Forty- Seven 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.

DocuSign Envelope ID: C053CB25-62C5-4A4E-8835-79834233C4BA 3 1
6 0
9 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
DocuSign Envelope ID: C053CB25-62C5-4A4E-8835-79834233C4BA 7/21/2023 | 4:42 PM PDT
7/21/2023 | 4:58 PM PDT

EXHIBIT A-1
CONTRACTOR ’S PROPOSAL
[ATTACHED]
DocuSign Envelope ID: C053CB25-62C5-4A4E-8835-79834233C4BA DocuSign Envelope ID: C053CB25-62C5-4A4E-8835-79834233C4BA DocuSign Envelope ID: C053CB25-62C5-4A4E-8835-79834233C4BA DocuSign Envelope ID: C053CB25-62C5-4A4E-8835-79834233C4BA DocuSign Envelope ID: C053CB25-62C5-4A4E-8835-79834233C4BA 07/06/2023
Central City Insurance Agency, Inc.
1030 Nevada Street
Suite 106
Redlands CA 92374
Patricia Wagner,CIC,CISR
(909) 307-6076 (909) 798-4107
[email protected]
Roy Perez dba R P Landscape & Irrigation
P.O. Box 1200
San Bernardino CA 92402
Scottsdale Ins Co 41297
Palomar Specialty Insurance Company 20338
2022-2023
A Y CPS7669677 10/19/2022 10/19/2023
2,000,000
100,000
5,000
2,000,000
4,000,000
4,000,000
Y
Theft Prevention
Authority Charge
B Y PSIC12300-02 01/10/2023 01/10/2024
1,000,000
1,000,000
1,000,000
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. and are named as Additonal Insured per Blanket Additional Insured endorsement GLS150s 07 09 Primary and Non Contributory applies per endorsement CG 20 01 12-19, Waiver of Subrogation for General Liability applies per endorsement CG 24 04 12 19 30 day notice for cancellation, 10 day notice for cancellation by non-payment City of Lake Elsinore
521 N Langstaff Street
Lake Elsinore CA 92530

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
DocuSign Envelope ID: C053CB25-62C5-4A4E-8835-79834233C4BA DocuSign Envelope ID: C053CB25-62C5-4A4E-8835-79834233C4BA DocuSign Envelope ID: C053CB25-62C5-4A4E-8835-79834233C4BA DocuSign Envelope ID: C053CB25-62C5-4A4E-8835-79834233C4BA DocuSign Envelope ID: C053CB25-62C5-4A4E-8835-79834233C4BA DocuSign Envelope ID: C053CB25-62C5-4A4E-8835-79834233C4BA 

   DocuSign Envelope ID: C053CB25-62C5-4A4E-8835-79834233C4BA

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 92402-1271
This business license is issued for revenuepurposes 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 t he state, county, feder al 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
12/1/2022 11/30/2023
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: C053CB25-62C5-4A4E-8835-79834233C4BA 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”).

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 s cope of services and inc rease 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 | 4:10 PM PDT
7/7/2022 | 4:38 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 ~'ff Phone# E-mail
909-889-9987 rplandscapeinc @grnail.com
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 rplandscapeinc @gmail.com
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 Material s & Labor
Increase of5% for Grass Seed & Fertilizer
We appreciate your prompt payment.

Phone# E-mail
909-889-9987 rplandscapeinc @gmail.com
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 rplandscapeinc @grnail.com
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 in-
sured 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 lim- ited 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 addi-
tional 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 l-

COVERAGEST
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 equip-
ment furnished in conneclion with such work,
on th6 projoct (othar than servic6, mainte-
nance or repairs) to be performed by or on
behalf of lhe additional insured(s) at the loca-
tion of the covered operalions has been com-
pleted; or
b. Thal portion of "your work' out o, which the in-
iury or damage arises has been put to its in-
tended use by any person or organization
other than another conlractor or subcontrac-
lor 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 Decla-
rations for this policy, whichever is less. These lim-
ils of insuranco are inclusive of, and nol in addilion
to, lhe Limits of Insurance sho$rn in lhe Declara-
tions 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 ol2cLS-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, re-
ports, surveys, field orders, change orders or
drawings and specificaiions; and
Supervisory, inspeclion, architectural or engi-
neering activilies.

Any coverage provided hereunder will be excess
over any other vatid and collectible insurance avail-
able to the additional insured whether primary, ex-
cess, contingent or on any other basis unless a
written conlract specifically requires that this insur- ance 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 in-
surer 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;+.riri4
viixivrn:oF OUnffiiliirrT6:Hee0vER,Eho.ilil6il{EnbEitp-onsemitriaAiirorRulx "WO 04'03',06
Wsfv,ll I ri Ot 6ni'ori,'e
ths':'6X€nt'Xh?it
'9o'tir etupl6'y€esirirhllei.eiueg9'd,iriitt'i6
TITORKERS'SOMEENSATION ANDiEMPLOYERS TIABITITYiINSURANGE'POI.IOY y6ti;yiiiisii;n{rilhtaiit
woilf;ueiffiu,qi, tir, tBE :$6hsdd lp:

Wd
our
P.d'f $.,oir,o.t:g'tgd6iiaii"6$
Blanket Waiver - Any person or organization for lvhom tlte Named llrured has agreed by written contract to furnish this waiver.
-r[_dpiE"6.neh!,EIl*ltr
insursii
:?o.uiy,r{q. ON 'L ?? oo-o! :gr{oFenq,ilf{,01,
lnsttftnls 00fl.!pahy
,$oti-edulg
ri,o.FD'ti,s-ff F"fi.c,fl .'
All CAOpcrations
;6iP51Et6lgd0d,Eg
6rs$ilb. iriiiiiwilrt(;j*.c{ffpttiitrid;iilnltu}a"iiiE:RaiiiitEti66ii,'or,'oilirdniiiii,Alt..r0iilifijfill3H., ThU aijdtltjrifil :pr'{ft1iriiri'fqi thig ,e..nil.ES6rnpnt $hhll',bdilgz_-.-.yq,o"t ffi BaliforhiA WukQig! coriipthbalurf Biemiiidt olhffi iq;e, tl q 5 ff : qu,Eh re nt ff n;6r5t!oti,
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.

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. lncludes copyrighted material of lnsurance Services Office, lnc., with its PermissionMCA85100817-CA 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.

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.

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.

MCA85100817-CA Page 6 of 6
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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 revenuepurposes 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 t he state, county, feder al 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) speci fied 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

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and effect for a period commencing on 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 by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.

Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City.

3. Compensation. C ompensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed Seven Hundred Forty Three Thousand Forty Two Dollars ($743,042) without additional written authorization from the City. Notwithstanding any provision of Contractor'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. Contractor 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. Contractor’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 Contractor provides services. Contractor’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 desc ription of any reimbursable expenditures. City shall pay Contractor 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 mak e an independent investigation into the background of Contractor ’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 Contractor’s prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same. Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.

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b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor 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 Contractor 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 Contractor, 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 Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor’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 third- party requests of Contractor shall be immediately referred to C ity, without any other actions by Contractor.
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 Contractor under this Agreement ("Documents & Data") . Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor 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 Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such material s be disclosed to any person or entity not connected with the performance of the services under this Agreement . Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shal l be deemed confidential . Contractor shall not use City’s name or insignia, photographs relating to project for which Contractor ’s services are rendered, or any publicity pertaining to the Contractor’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.

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8. Contractor’s Books and Records.
a. Contractor 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 Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) year s, 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 s o. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor’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 disca rded due to dissolution, disbandment or termination of Contractor ’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 Contractor, Contractor’s representatives, or Contractor’s successor-in-interest.

9. Independent Contractor.
a. Contractor 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 Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor ’s officers, employees, or agents, except as set forth in this Agreement. Contractor 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. Contractor 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 Contractor as provided in the Agreement, Contractor 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.

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indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributi ons, which would otherwise be the responsibility of City.

11. Interests of Contractor . Contractor (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 Contractor ’s services hereunder. Contractor 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.

Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the contr ol 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 Contractor . City has relied upon the professional training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled professi onal and technical personnel to perform all services under this Agreement. All work performed by Contractor 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 Contractor ’s field of expertise.

13. Compliance with Laws.
a. Contractor 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 Contractor and/or its employees, officers, or board members.
b. Contractor 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. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. 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.

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15. Indemnity. Contractor 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 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 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 endorsem ents 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.

16. Insurance Requirements.
a. Insurance. Contractor, at Contractor ’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. 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. 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 DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69

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covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Cover age. 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.
iv. 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 Contractors. 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 pr otection 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.

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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.

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 Contractor: RP Landscape & Irrigation, Inc.

Attn: Roy Perez
P.O. Box 1200
San Bernardino, CA 92402

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 Contractor and the subcontractors listed in Exhibit B. Contractor 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 Contractor under this Agreement will be permitted only with the express consent of the City. Contractor 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 subc ontract, Contractor 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.

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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 t o 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. 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.

23. 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.

24. Prevailing Wages . Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 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.

Contractor 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, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor 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.

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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. 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.

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. Contractor’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 speci fically agreed to in writing. In the event of conflict, this A greement shall take precedence over those contained in the Contractor’s Proposal.

30. 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.

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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

Grant Yates, City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

Risk Manager

“CONTRACTOR”
RP Landscape & Irrigation, Inc., a Corporation

By: Roy Perez
Its: Owner

Attachments: Exhibit A – Contractor’s Proposal
Exhibit B – List of Subcontractors

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EXHIBIT A

EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69 DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69 DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69 DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69 DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69 DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69 DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69 DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69 DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69 DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69 DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69 DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69 DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69 DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69 DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69 DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69 DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69 DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69 DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69 DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69 DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69

EXHIBIT B

LIST OF SUBCONTRACTORS

NONE

DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69 11/04/2020
Central City Insurance Agency, Inc.
1030 Nevada Street
Suite 106
Redlands CA 92374
Patricia Wagner,CIC,CISR, FLMI
(909) 307-6076 (909) 798-4107
[email protected]
Roy Perez DBA: R P Landscape & Irrigation
P.O. Box 1200
San Bernardino CA 92402
Scottsdale Ins Co 41297
CA Auto 38342
NorGuard Insurance Group 31470
2020-2021
A
$500.00 Deductible
All Losses Y Y CPS72448303 10/19/2020 10/19/2021
1,000,000
100,000
5,000
1,000,000
2,000,000
2,000,000
B Y Y BA040000040814 04/12/2020 04/12/2021
1,000,000
Theft Prevention
Authority Charge
C Y ROWC183605 01/10/2020 01/10/2021
1,000,000
1,000,000
1,000,000
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. and are named as Additonal Insured per Blanket Additional Insured endorsement GLS150s 07 09 Primary and Non Contributory applies per endorsement CG 20 01 04/13, Waiver of Subrogation for General Liability applies per endorsement CG 24 04 05

09. As regards Automobile coverage Waiver and Blanket additional insured applies per endorsement MCA85100817-CA 30 day notice for cancellation, 10 day notice for cancellation by non-payment
City of Lake Elsinore
521 N Langstaff Street
Lake Elsinore CA 92530

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69

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
11/5/2020 11/30/2021
DocuSign Envelope ID: E89FC5D7-A40A-4B91-A08A-0ED1C5189F69

Page 1 of 2 ends

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: August 8, 2023
Subject: Amendment No. 3 to the On-Call Contractor Services Agreement with Alvarez Enterprise Services for Monthly Janitorial Services for City Parks Recommendation
Approve and authorize the City Manager to execute Amendment No. 3 to the contract with Alvarez Enterprise Services in an amount not to exceed $44,717.04 for four (4) months of Monthly Janitorial Services for City Parks, with such amendment to be prepared and approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $4,471.00 for uncertainties and adjustments.

Background
On June 30, 2023, Alvarez Enterprise Services completed a four-year contract with the City of Lake Elsinore for monthly janitorial services at Citywide Parks. At the completion of the four-year contract, the City and Alvarez Enterprise Services agreed to seek an extension of the contract to continue janitorial services at City Parks for four (4) additional months while City staff evaluates other service options. The total planned compensation for the four month period is $44,717.04 and will be paid in monthly installments, with a 10% contingency.

Discussion
The amendment will provide for the continued performance of monthly janitorial services to city park restrooms, locking of park gates where necessary seven days a week including holidays.

This will ensure the continued On-Call support is in place for immediate operational demands and continued services are provided through October.

Fiscal Impact
Funds are available in the City’s Fiscal Year 23/24 Operating Budget.

Extension of Agreement with Alvarez Enterprise

Page 2 of 2 ends

6 4
6 Attachments
The City Attorney’s Office will prepare Amendment No. 3 consistent with the City Council’s approval.

Attachment 1 – Amendment No. 2
Attachment 2 – Amendment No. 1
Attachment 3 – Original Agreement
AMENDMENT NO. 2

TO AGREEMENT FOR CONTRACTOR SERVICES

Alvarez Enterprise Services

Janitorial Services

This Amendment No. 2 to Agreement for Contractor Services is made and entered into as of 4/13/2021, by and between the City of Lake Elsinore, a municipal corporation (“City), and Alvarez Enterprise Services, a Janitorial (“Contractor”).

RECITALS

A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of November 12, 2019 (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 One Hundred Fourteen Thousand Four Hundred Fifty Six dollars ($114,456).

C. The Original Agreement had a term of seven (7) months commencing on 11/12/2019 and ending on 6/30/2020.

D. Amendment No. 1 extended the term of the agreement for an additional 12-month term as provided for in the terms of the Original Agreement. Compensation remained at $114,456 for FY20-21.

E. The parties now desire to amend the scope of services and increase the payment for such services 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 3/11/2021 Proposal (attached to this Amendment No. 2 as Exhibit A-1 Option 1). Contractor shall provide such services at the time, place, and in the manner specified in Exhibit A-1 Option 1, subject to the direction of the City through its staff that it may provide from time to time.

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

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. 2 and Exhibit A - Original Agreement) which are attached hereto and incorporated herein by reference. In no event shall Contractor ’s compensation exceed One Hundred Thirty -Six Thousand Two Hundred Fifty -Six dollars ($136,256) without additional written authorization from the City Council.

Annual compensation during each renewal term, if any, shall not exceed One Hundred Thirty -Six Thousand Two Hundred Fifty -Six dollars ($136,256). Notwithstanding any provision of Contractor ’s Proposal to the contrary, out of pocket expenses, shall be reimbursed at cost without an DocuSign Envelope ID: 87D74F19-53C6-49E4-978D-994012F0BEEE

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”
Alvarez Enterprise Services

City Manager
Date:

Fidel Alvarez - Owner

Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

Risk Manager

Attachments: Exhibit A-1 – Contractor ’s Proposal
DocuSign Envelope ID: 87D74F19-53C6-49E4-978D-994012F0BEEE 4/27/2021 | 11:02 AM PDT4/27/2021 | 11:10 AM PDT

EXHIBIT A-1
CONTRACTOR ’S PROPOSAL
[ATTACHED]

DocuSign Envelope ID: 87D74F19-53C6-49E4-978D-994012F0BEEE

JANITORIAL SERVICES
Prepared for

CITY OF LAKE ELSINORE
Public Works Department
215 W Graham Ave
Lake Elsinore, California, 92530
Prepared by
Fidel Alvarez
Alvarez Enterprise Services
40974 Bankhall St, Lake Elsinore CA, 92532
951-387-0051
[email protected]
Submitted on
3/11/2021
Exhibit A-1
DocuSign Envelope ID: 87D74F19-53C6-49E4-978D-994012F0BEEE

COST PROPOSAL / COST BREAKDOWN
Based on our analysis of your needs and the nature of our proposed solution, the total monthly funds required for the location at 215 W Graham Ave are estimated at:

Option1: $1215.00
3-day cleaning of facilitie s and common areas . Included are the consumables; toilet paper, seat covers, soap and trash bags.

Deep cleaning per room when requested $120.00.

Option 2: $2449.00
4-day cleaning of facilities and common areas.

Cleaning of all 16 rooms 2 times per month.

Price Includes are all consumables, toilet paper, seat covers, hand soap and trash bags.

PAYMENT TERMS
This proposal provides an estimate of total costs. All amounts exceeding this quotation are subject to the approval of the City of Lake Elsinore.

The above charges are a total figure including wages, cleaning supplies and equipment, payroll taxes and insurance, vacation, supervision, and all other contractor costs.

Due to minimum wage increase in California the monthly charge for each year will change to comply with state regulations.

DocuSign Envelope ID: 87D74F19-53C6-49E4-978D-994012F0BEEE 10/14/2020
TRADESTONE INSURANCE SERVICES, INC.
14772 PIPELINE AVE. STE. B
CHINO HILLS, CA 91709
TEL: 909-597-4241; FAX: 909-597-4281
Alvarez Enterprise Services
40974 Bankhall St
Lake Elsinore CA 92532
Associated Industries Insurance Co, Inc. 23140
California Automobile Insurance Co 38342
National Union Fire Insurance Company 19445
Sirius America Insurance Co 38776
A X X
X
X
NA168725000 10/05/2020 10/05/2021
1,000,000
100,000
5,000
1,000,000
2,000,000
2,000,000
B
X
BA040000037102 10/10/2020 10/10/2021 1,000,000
C X EBU015476363 10/05/2020 10/05/2021
2,000,000
2,000,000
D WC50351-20 07/17/2020 07/17/2021
X
1,000,000
1,000,000
1,000,000
10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM WILL BE PROVIDED Lake Elsinore City
130 South Main Street
Lake Elsinore, CA 92530
30 <SAC>
TM

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADD'L

LTR INSRD

DATE (MM/DD/YYYY)

PRODUCER

INSURED

POLICY EFFECTIVE POLICY EXPIRATIONPOLICY NUMBER LIMITSDATE (MM/DD/YY) DATE (MM/DD/YY)TYPE OF INSURANCE

GENERAL LIABILITY

AUTOMOBILE LIABILITY

GARAGE LIABILITY

EXCESS/UMBRELLA LIABILITY

WORKERS COMPENSATION AND

EMPLOYERS' LIABILITY
OTHER

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN

NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE
INSURER A:

INSURER B:

INSURER C:

INSURER D:

INSURER E:

EACH OCCURRENCE $

DAMAGE TO RENTED
COMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurence)
CLAIMS MADE OCCUR MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $

PRO-POLICY LOCJECT
COMBINED SINGLE LIMIT $(Ea accident)ANY AUTO
ALL OWNED AUTOS BODILY INJURY $(Per person)SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $(Per accident)NON-OWNED AUTOS PROPERTY DAMAGE $(Per accident)
AUTO ONLY - EA ACCIDENT $
ANY AUTO EA ACC $OTHER THAN
AUTO ONLY: AGG $
EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
$
DEDUCTIBLE $
RETENTION $ $

WC STATU- OTH-

TORY LIMITS ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $SPECIAL PROVISIONS below
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING

ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO W HICH THIS CERTIFICATE MAY BE ISSUED OR

MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION

ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

INSURERS AFFORDING COVERAGE NAIC #

COVERAGES

ACORD CERTIFICATE OF LIABILITY INSURANCE
DocuSign Envelope ID: 87D74F19-53C6-49E4-978D-994012F0BEEE ACORD 25 (2001/08)
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

If SUBROGATION IS W AIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.

DISCLAIMER

IMPORTANT
DocuSign Envelope ID: 87D74F19-53C6-49E4-978D-994012F0BEEE

CITY OF LAKE ELSINORE

TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:

Business Location:

Owner Name(s):

BUSINESS LICENSE NO.

Issue Date:

Description:

Expiration Date:

BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
40974 BANKHALL ST Business Type:

LAKE ELSINORE, CA 92532-1641

ALVAREZ ENTERPRISE SERVICES
40974 BANKHALL ST
LAKE ELSINORE, CA 92532-1641
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

ALVAREZ ENTERPRISE SERVICES

FIDEL ALVAREZ

RESIDENTIAL BUSINESS/OFFICE USE
ONLY

JANITORIAL / GRAFFITI REMOVAL
022262
7/1/2020 6/30/2021
DocuSign Envelope ID: 87D74F19-53C6-49E4-978D-994012F0BEEE AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACTOR SERVICES
Alvarez Enterprise Services

Janitorial Services
This Amendment No. 1 to Agreement f or Contractor Services (“Amendment No. 1”) is made and entered into as of July 1, 2020 by and between the City of Lake Elsinore, a municipal corporation (“City), and Alvarez Enterprise Services (“Contractor”).

RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of November 12, 2019 (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 not to exceed One Hundred Fourteen Thousand Four Hundred Fifty-Six dollars ($114,456) for Fiscal Year 2019/2020.

C. The term of the Original Agreement was for seven (7) months and allows the City to extend the term on a 12-month basis, not to exceed three (3) additional 12 month renewals.

D. The parties now desire to extend the term for an additional 12-monthsm 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 2, subpart C, Term, of the Original Agreement is hereby amended to add the following:

Unless earlier terminated as provided elsewhere in the Original Agreement, this Amendment No. 1 shall continue in full force and effect for a period of twelve (12) months, commencing on July 1, 2020 and ending on June 30, 2021. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed two (2) additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.

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

Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor’s Proposal (Exhibit A to the Original Agreement).

In no event shall Contractor’s compensation related to Exhibit A to the Original Agreement exceed One Hundred Fourteen Thousand Four DocuSign Envelope ID: C13042B3-DE6F-4B36-82C8-D90D54F2EAC1

Hundred Fifty Six dollars ($114,456) for Fiscal Year 2020- 2021 without additional written authorization from the City.

Notwithstanding any provision of Contractor’s Proposal to the contrary, out of pocket expenses set f orth 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. 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. 1 to be executed on the respective dates set forth below.

“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation

Grant Yates, City Manager

Date:

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

Risk Manager

“CONTRACTOR”
Alvarez Enterprise Services

By: Fidel Alvarez
Its: Owner
Date:

Attachments: Exhibit A – Original Agreement
DocuSign Envelope ID: C13042B3-DE6F-4B36-82C8-D90D54F2EAC1 7/20/2020 | 9:10 AM PDT
7/20/2020 | 9:23 AM PDT

EXHIBIT A
EX

HIBIT A
O

RIGINAL AGREEMENT
[
ATTACHED]
DocuSign Envelope ID: C13042B3-DE6F-4B36-82C8-D90D54F2EAC1 City of Lake Elsinore
Alvarez Enterprise Services
11/12/2019 Page 1

AGREEMENT FOR CONTRACTOR SERVICES
Alvarez Enterprise Services
Janitorial Services
This Agreement for Contractor Services (the “Agreement”) is made and entered into as of November 12, 2019 by and between the City of Lake Elsinore, a municipal corporation ( ‘‘City") and Alvarez Enterprise Services (“Contractor”).

RECITALS
A. The City has determined that it requires the following services: Janitorial Services for city park restrooms , locking of park gates where necessary seven days a week including holidays.

B. Contractor has submitted to City a proposal, dated 10/14/2019, attached hereto as Exhibit A (“Contractor’s Proposal”) and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement.

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

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

AGREEMENT

1. Scope of Services . Contractor shall perform the services and related work described in Contractor’s Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor’s Proposal (Exhibit A), 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 services and related work to be performed b y Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor’s Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work.
b. Performance Schedule . Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work 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.

DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960 DocuSign Envelope ID: C13042B3-DE6F-4B36-82C8-D90D54F2EAC1 City of Lake Elsinore
Alvarez Enterprise Services
11/12/2019 Page 2
c. Term.

Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of seven (7) months, commencing on November 12, 2019, and ending on June 30, 2020. The City may, at its sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed three (3) additional twelve (12) month renewal terms by giving written notice thereof to Contractor 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 Contractor shall be in accordance with the fees set forth in Contractor’s Proposal ( Exhibit A), which is attached hereto and incorporated herein by reference . In no event shall Contractor’s compensation exceed One Hundred Fourteen Thousand Four Hundred Fifty Six dollars ($114,456) without additional written authorization from the City. Notwithstanding any provision of Contractor’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. Contractor 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. Contractor’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 Contractor provides services. Contractor’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 Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff.

5. Reserved.

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 Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor 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 sus pension 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 Contractor 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 Contractor will submit an invoice to the City, pursuant to Sec tion entitled “Method of Payment” herein.

7. Ownership of Documents . All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except w orking notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor’s expense, provide such reports, plans, studies, documents and other writings to City upon written request . City acknowledges DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960 DocuSign Envelope ID: C13042B3-DE6F-4B36-82C8-D90D54F2EAC1 City of Lake Elsinore
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that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Contractor, its officers, officials, agents, employees and volunteers from any 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 City’s use of such materials in a manner beyond the intended purpose as set forth herein.
a. 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 fixe d 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 Contractor under this Agreement ("Documents & Data") . Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data . Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor 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. b. Confidentiality. All ideas, memoranda, specifications, plans, procedur es, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor 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 Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential . Contractor shall not use City’s name or insignia, photographs relating to project for which Contractor’s services are rendered, or any publicity pertaining to the Contractor’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. Contractor’s Books and Records.
a. Contractor 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 Contractor to this Agreement.
b. Contractor shall maintain all documen ts 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 ma intained 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 DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960 DocuSign Envelope ID: C13042B3-DE6F-4B36-82C8-D90D54F2EAC1 City of Lake Elsinore
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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 Contractor’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 Contractor’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 Contractor, Contractor’s representatives, or Contractor’s successor-in-interest.

9. Independent Contractor. It is understood that Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City.

10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor 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, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its emp loyees, 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.

Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor 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.

11. Interests of Contractor. Contractor (including principals, associates and management 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 Contractor’s services hereunder. Contractor 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.

Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
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)) DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960 DocuSign Envelope ID: C13042B3-DE6F-4B36-82C8-D90D54F2EAC1 City of Lake Elsinore
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12. Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement .

All work performed by Contractor under this Agreement shal l be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor’s field of expertise.

13. Compliance with Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.

14. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. 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, permit s, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license.

15. Indemnity. Contractor 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 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 i ts 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 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.

16. Insurance Requirements.
a. Insurance. Contractor, at Contractor’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 . Contractor shall maintain Workers’ Compensation Insuranc e 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 DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960 DocuSign Envelope ID: C13042B3-DE6F-4B36-82C8-D90D54F2EAC1 City of Lake Elsinore
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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. 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 requi red 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) cover ing 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.
b. Endorsements. Each general liability and automobi le 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 ar e 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 consider ed 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 waiv es all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.

DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960 DocuSign Envelope ID: C13042B3-DE6F-4B36-82C8-D90D54F2EAC1 City of Lake Elsinore
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v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed of ficers, 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 co mmencement 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.

18. 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.

19. 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.

20. Assignment and Subcontracting . The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor and the subcontractors listed in Exhibit B. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960 DocuSign Envelope ID: C13042B3-DE6F-4B36-82C8-D90D54F2EAC1 City of Lake Elsinore
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obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor 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, Contractor 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.

21. 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 p rovision under this Agreement.

22. 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.

23. 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.

24. 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, includin g court costs, expert witness fees, discovery expenses, and attorneys’ fees.

25. 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 q ualified 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.

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

27. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other t han 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 DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960 DocuSign Envelope ID: C13042B3-DE6F-4B36-82C8-D90D54F2EAC1 City of Lake Elsinore
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with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

28. 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.

29. Prevailing Wages . Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 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.

Contractor 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 t hat, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non -payment of prevailing wages under California law, and Contractor 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.

30. 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]
DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960 DocuSign Envelope ID: C13042B3-DE6F-4B36-82C8-D90D54F2EAC1 City of Lake Elsinore
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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
Grant Yates, City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
“CONTRACTOR”
Alvarez Enterprise Services
By: Fidel Alvarez
Its: Owner
Date: _____________________
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DocuSign Envelope ID: C13042B3-DE6F-4B36-82C8-D90D54F2EAC1

EXHIBIT A

EXHIBIT A
CONTRACTOR’S SCOPE OF WORK AND PROPOSAL PRICE BREAKDOWN [ATTACHED]
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EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]
NONE
DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960 DocuSign Envelope ID: C13042B3-DE6F-4B36-82C8-D90D54F2EAC1

PROPOSAL BID SCHEDULE
Addendum A
CONTRACTOR: Alvarez Enterprise Services_________________________________________ Base Bid: All park restrooms to be serviced (7) days per week and ALL holidays with exception of Rosetta Sports Park.

NOTE: Please refer to original RFP for description and clarifications of Basic Service. The Proposal shall include, but not limited to, sales tax and all other applicable taxes and fees.

SITE ADDRESS SERVICE DAYS LOCK GATE MONTHLY
COST

1. Alberhill Community Park
28200 Lake Street
Monday-Sunday and all
Holidays
n/a $419.70

2. Canyon Hills Community Park
34360 Canyon Hills Road
Monday-Sunday and all
Holidays
Lock Gate (1)
Monday-Sunday
$419.70

3. Creekside Park
3200 Lost Road
Monday-Sunday and all
Holidays
Lock Gate (1)
Monday-Sunday
$419.70

4. Lakepoint Park
420 E. Lakeshore Drive
Monday-Sunday and all
Holidays
Lock Gate (1)
Monday-Sunday
$419.70

5. Machado Park
15150 Joy Street
Monday-Sunday and all
Holidays
Lock Gate
Monday-Sunday
$419.70

6. McVicker Canyon Park
Community Park
29355 Grand avenue
Monday-Sunday and all
Holidays
Lock Gate (2)
Monday-Sunday
$419.70

7. McVicker Canyon Park Skate Park
29355 Grand avenue
Monday-Sunday and all
Holidays
Lock Gate (1)
Monday-Sunday
$419.70

8. Rosetta Canyon Community Park
and Office
39423 Ardenwood Way
Monday-Sunday and all
Holidays
Lock Gate (1)
Monday-Sunday
$419.70

9. Rosetta Sports Park
39423 Ardenwood Way
Sunday, Wednesday,
Friday, Saturday and all
Holidays
n/a $480.00

10. Serenity Park
Palomar Street / Silverwood Drive
Monday-Sunday and all
Holidays
n/a $419.70

11. Summerhill Park
31613 Summerhill Drive
Monday-Sunday and all
Holidays
Lock Gate (1)
Monday-Sunday
$419.70

12. Summerlake Park
900 W. Broadway
Monday-Sunday and all
Holidays
n/a $419.70

13. Summerly Park
18505 Malaga
Monday-Sunday and all
Holidays
Lock Gate (1)
Monday-Sunday
$419.70

14. Swick & Matich Park Concession
Stand Building Restroom
402 Limited Street
Monday-Sunday and all
Holidays
Lock Gate (1)
Monday-Sunday
$419.70

15. Swick & Matich Park Ballfield
Restroom
Monday-Sunday and all
Holidays
n/a $210.00

EXHIBIT B
DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960 DocuSign Envelope ID: C13042B3-DE6F-4B36-82C8-D90D54F2EAC1 402 Limited Street

16. Tuscany Hills Park
30 Summerhill Drive
Monday-Sunday and all
Holidays
Lock Gate (3)
Monday-Sunday
$419.70

17. Yarborough Park
419 n. Poe Street
Monday-Sunday and all
Holidays
n/a $419.70

18. Seaport Boat Launch
500 W. Lakeshore Dr.

Monday-Sunday and all
Holidays
Lock Gate (1)
Monday-Sunday
$419.70

19. Christiansen Park
32934 Pacifica Place
Monday-Sunday and all
Holidays
n/a $419.70

MONTHLY COST PROPOSAL TOTAL
Alternative ‘A’ Contractor supplies ALL Consumables.

Alternative ‘A’ Total Amount of Bid Proposal in NUMBERS:$_9538.00______________________ Alternative ‘A’ Total Amount of Bid Proposal in WORDS: nine thousand five hundred thirty eight dls no cents
Alternative ‘B’ City supplies All Consumables.

Alternative ‘B’ Total Amount of Bid Proposal in NUMBERS: $7824.00______________________ Alternative ‘B’ Total Amount of Bid Proposal in WORDS: Seven thousand eight hundred twenty four dls
DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960 DocuSign Envelope ID: C13042B3-DE6F-4B36-82C8-D90D54F2EAC1 11/14/2019
TRADESTONE INSURANCE SERVICES, INC.
14772 PIPELINE AVE. STE. B
CHINO HILLS, CA 91709
TEL: 909-597-4241; FAX: 909-597-4281
Alvarez Enterprise Services
40974 Bankhall St
Lake Elsinore CA 92532
Amtrust International Underwriters Ltd.

California Automobile Insurance Company
National Union Fire Insurance Company
A X X
X
X
XN106816303 10/05/2019 10/05/2020
1,000,000
100,000
5,000
1,000,000
2,000,000
2,000,000
B
X
BA040000037102 10/10/2019 10/10/2020 1,000,000
C X EBU20241749 10/05/2019 10/05/2020
2,000,000
2,000,000
10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM WILL BE PROVIDED Lake Elsinore City
130 South Main Street
Lake Elsinore, CA 92530
30 <SAC>
TM

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADD'L

LTR INSRD

DATE (MM/DD/YYYY)

PRODUCER

INSURED

POLICY EFFECTIVE POLICY EXPIRATIONPOLICY NUMBER LIMITSDATE (MM/DD/YY) DATE (MM/DD/YY)TYPE OF INSURANCE

GENERAL LIABILITY

AUTOMOBILE LIABILITY

GARAGE LIABILITY

EXCESS/UMBRELLA LIABILITY

WORKERS COMPENSATION AND

EMPLOYERS' LIABILITY
OTHER

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN

NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE
INSURER A:

INSURER B:

INSURER C:

INSURER D:

INSURER E:

EACH OCCURRENCE $

WC STATU- OTH-

ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO W HICH THIS CERTIFICATE MAY BE ISSUED OR

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION

ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

INSURERS AFFORDING COVERAGE NAIC #

COVERAGES

ACORD CERTIFICATE OF LIABILITY INSURANCE
DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960 DocuSign Envelope ID: C13042B3-DE6F-4B36-82C8-D90D54F2EAC1 ACORD 25 (2001/08)
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

If SUBROGATION IS W AIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

DISCLAIMER

IMPORTANT
DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960 DocuSign Envelope ID: C13042B3-DE6F-4B36-82C8-D90D54F2EAC1 CERTIFICATE OF EXEMPTION FROM WORKER’S COMPENSATION LAWS I am aware of the provisions of California Labor Code Section 3700, which requires every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code. I affirm that at all times in performing the work for which this Certificate is provided I will not employ any person in any manner so that I become subject to the workers' compensation laws of California. I also understand that if while performing the work for which this Certificate is provided I employ someone so that I become subject to the workers' compensation laws of California, the claim of exemption executed under this form will no longer be valid. I affirm that if I become subject to the workers' compensation laws of California while performing the work for which this Certificate is provided I will obtain a Certificate of Workers’ Compensation Insurance, submit that Certificate to Resources Legacy Fund immediately following its effective date, and continuously maintain the coverage provided by the Certificate in accordance with the law.

I certify under penalty of perjury under the laws of the State of California that the information provided on this exemption statement is true and accurate.

Signature: ________________________________ Date: ___________________ Name: __________________________________
Title: __________________________________
6/26/2020
Fidel Alvarez
President / owner
DocuSign Envelope ID: C13042B3-DE6F-4B36-82C8-D90D54F2EAC1

CITY OF LAKE ELSINORE

TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:

Business Location:

Owner Name(s):

BUSINESS LICENSE NO.

Issue Date:

Description:

Expiration Date:

BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
40974 BANKHALL ST Business Type:

LAKE ELSINORE, CA 92532-1641

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

ALVAREZ ENTERPRISE SERVICES

FIDEL ALVAREZ

RESIDENTIAL BUSINESS/OFFICE USE
ONLY

JANITORIAL / GRAFFITI REMOVAL
022262
7/1/2020 6/30/2021
DocuSign Envelope ID: C13042B3-DE6F-4B36-82C8-D90D54F2EAC1 City of Lake Elsinore
Alvarez Enterprise Services
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RECITALS
A. The City has determined that it requires the following services: Janitorial Services for city park restrooms , locking of park gates where necessary seven days a week including holidays.

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

AGREEMENT

DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960

City of Lake Elsinore
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c. Term.

4. Method of Payment. Contractor 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. Contractor’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 Contractor provides services. Contractor’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 Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff.

5. Reserved.

7. Ownership of Documents . All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except w orking notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor’s expense, provide such reports, plans, studies, documents and other writings to City upon written request . City acknowledges DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960 City of Lake Elsinore
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that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Contractor, its officers, officials, agents, employees and volunteers from any 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 City’s use of such materials in a manner beyond the intended purpose as set forth herein.
a. 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 fixe d 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 Contractor under this Agreement ("Documents & Data") . Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data . Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor 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. b. Confidentiality. All ideas, memoranda, specifications, plans, procedur es, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor 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 Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential . Contractor shall not use City’s name or insignia, photographs relating to project for which Contractor’s services are rendered, or any publicity pertaining to the Contractor’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. Contractor’s Books and Records.
a. Contractor 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 Contractor to this Agreement.
b. Contractor shall maintain all documen ts 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 ma intained 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 DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960 City of Lake Elsinore
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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 Contractor’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 Contractor’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 Contractor, Contractor’s representatives, or Contractor’s successor-in-interest.

Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
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)) DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960 City of Lake Elsinore
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13. Compliance with Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.

14. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. 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, permit s, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license.

15. Indemnity. Contractor 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 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 i ts 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 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.

16. Insurance Requirements.
a. Insurance. Contractor, at Contractor’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 . Contractor shall maintain Workers’ Compensation Insuranc e 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 DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960 City of Lake Elsinore
Alvarez Enterprise Services
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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. 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 requi red 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) cover ing 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.
b. Endorsements. Each general liability and automobi le 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 ar e 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 consider ed primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers .

DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960 City of Lake Elsinore
Alvarez Enterprise Services
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v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed of ficers, 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 co mmencement 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.

19. 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.

20. Assignment and Subcontracting . The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor and the subcontractors listed in Exhibit B. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960 City of Lake Elsinore
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obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor 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, Contractor 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.

21. 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 p rovision under this Agreement.

27. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other t han 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 DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960 City of Lake Elsinore
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with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Contractor 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 t hat, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non -payment of prevailing wages under California law, and Contractor 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.

30. 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]
DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960 City of Lake Elsinore
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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
Grant Yates, City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
“CONTRACTOR”
Alvarez Enterprise Services
By: Fidel Alvarez
Its: Owner
Date: _____________________
DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960 11/14/2019 | 3:13 PM PST

EXHIBIT A

EXHIBIT A
CONTRACTOR’S SCOPE OF WORK AND PROPOSAL PRICE BREAKDOWN [ATTACHED]
DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]
NONE
DocuSign Envelope ID: C0D29A82-1687-4B79-87CE-1A865F0C1960