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:
September 26, 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 2nd and 4th 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 [email protected].
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 September 26, 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 September 26, 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 September 12, 2023
Approve the Minutes.
2) CC Warrant Report Dated Aug 18, 2023 to Aug 24, 2023
Receive and File.
3) Cooperative Funding Agreement Between Elsinore Valley Municipal Water District and the City of Lake Elsinore for the Construction of Street Improvements Adjacent to EVMWD Parking Lot at Gedge Ave. and Treleven Ave.
Approve and authorize the City Manager to execute the Cooperative Funding Agreement, with Elsinore Valley Municipal Water District (EVMWD), for the EVMWD Parking Lot and Street Improvements Project in the not-to-exceed amount of $178,673.34 in final form as approved by the City attorney.
4) Consideration of Annual Reporting of Completed State-Mandated Fire and Life Safety Inspections by the City of Lake Elsinore in Compliance With SB 1205 for Fiscal Year 2022-2023.
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE
CHIEF OF THE RIVERSIDE COUNTY FIRE DEPARTMENT REGARDING THE
INSPECTION OF CERTAIN OCCUPANCIES REQUIRING ANNUAL INSPECTIONS IN SUCH OCCUPANCIES PURSUANT TO SECTIONS 13145, 13146 and 17921 OF THE CALIFORNIA HEALTH AND SAFETY CODE.
5) Agreement with Automated Gate Services, Inc. for Gate Repair Services
Approve and authorize the City Manager to execute an Agreement for Contractor Services with Automated Gate Services, Inc. for Gate Repair Services in an amount not to exceed $13,000.00 per Fiscal Year for a term of three (3) years in such final form approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $1,300.00 for unanticipated costs.
City Council Agenda - Final September 26, 2023
City of Lake Elsinore Page 4
6) Agreement with Southwest Ice Machine for Citywide Facilities Ice Machine Repairs and Services
Approve and authorize the City Manager to execute Agreement for Contractor Services with Southwest Ice Machine for Citywide Facilities Ice Machine Repairs and Services in an amount not to exceed $15,000.00 per Fiscal Year for a term of three (3) years in such final form approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $1,500.00 for unanticipated costs.
7) Agreement with Advanced Heating & Air Conditioning for Citywide Facilities Repairs & Services
Approve and authorize the City Manager to execute an Agreement for Contractor Services with Advanced Heating & Air Conditioning for Citywide Facilities Repairs and Services in an amount not to exceed $25,000.00 per Fiscal Year for a term of three (3) years in such final form approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $2,500.00 for unanticipated costs.
8) Agreement with Hazzard Backflow, Inc. for Citywide Parks, Facilities, and LLMD’s Testing and Repairs
Approve and authorize the City Manager to execute an Agreement for Contractor Services with Hazzard Backflow, Inc. for Citywide Parks, Facilities, and LLMD’s Testing and Repairs in an amount not to exceed $30,000.00 per Fiscal Year for a term of three (3) years in such final form approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $3,000.00 for unanticipated costs.
9) Cost Increase for Purchase of Vessel Engines
Approve and authorize the City Manager to approve $1,957.32 additional funds for Last Chance Performance Marine, Inc. for the inflation cost for the purchase of three (3) Vessel Engines in a total amount not to exceed $72,121.56 in such final form approved by the City Attorney.
10) Rental Agreement with WillScot Mobile Mini for Mobile Office Trailer Rental for Code Enforcement
Approve and authorize the City Manager to execute a Rental Agreement with WillScot Mobile Mini for Mobile Office Trailer in an amount not to exceed $45,426.23 per Fiscal Year for a term of two (2) years in such final form approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $4,542.00 for unanticipated costs.
11) Agreement with Inland Empire General Contractor, Inc. for Minor On-Call Construction and Repair Services
Approve and authorize the City Manager to execute an agreement with Inland Empire General Contractor, Inc. in an amount not to exceed $100,000 for On-Call construction and repair services in such final form as approved by the City Attorney.
City Council Agenda - Final September 26, 2023
City of Lake Elsinore Page 5
SUCCESSOR AGENCY CONSENT CALENDAR
12) Minutes of the Regular Successor Agency Meeting of September 12, 2023
Approve the Minutes.
13) SA Warrant Report Dated Aug 18, 2023 to Aug 24, 2023
Receive and File.
PUBLIC HEARING
14) General Plan Amendment No. 2023-02 to Amend the Existing General Plan Land Use Designation from Low-medium Density Residential (LMR) to Medium Density Residential (MDR) and Zone Change No. 2023-02 to Change the Zoning Designation from Single-family Residential R-1) to Medium Density Residential (R-2) for an approximately 33.23-acre Site Located in the Lake Elsinore Hills District
1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING AN ADDENDUM TO THE 2011 GENERAL
PLAN UPDATE ENVIRONMENTAL IMPACT REPORT (STATE CLEARING HOUSE NO. 2005121019) FOR GENERAL PLAN AMENDMENT NO. 2023-02 AND ZONE CHANGE NO. 2023-02;
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2023-02 AMENDING THE LAND USE DESIGNATION FROM LOW-MEDIUM
DENSITY RESIDENTIAL (LMR) TO MEDIUM DENSITY RESIDENTIAL (MDR) FOR APNS 363-240-006, 010, 012, 014, 015, 022, 024, 025, 029, 031, 033, 039, 363-241-025, 050, 057, 064, 363-250-001 THROUGH 012; and
3. Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2023-02 CHANGING THE ZONING DESIGNATION FROM SINGLE- FAMILY RESIDENTIAL (R-1) TO MEDIUM DENSITY RESIDENTIAL (R-2) FOR APNS 363-240-006, 010, 012, 014, 015, 022, 024, 025, 029, 031, 033, 039, 363- 241-025, 050, 057, 064, 363-250-001 THROUGH 012.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
(Please read & complete a Request to Address the City Council/Successor Agency form prior to the start of the meeting and turn it in to the City Clerk/Clerk. The Mayor/Chair or City Clerk/Clerk will call on you to speak.)
CITY MANAGER COMMENTS
CITY ATTORNEY COMMENTS
CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED
City Council Agenda - Final September 26, 2023
City of Lake Elsinore Page 6
ADJOURNMENT
The Lake Elsinore City Council will adjourn to the next Regular meeting of Tuesday, October 10, 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, September 21, 2023.
_________________________
Candice Alvarez, MMC
City Clerk
REPORT TO CITY COUNCIL
To: Honorable Mayor or Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Candice Alvarez, MMC, City Clerk
Date: September 26, 2023
Subject: Minutes of the Regular City Council Meeting of September 12, 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:
September 12, 2023
Closed Session: 5:30 PM
Public Session: 7:00 PM
Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530
CALL TO ORDER
The Regular Meeting of the City Council was called to order at 5:32 p.m.
ROLL CALL
Present: 5 - Council Members Tisdale, Sheridan, and Magee; Mayor Pro Tem Manos; and Mayor Johnson
Absent: 0 - None
PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
There were no speakers.
CLOSED SESSION - 5:30 P.M.
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov’t Code Section 54956.8)
Property: APNs: 374-062-004, 374-062-016, 374-062-024
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and C&C Development Co., LLC Under negotiation: Price and terms of payment
B. Conference With Real Property Negotiators
(Gov’t Code Section 54956.8)
Property: APNs: 373-251-001, 373-251-002, 373-251-003
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Barbara A. Bousman Under negotiation: Price and terms of payment
City Council Minutes - Draft September 12, 2023
City of Lake Elsinore Page 2
C. Conference With Real Property Negotiators
(Gov’t Code Section 54956.8)
Property: APNs: 374-261-004
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and William Edward and Lisa Christine Zander
Under negotiation: Price and terms of payment
RECESS
The City Council recessed into Closed Session at 5:33 p.m.
RECONVENE/CALL TO ORDER
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
Mayor Pro Tem Manos led the Pledge of Allegiance.
MOMENT OF SILENCE
ROLL CALL
Present: 5 - Council/Agency Members Tisdale, Sheridan, and Magee; Mayor Pro Tem/Vice Chair Manos; and Mayor/Chair Johnson
Absent: 0 - None
CLOSED SESSION REPORT
City Attorney Leibold reported that three items were discussed; however, no reportable action was taken.
PRESENTATIONS/CEREMONIALS
1) Constitution Week
Present a Proclamation declaring the week of September 17-23, 2023 as “Constitution Week” in the City of Lake Elsinore.
Mayor Johnson presented the Proclamation to Joyce Hohenadl and Bonnie Hayosh. 2) Invention Convention Nationals
View a presentation from students of the Julia Lee Performing Arts Academy Regarding Invention Convention Nationals.
Kingsley Reyes, Sofia Flores, Sunny Watkins, and Chloe Barraza were present.
City Council Minutes - Draft September 12, 2023
City of Lake Elsinore Page 3
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - ONE MINUTE
Doug Norfolk was called to speak.
Ace Vallejos was called to speak.
Paulie Tehrani was called to speak.
CITY COUNCIL CONSENT CALENDAR
A motion was made by Mayor Pro Tem Manos, seconded by Council Member Tisdale to add an item to the City Council Consent Calendar as Item No. 24A which required immediate action and came to the City’s attention after the agenda was posted. The motion carried by the following vote:
Aye: 5 Council Members Tisdale, Sheridan, and Magee; Mayor Pro Tem Manos; and Mayor Johnson
Nay: 0 None
A motion was made by Mayor Pro Tem Manos, seconded by Council Member Tisdale to approve the City Council Consent Calendar noting Council Member Magee’s opposition to Item No. 13. The motion carried by the following vote:
Aye: 5 Council Members Tisdale, Sheridan, and Magee; Mayor Pro Tem Manos; and Mayor Johnson
Nay: 0 None
3) Minutes of the Regular City Council Meeting of August 22, 2023 Approve the Minutes.
4) CC Warrant Report Dated August 04, 2023 to August 10, 2023 Receive and File.
5) CC Warrant Report Dated August 11, 2023, to August 17, 2023 Receive and File.
6) CC Investment Report for July 2023
Receive and file the Investment Report for July 2023.
7) Agreement and Escrow Instructions for Purchase and Sale of Real Property 114 South Main Street, Lake Elsinore (APN 373-151-021)
Approve the purchase of real property located at 114 South Main Street (APN 373-151- 021) for $400,000, ratify the City Manager’s execution of the Agreement and Escrow Instructions for Purchase and Sale of Real Property (“Agreement”) and further authorize the City Manager or designee to execute such other ancillary documents as may be necessary to complete the purchase, in such final form as approved by the City Attorney.
City Council Minutes - Draft September 12, 2023
City of Lake Elsinore Page 4
8) Purchase of Real Property for Affordable Housing Purposes (APNs 374-062-004, 374-062-016, 374-062-024)
Approve the purchase of approximately 1.97 acres of real property located at Flint Street and North Spring Street (APNs 374-062-004, 374-062-016, 374-062-024) for $685,000 and authorize the City Manager or designee to execute an assignment of the Purchase Agreement and such other ancillary documents as may be necessary to complete the purchase, in such form as approved by the City Attorney. 9) Lake Elsinore Community Facilities District No. 2015-1 (Safety Services) Declaring Its Intention to Consider Annexing Territory Tract No. 38378 Annexation No. 14
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES),
DECLARING ITS INTENTION TO CONSIDER ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES).
10) Annexation No. 19 Into Community Facilities District No. 2015-2 (Maintenance Services) for Tr 38378 (Coastal Mission Trails)
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF
THE CITY OF LAKE ELSINORE, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 19) AND AUTHORIZING THE LEVY OF A SPECIAL TAXES THEREIN.
11) Intention to Establish Community Facilities District No. 2023-2 of the City of Lake Elsinore (Coastal Mission Trails)
1. Adopt A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2023-2 OF THE CITY OF LAKE ELSINORE (COASTAL MISSION
TRAILS), TO AUTHORIZE THE LEVY OF A SPECIAL TAX TO PAY THE COSTS
OF ACQUIRING OR CONSTRUCTING CERTAIN FACILITIES AND TO PAY DEBT SERVICE ON BONDED INDEBTEDNESS; and
2. Adopt A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, TO INCUR BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $15,000,000 WITHIN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2023-2 OF THE CITY OF LAKE ELSINORE (COASTAL MISSION TRAILS).
12) Golden State Bait, Inc. Annual Contractor Services Agreement Approve and authorize the City Manager to execute an agreement with Golden State Bait, Inc. for fish stocking in an amount not to exceed $75,000.00 per year for three years with two one-year extension options in such final form as approved by the City Attorney.
City Council Minutes - Draft September 12, 2023
City of Lake Elsinore Page 5
13) Fabrication and Installation of Transportation Art Panels at 1-15 Railroad Canyon Road Interchange and Main Street Interchange
Approve and authorize the City Manager to execute the Agreement with Yesco in the amount of $1,036,279.63 plus an additional 10% in contingency for the fabrication and installation of Metal Art Panels at the I-15 Railroad Canyon Road Interchange and I-15 Main Street Interchange in final form as revised and approved by the City Attorney.
A motion was made by Mayor Pro Tem Manos, seconded by Council Member Tisdale to approve The motion carried by the following vote:
Aye: 4 Council Members Tisdale and Sheridan; Mayor Pro Tem Manos; and Mayor Johnson
Nay: 1 Council Member Magee
14) Amendment No.1 to Professional Services Agreement with FCG Consultants to Provide Construction Management & Inspection Services for the I-15 / Main Street Interchange Improvements Project
Approve and authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement with FCG Consultants for $349,944.48 plus an additional 10% contingency to provide Construction Management & Inspection Services for the I-15 / Main Street Interchange Improvements Project in final form as approved by the City Attorney.
15) Final Tract Map 32585, Echo Highlands
Authorize the City Engineer and City Clerk to accept the Right of Way labeled Lot “O” on Tract Map 32585 and sign the map for acceptance.
16) Professional Services Agreement with Bucknam Infrastructure Group, Inc. for As- Needed Professional Services for Pavement Management Program Support and Pavement Condition Index (PCI) Updates
Approve and authorize the City Manager or designee to execute the Professional Services Agreement in the amount not to exceed $7,600.00, and execute up to two (2) additional annual renewals, not to exceed $7,600.00 per year in such final form as approved by the City Attorney.
17) Amendment No. 1 to the Contractor Services Agreement with Décor IQ for Additional Design for the City’s Main Street Holiday Decorations Approve and authorize the City Manager to execute Amendment No. 1 to the Contractor Services Agreement with Décor IQ for additional decorations for the City’s Main Street holiday decorations for a total contract amount not to exceed $155,310.00, in such final form as approved by the City Attorney, and authorize the City Manager to execute change orders not to exceed a 10% contingency of $15,531.00 for uncertainties and adjustments.
City Council Minutes - Draft September 12, 2023
City of Lake Elsinore Page 6
18) Purchase of Two (2) Solar Powered LED Message Boards from Quinn Cat Rental Approve and authorize the City Manager to execute the Purchase Order for $46,891.42 for the purchase of two (2) Solar Powered LED Message Boards from Quinn Cat Rental in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $4,689.00 for unanticipated costs.
19) Agreement for Contractor Services with Quinn Company (DBA Quinn Power Systems) for Service & Maintenance of City-Owned Generators Approve and authorize the City Manager to execute an Agreement for Contractor Services with Quinn Company (DBA Quinn Power Systems) for service and maintenance of City-owned Generators in an amount not to exceed $30,000.00 per Fiscal Year for a term of three (3) years in such final form approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $3,000.00 for unanticipated costs.
20) Agreement for Contractor Services with California State Fire Protection for Maintenance Services for Portable Fire Extinguishers for City Vehicles & City Facilities
Approve and authorize the City Manager to execute the agreement for Contractor Services with California State Fire Protection for monthly extinguisher inspections and annual extinguisher maintenance for citywide facilities in an amount not to exceed $13,000.00 per Fiscal Year for a term of three (3) years in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $1,300.00 for unanticipated costs. 21) Award a Public Works Agreement to RAMCO Docks, LLC for the City Fishing Docks, and Boat Docks Project (CIP Project #Z40034)
Approve and authorize the City Manager to execute an agreement with RAMCO Docks, LLC in an amount not to exceed $476,200.00 for the design, fabrication, and installation of the City fishing docks and boat docks project (CIP Project #Z40034) in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $47,620.00 for construction uncertainties and adjustments.
22) Agreement for On-call Services with Murrieta Lock & Safe, Inc. for Citywide Locksmith Services
Approve and authorize the City Manager to execute an agreement with Murrieta Lock and Safe, Inc. for On-Call Citywide Locksmith Services for an amount not to exceed $15,000 per fiscal year for a term of three (3) years in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $1,500.00 for unanticipated costs.
City Council Minutes - Draft September 12, 2023
City of Lake Elsinore Page 7
23) Agreement for Contractor Services with West Coast Services for Monthly Window Washing Services for Citywide Facilities
Approve and authorize the City Manager to execute an Agreement for Contractor Services with West Coast Services for Monthly Window Washing Services for Citywide Facilities in an amount not to exceed $13,715.00 per Fiscal Year for a term of three (3) years in such final form approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $1,371.00 for unanticipated costs.
24) Construction Agreement to Regan Paving for the Asphalt Paving of Launch Pointe RV Resort Maintenance Yard Project No. Z20029
Approve and authorize the City Manager to execute an agreement with Regan Paving in an amount not to exceed $87,596.00 for asphalt paving of Launch Pointe RV Resort Maintenance Yard Project No. Z20029 in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $8,759.60 for uncertainties and adjustments. 24A) Approval of an Amendment to the Community Development Block Grant (CDBG) Joint Recipient Cooperative Agreement for Federal Fiscal Years 2024, 2025, and 2026
Authorize the Mayor to execute an amendment to the Joint Recipient Cooperation Agreement with the County of Riverside to satisfy HUD requirements.
SUCCESSOR AGENCY CONSENT CALENDAR
A motion was made by Agency Member Tisdale, seconded by Vice Chair Manos to approve the Successor Agency Consent Calendar. The motion carried by the following vote:
Aye: 5 Agency Members Tisdale, Sheridan, and Magee; Vice Chair Manos; and Chair Johnson
Nay: 0 None
25) Minutes of the Regular Successor Agency Meeting of August 22, 2023 Approve the Minutes.
26) SA Warrant Report Dated August 04, 2023 to August 10, 2023 Receive and File.
27) SA Warrant Report Dated August 11, 2023 to August 17, 2023 Receive and File.
28) SA Investment Report for July 2023
Receive and file the Investment Report for July 2023.
City Council Minutes - Draft September 12, 2023
City of Lake Elsinore Page 8
29) Amended Recognized Obligation Payment Schedule (ROPS 23-24B) for the Period January 1, 2024 Through June 30, 2024
Adopt A RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE AMENDED RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 23-24B) FOR JANUARY 1, 2024 THROUGH JUNE 30, 2024.
PUBLIC HEARING
30) Vacation of Drainage Easement at Tract No. 18719-4
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA VACATING A DRAINAGE EASEMENT.
The Public Hearing was opened at 7:28 p.m.
City Engineer Habib presented the staff report.
There were no speakers.
The Public Hearing was closed at 7:30 p.m.
A motion was made by Council Member Tisdale, seconded by Mayor Pro Tem Manos to adopt a Resolution The motion Carried by the following vote:
Aye: 5 Council Members Tisdale, Sheridan, and Magee; Mayor Pro Tem Manos; and Mayor Johnson
Nay: 0 None
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - THREE MINUTES
There were no speakers.
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 Executive Committee meeting on September 8, 2023; and shared information from the Department of Veterans Affairs and the Northwest Mosquito and Vector Control District.
City Council Minutes - Draft September 12, 2023
City of Lake Elsinore Page 9
Council Member Sheridan wished Jeanie Corral a Happy 80 th Birthday and shared photos from her birthday celebration; wished Justin Ferguson luck in his future as he retires from being Mini Thunder, one of Storm Baseball’s mascots, and shared his story; announced the end of the Storm’s 2023 season and that the 2024 season will open on April 5, 2024; announced that author Luke A. Nichter, who spoke in Lake Elsinore last year, has released a book titled “The Year That Broke Politics”; and
Council Member Magee shared items coming forward to the Riverside County Transportation Commission Board of Directors; provided updates on the state of the Lake; announced that 770 pounds of channel catfish, 1,000 blue gill, and 420 pounds of large mouth bass were stocked in the Lake on September 1, 2023; shared water safety tips; and announced that the SCCA LA Chapter, SCCA Autocross, and Sand Drag will host races September 21-22 and September 29- October 1 at Diamond Stadium and Elsinore Skydive.
Mayor Pro Tem Manos reported on his attendance at the Southern California Association of Governments Regional Council meeting on September 7, 2023; announced Mariachi Fest on Saturday, September 16, 2023 at Diamond Stadium; and encouraged Lake Elsinore high school Juniors and Seniors to apply to participate in the 2023 Dream Extreme Future Leaders Program by applying by the application deadline on September 29, 2023.
Mayor Johnson shared information from the Animal Friends of the Valleys; reported on her attendance at the Riverside County Mayors Coalition meeting on August 31, 2023; provided updates from the Homeless Task Force; and announced that the Deputy Darnell Calhoun Memorial Highway has been approved.
ADJOURNMENT
The Lake Elsinore City Council adjourned at 7:58 p.m. to the next Regular meeting of Tuesday, September 26, 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.
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: September 26, 2023
Subject: CC Warrant Report Dated Aug 18, 2023 to Aug 24, 2023 Recommendation
Receive and File.
Discussion
The Warrant Report lists all general checks issued since the prior Warrant Report.
Attachments
Attachment 1 - City Warrant Summary
Attachment 2 - City Warrant List
AUG 18, 2023 TO AUG 24, 2023 CITY OF LAKE ELSINORE CITY WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
100 GENERAL 170,361.97$
103 THE ANCHOR 22,306.59
110 GAS TAX 443.18
130 LIGHTING, LANDSCAPE, MAINTENANCE DIST - CITYWIDE 27,529.26 135 LIGHTING, LANDSCAPE, MAINTENANCE DIST - NO. 1 1,610.58 155 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 191.36 180 LAUNCH POINTE 69,999.79
305 INFORMATION SYSTEMS SERVICE 7,339.44
310 SUPPORT SERVICES 2,568.19
315 FLEET SERVICE 11,343.61
320 FACILITIES SERVICE 9,457.79
500 CAPITAL IMPROVEMENT PLAN 257,453.15
620 COST RECOVERY TRUST DEPOSITS 15,412.51
631 DESTRATIFICATION EQUIPMENT REPLACEMENT 72.68
GRAND TOTAL 596,090.10$
Attachment 1 1 of 1
AUG 18, 2023 TO AUG 24, 2023 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
5771 AK SECURITY ALARM LLC 101,664.48$
5772 AMAZON BUSINESS 9,240.24
5773 AMERICAN MATERIAL COMPANY 487.91
5774 CM WASH EQUIPMENT 4,279.05
5775 DOWNS ENERGY 746.16
5776 ENDRESEN DEVELOPMENT, INC. 8,427.66
5777 ENDRESEN DEVELOPMENT, INC. 576.00
5778 ENDRESEN DEVELOPMENT, INC. 576.00
5779 ENDRESEN DEVELOPMENT, INC. 576.00
5780 ENDRESEN DEVELOPMENT, INC. 3,125.10
5781 ENDRESEN DEVELOPMENT, INC. 576.00
5782 ENDRESEN DEVELOPMENT, INC. 576.00
5783 ENDRESEN DEVELOPMENT, INC. 576.00
5784 ENDRESEN DEVELOPMENT, INC. 8,369.66
5785 ENDRESEN DEVELOPMENT, INC. 2,978.22
5786 HI-WAY SAFETY, INC. 3,833.27
5787 JON GILMER CONSTRUCTION 88,394.17
5788 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 12,500.00 5789 PURSUIT ELECTRIC, INC. 13,015.11
5790 QUADIENT FINANCE USA, INC. 2,000.00
5791 SERVICE FIRST 27,230.20
5792 SOTO MEDIA, LLC 2,601.00
5793 WKE, INC. 3,518.48
5794 YUNEX, LLC 14,504.49
DFT240077 PAYCHEX OF NEW YORK, LLC 550.00
DFT240105 CALPERS 114.80
APA24000443 AGS-TXAD 3,755.00
APA24000444 AIRWAVE COMMUNICATION 1,247.93
APA24000445 ALLEGRA MARKETING PRINT MAIL 282.75
APA24000446 AMERICAN PLANNING ASSOCIATION 788.00
APA24000447 APPLE ONE 624.91
APA24000448 AT&T 1,125.00
APA24000449 AZTECA CLEANING SERVICES LLC 8,742.08
APA24000450 BLACK TIE LAUNDRY 6,371.09
APA24000451 CALIFORNIA STATE FIRE PROTECTION 1,525.90
APA24000452 CAMPGROUND VIEWS, INC 2,430.00
APA24000453 CHARLES ABBOTT ASSOCIATES, INC. 5,099.24
APA24000454 CONTACTO PUBLICITARIO 5,500.00
APA24000455 COTTER CONSTRUCTION, INC. 10,225.00
APA24000456 CR&R, INC. 4,282.95
APA24000457 CR&R, INC. 1,544.82
APA24000458 DIRECTV 167.99
APA24000459 EPD SOLUTIONS, INC. 2,937.51
Attachment 2 1 OF 2
AUG 18, 2023 TO AUG 24, 2023 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA24000460 EVMWD 60,916.84
APA24000461 FEDERAL EXPRESS CORPORATION 219.12
APA24000462 FERGUSON 217.45
APA24000463 FIX AUTO LAKE ELSINORE 1,336.55
APA24000464 FRONTIER CALIFORNIA - INTERNET 882.64
APA24000465 FRONTIER CALIFORNIA, INC. 122.20
APA24000466 GLENN LUKOS ASSOCIATES, INC. 131.46
APA24000467 GONZALES, HECTOR 100.00
APA24000468 GREAT AMERICA FINANCIAL SERVICES 349.07
APA24000469 HELIX ENVIRONMENTAL PLANNING INC. 12,475.00 APA24000470 HIT PRINT, INC. 661.02
APA24000471 IMPACT PROMOTIONAL PRODUCTS 803.09
APA24000472 INTERWEST CONSULTING GROUP, INC. 4,354.44
APA24000473 JOHNSON EQUIPMENT CO. 1,687.88
APA24000474 JOLLY JUMPS 7,915.00
APA24000476 LAKE ELSINORE VIP FLORIST 777.57
APA24000477 LOWE'S 1,137.82
APA24000478 MINUTEMAN PRESS 1,916.72
APA24000479 NPG, INC. 41,641.00
APA24000480 NSIDEOUT 1,164.37
APA24000481 O'REILLY AUTO STORES INC/FIRST CALL 694.12
APA24000482 ORIGINAL WATERMEN 2,267.74
APA24000483 PLUMBERS DEPOT, INC. 188.93
APA24000484 PRESS-ENTERPRISE, THE 801.61
APA24000485 PRUDENTIAL OVERALL SUPPLY 447.11
APA24000486 RIVERSIDE ASSESSOR-COUNTY CLERK-RECORDER 20.00 APA24000487 RP LANDSCAPE & IRRIGATION 61,920.14
APA24000488 SAN DIEGO ICE COMPANY, INC. 86.20
APA24000489 SHRED-IT USA, LLC 84.00
APA24000490 SMAX ENTERTAINMENT, LLC 3,901.12
APA24000491 SOUTHERN CALIFORNIA EDISON CO. 14,070.40
APA24000492 STAPLES ADVANTAGE 1,442.91
APA24000493 STAUFFER LAWN EQUIPMENT 7.18
APA24000494 TEAM AUTOAID, INC. 400.77
APA24000495 TEMECULA MOTORSPORTS 23.10
APA24000496 T-MOBILE USA, INC. 75.00
APA24000497 TOP SERVICE PLUMBING, INC. 750.00
APA24000498 TRENCH SHORING COMPANY 94.80
APA24000499 WAXIE SANITARY SUPPLY 857.76
APA24000500 WILLDAN 1,461.80
GRAND TOTAL 596,090.10$
Attachment 2 2 OF 2
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: September 26, 2023
Subject: Cooperative Funding Agreement Between Elsinore Valley Municipal Water District and the City of Lake Elsinore for the Construction of Street Improvements Adjacent to EVMWD Parking Lot at Gedge Ave. and Treleven Ave.
Recommendation
Approve and authorize the City Manager to execute the Cooperative Funding Agreement, with Elsinore Valley Municipal Water District (EVMWD), for the EVMWD Parking Lot and Street Improvements Project in the not-to-exceed amount of $178,673.34 in final form as approved by the City attorney.
Background
This agreement will establish the funding and construction of the two (2) agencies involved in the EVMWD Parking Lot and Street Improvements Project delivery.
The total cost of the EVMWD Parking Lot and Street Improvements Project shall be split between EVMWD and the CITY based on the percentages shown on Exhibit “B” of the Agreement. The City contribution of the Street Improvement portion of the project shall not exceed One Hundred Seventy-Eight Thousand Six Hundred Seventy-Three Dollars and Thirty-Four Cents ($178,673.34).
The Implementing Agency is the party responsible for managing the scope, cost, schedule, and quality of the work activities and products of a project component. EVMWD is the Plans, Specifications, and Estimate (PS&E) Implementing Agency.
Discussion
Parties will manage the work schedule to ensure the timely use of obligated funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. Parties will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks. EVMWD is planning a parking lot EVMWD Coop Agreement
on EVMWD vacant land located at the corner of Treleven Avenue and Gedge Avenue and half street improvements along the project frontage of Treleven Avenue and Gedge Avenue The City has much needed street improvements to complete within Treleven Avenue and Gedge Avenue, the City and EVMWD have determined that it is more economical to have EVMWD complete the Street Improvement Project under its contract for the Project. The City‘s contribution is based on actual bid results from the low bidder. The Low Bidder is Roadway Engineering and Construction Corp.
Fiscal Impact
The City will reimburse EVMWD the City’s contribution of the Street Improvement portion of the project the amount of One Hundred Seventy-Eight Thousand Six Hundred Seventy-Three Dollars and Thirty-Four Cents ($178,673.34). Funds are allocated within the adopted CIP Budget.
Attachments
Attachment 1- Agreement and Exhibits
COOPERATIVE FUNDING AGREEMENT
EVMWD PARKING LOT IMPROVEMENTS
This Cooperative Funding Agreement (“Agreement”) i s made on this ____ day of _________, 2023 (“Effective Date”), by and between the City of Lake Elsinore, a California municipal corporation ("CITY"), and the Elsinore Valley Municipal Water D istrict, a California municipal water district ("EVMWD"), which are collectively referred to herein as “Parties” and individually as “Party.”
RECITALS
WHEREAS, the CITY is planning a Capital Improvemen t Project which includes the Street Improvements for Treleven Avenue and Gedge Avenue, (“Street Improvement Project”) as shown on Exhibit “A” attached hereto and incorporated herein by this reference; and WHEREAS, EVMWD is planning to complete a Parking L ot Improvement Project (“Parking Lot improvements Project”) on EVMWD-owned vacant land located at the corner of Treleven Avenue and Gedge Avenue and complete half-width street improve ment along the project frontage of Treleven Avenue and Gedge Avenue as shown on Exhibit “A”; and
WHEREAS, the CITY is partnering with EVMWD to impr ove street access and pavement rehabilitation efforts within the Parking Lot Impro vements Project vicinity, the project includes approximately 230 linear feet of street improvements on Gedge Avenue and approximately 570 linear feet of street improvements on Treleven Avenue (“Street Improvements”); and WHEREAS, the CITY and EVMWD determined that it is more economical to have EVMWD complete the Street Improvement Project under its contract for the Parking Lot Project; and WHEREAS, the total cost of the Street Improvement Project shall be split between EVMWD and the CITY based on the percentages shown on Exhibit “B”. The CITY shall reimburse EVMWD for the Street Improvement Project in the amount not to exc eed One Hundred Seventy Eight Thousand Six
Hundred Seventy three Dollars and thirty four cents ($178,673.34) hereinafter known as “CITY CONTRIBUTION”; and
WHEREAS, the CITY and EVMWD acknowledge it is in t he best interest of the public to proceed with the construction of the Project at the earliest possible date; and WHEREAS, the purpose of this Agreement is to memor ialize the mutual understandings by and between CITY and EVMWD with respect to funding and construction of the Street Improvement Project; and
WHEREAS, the Parties acknowledge that EVMWD has or shall fully comply with the California Environmental Quality Act (CEQA) and all other appl icable laws, as a precondition to construction of the Parking Lot and Street Improvement Projects.
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the parties hereto mutually agree as follows:
SECTION I
1. The recitals above are true and correct and are her eby incorporated herein by this reference.
2. The Parties agree to mutually cooperate in order to help ensure that the Parking Lot and Street Improvement Projects are successfully completed with minimum impact to both Parties and the public.
SECTION II
EVMWD shall:
1. Manage and oversee the Parking Lot and Street Improvement Projects to its completion.
2. Award and administer the design and construction of the Parking Lot and Street Improvement Projects.
3. Provide the CITY an opportunity to review and appro ve all design documents for the Street Improvement Project prior to finalization of such design documents for public bidding purposes.
Additionally, EVMWD shall provide the CITY an opportunity to review and approve any changes to such design documents resulting from necessary change orders occurring following commencement of work on the Street Improvement Project.
4. Obtain all applicable environmental clearances and permits necessary to complete the Street Improvement Project.
5. Keep an accurate accounting of all Street Improvement Project costs and include this final accounting when invoicing the CITY for payment. The final accounting of costs shall include a detailed breakdown of all costs, including but not limited t o, payment vouchers and other such contract documents as may be necessary to establish the actu al costs of the construction of the Street Improvement Project.
6. Upon receiving invoices for the Street Improvement Project, invoice the CITY, not more than monthly, for CITY CONTRIBUTION.
7. Schedule CITY inspection forty-eight (48) hours in advance of performing any Street Improvement work. Resolve deficiencies identified by CITY during construction, including all punch list items.
8. Notwithstanding CITY’s right to inspect the work, as between EVMWD and CITY, CITY shall be solely responsible for construction inspection o f the Street Improvement Project work within CITY right-of-way to ensure conformance with the construction contract.
9. Ensure that all work performed pursuant to this Agr eement by EVMWD, its agents or contractors is done and compensated in accordance with all applicable laws and regulations, including
but not limited to, all applicable provisions of th e Labor Code, Business and Professions Code, Public Contracting Code, and Water Code.
10. For the period during which EVMWD or its contractor(s) control the job site, EVMWD shall provide, or cause to be provided, for the entire pe riod of construction, a policy of worker’s compensation insurance and comprehensive general liability insurance or self-insurance with coverage broad enough to include the contractual obligation it may have under any relevant construction contracts and having a combined single limit of lia bility in the amount of two million dollars ($2,000,000.00) covering CITY’s directors, officers , employees and agents as additional insured.
EVMWD shall require that CITY be included as an ind emnified party under the indemnification provision included in EVMWD’s construction contract.
11. EVMWD shall retain all records related to the Stree t Improvement Project and this Agreement for a period of three (3) years following completion of the Street Improvement Project.
Such records shall be available for inspection by the CITY upon request.
SECTION III
CITY shall:
1. Timely review design plans for the Street Imp rovement Project and provide any approvals or comments within thirty (30) days of receipt of t he plans. If the CITY fails to provide any comments or its approval within said time period, EVMWD shal l provide notice to the CITY’s City Manager that the design plans shall be deemed approved by EVMWD if no comments are received within an additional fifteen (15) days.
2. Inspect the Street Improvement Project work within CITY right-of-way during construction.
3. Upon written notice of completion of the wor k by EVMWD, inspect the Street Improvement Project within CITY right-of-way and identify any punch list work within fifteen (15) days.
4. Pay EVMWD within thirty (30) days after receipt of EVMWD’s approved invoice for CITY CONTRIBUTION.
SECTION IV
It is further mutually agreed:
1. The term of this Agreement shall be from the Effect ive Date until acceptance of the Street Improvement Project by CITY and final accoun ting and payment for the Street Improvement Project, unless earlier terminated as provided herein.
2. CITY CONTRIBUTION shall not exceed a total sum of One Hundred Seventy Eight Thousand Six Hundred Seventy three Dollars and thirty four cents ($178,673.34) without written amendment to this Agreement and shall be used by EVMWD solely fo r the Street Improvement Project as set forth herein.
3. CITY shall indemnify, defend, save and hold harmles s EVMWD (including their respective directors, officers, elected and appointed official s, employees, agents, representatives, independent contractors and subcontractors) from any liabilitie s, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way re lating to CITY’s (including its officers, employees , agents, representatives, independent contractors an d subcontractors) actual or alleged acts or omissions related to this Agreement, performance under this Agreement or failure to comply with the requirements of this Agreement, including but not limited to, (a) property damage; (b) bodily injury or death; (c) payment of attorney's fees; or (d) any other element of any kind or nature whatsoever.
4. EVMWD shall indemnify, defend, save and hold harmle ss CITY (including their respective officers, Board of Directors, appointed or elected officials, employees, agents, representatives, independent contractors and subcontractors) from any liabilities, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way relating to EVMWD’s (including its officers, elected and appointed officials, employees, agents, representatives, independent contractors and subcontractors) actual or alleged acts or omissions related to this Agreement, performance under this Agreement or failure to comply with the requirements of this Agreement, including but not limited to, (a) property damage; (b) bodily injury or death; (c) payment of attorney's fees or (d) any other element of any kind or nature whatsoever.
5. In the event that any dispute between the Parties arises under this Agreement, the Parties shall first attempt to resolve such dispute at the management level. If the dispute is not resolved a t this level within a mutually acceptable period of t ime (not to exceed 60 calendar days from the date written notice of such dispute is delivered by eith er Party), the Parties shall attempt to resolve the dispute at the senior management level. If this pr ocess and the involvement of senior management do not result in resolution of the dispute within 6 0 calendar days from the date of referral to upper management, then the dispute shall be referred to a nd finally resolved through arbitration or legal proceedings. The use of the foregoing procedure is a condition precedent to the commencement of any legal proceedings hereunder. Neither the pende ncy of a dispute nor its consideration by arbitration shall excuse EVMWD from full and timely performance of Street Improvement Project, as set forth in this Agreement.
6. Any Party to this Agreement may declare a breach he reof by serving written notice describing the nature of the breach to the other Pa rty. The Party alleged to have breached the Agreement shall be afforded thirty (30) days from s ervice of the notice of breach to take whatever
steps necessary to cure the breach. If the breach is not cured within the time parameters set forth herein, the Parties will avail themselves of the di spute procedure set forth in Section IV, Paragraph 5, above.
7. This Agreement is made and entered into for the sole protection and benefit of the parties hereto. No other person or entity shall have any r ight or action based upon the provisions of this Agreement.
8. Any and all notices sent or required to be sent to the parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:
CITY OF LAKE ELSINORE ELSINORE VALLEY MUNICIPAL W ATER DISTRICT 130 South Main Street 31315 Chaney Street
Lake Elsinore, CA 92530 Lake Elsinore, CA 92530
Attn: City Manager Attn: General Manager
9. If any provision in this Agreement is held by a cou rt of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
10. This Agreement is to be construed in accordance with the laws of the State of California.
11. The Parties hereto shall not assign this Agreement without the written consent of the other parties.
12. Any action at law or in equity brought by any of th e Parties hereto for the purpose of enforcing a right or rights provided for by the Agr eement, shall be tried in a court of competent jurisdiction in the County of Riverside, State of C alifornia, and the Parties hereto waive all provisi ons of law providing for a change of venue in such proceedings to any other county.
13. Any waiver by CITY or EVMWD, or any breach by any other party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or
any other provision hereof. Failure on the part of CITY or EVMWD to require from any other party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof, or esto pping CITY or EVMWD from enforcing this Agreement.
14. This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter he reof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral and written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto.
15. This Agreement may be executed and delivered in any number of counterparts or copies, hereinafter called "COUNTERPART", by the Parties hereto. When each party has signed and delivered at least one COUNTERPART to the other Parties heret o, each COUNTERPART shall be deemed an original and, taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the Parties hereto.
16. The signatories hereto represent that they have bee n appropriately authorized to execute this Agreement on behalf of the Party for whom they sign.
17. If any lawsuit is commenced to enforce any of the terms of this Agreement, the prevailing Party will have the right to recover its reasonable attorney’s fees and costs of suit from the other Party.
18. This Agreement may be terminated by either Party at any time and without cause by giving the other Party written notice of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of s uch termination. Notwithstanding the foregoing, following commencement of construction of the Parki ng Lot Improvements Project, the Parties may only terminate this Agreement for cause. If this Agreement is terminated as provided herein, EVMWD
may demand of CITY in writing, and CITY shall pay, any portion of the CITY CONTRIBUTION for which EVMWD has performed construction work related to th e Street Improvement Project. Prior to any such payment, EVMWD shall place the Street in a safe and usable condition.
19. The Parties hereto hereby agree that electronic signatures are acceptable and shall have the same force and effect as original wet signatures.
20. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, shall survive any such expiration or termination.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties hereto have execut ed this Agreement as of the date(s) set forth below.
SIGNATURE PAGE TO
COOPERATIVE FUNDING AGREEMENT
EVMWD PARKING LOT IMPROVEMENTS
CITY OF LAKE ELSINORE
By _______________________________
Jason Simpson
City Manager
Date: ____________________________
APPROVED AS TO FORM: ATTEST:
By ______________________________ By ______________ _____________ City Attorney City Clerk
ELSINORE VALLEY MUNICIPAL WATER DISTRICT
By _______________________________
Greg Thomas
General Manager
Date: ____________________________
ATTEST:
By ___________________________
District Secretary
EXHIBIT A
STREET IMPROVEMENTS PROJECT
[See Attached]
N
’’ “” “”
EXIT ONLY
STOPSTOP
NSCALE: 1"= 20'40200FEET20
STOP
NSCALE: 1"= 20'40200FEET20
EXHIBIT B
COMBINED PERCENT SHARE
[See Attached]
ITEM DESCRIPTION UNIT QUANTITY EVMWD % LE %
1 Mobilization, Bonds, Permits, Site Cleanup,
Demobilization LS 1 85% 15%
2 Temporary Erosion Control/Storm Water Pollution
Control Plan (WPCP), BMP LS 1 100% 0%
3 Traffic Control Plans And Traffic Control/Safety LS 1 67% 33% 4 Pre/Post Construction Video And Photographs LS 1 100% 0% 5 Grading LS 1 100% 0%
6 Concrete Sidewalk Improvments, Driveway Approaches
And Parking Space “Step-Outs” SF 4000 93% 7%
7 Parkway Culverts ("Underwalk Drains") EA 3 100% 0%
8 Concrete Curb And Gutter, Standalone Curb, Curbcuts
And Cross Gutter Improvements LF 1510 79% 21%
9 Concrete: Pedestrian Ramps and Spandrels EA 2 100% 0% 10 Precast Concrete Items
10.1 Precast Parking Bumpers EA 14 100% 0%
10.2 Precast Manhole EA 1 100% 0%
11 Masonry Screening Wall LF 350 100% 0%
12 Solar Site Lighting EA 5 100% 0%
13 Bioretention Facility Bmp (Including Pump, Piping,
Outlet Grate And River Rock) LS 1 100% 0%
14 Landscaping and Irrigation LS 1 100% 0%
15 Paving And Base: Treleven, Gedge, Driveway “Aprons”
And On-Site SF 40000 52% 48%
16 Signing And Striping: Treleven, Gedge, On-Site And
Existing Parking Lot LS 1 100% 0%
17 Remove Existing AC & Base: Treleven, Gedge SF 14000 17% 83% 18 Demolition, Clearing and Grubbing LS 1 49% 51%
19 Electrical LS 1 100% 0%
20 4" Asphalt Dike LF 155 0% 100%
EXHIBIT B
STREET IMPROVEMENTS COMBINED PERCENT SHARE
NSCALE: 1"= 20'40200FEET20
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Traci Williams, Assistant Fire Marshal
Date: September 26, 2023
Subject: Consideration of Annual Reporting of Completed State-Mandated Fire and Life Safety Inspections by the City of Lake Elsinore in Compliance With SB 1205 for Fiscal Year 2022-2023.
Recommendation
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE CHIEF OF
THE RIVERSIDE COUNTY FIRE DEPARTMENT REGARDING THE INSPECTION OF
CERTAIN OCCUPANCIES REQUIRING ANNUAL INSPECTIONS IN SUCH OCCUPANCIES PURSUANT TO SECTIONS 13145, 13146 and 17921 OF THE CALIFORNIA HEALTH AND SAFETY CODE.
Background
On September 27, 2018, SB 1205 became effective and added a new section to the California Health and Safety Code, which affects every fire department or fire district in the State. Existing state law requires every fire department or district providing fire protection services to inspect every building used as a public or private school annually. This annual inspection requirement applies to hotels, motels, lodging, and apartment houses. This bill also requires every fire department or district to annually report to its administering authority their compliance with the annual inspection requirements of the California Health and Safety Code. The bill also requires the administering authority to formally acknowledge receipt of the compliance report in a resolution or a similar formal document.
Discussion
The responsibility for conducting the required inspections falls to the Fire Division as directed by the Assistant Fire Marshal. In conducting these inspections, Fire Division staff review compliance with such items as fire sprinkler and fire alarm maintenance, safe exiting, fire extinguisher maintenance, conducting fire drills, and safe storage of combustibles.
SB 1205 Compliance Report
Reviewing all completed inspections, the Fire Marshal has determined that all required inspections have been completed for Fiscal Year 2022-2023. Adopting the recommended resolution and transmittal to the appropriate State Agency will meet the City’s obligation under SB 1205.
Environmental Determination
The proposed resolution is exempt from the California Environmental Quality Act (Cal. Publ. Res.
Code §§21000 et seq. “CEQA”) and the State CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically according to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility that it may have a significant effect on the environment, and because it is not a “project” as that term is defined in Section 15378 of the State CEQA Guidelines.
Fiscal Impact
There is no fiscal impact related to this action, and all costs of the inspection processes are included in the adopted fee resolution.
Attachments
Attachment 1- Resolution
1 RESOLUTION NO. 2022-2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE
CHIEF OF THE RIVERSIDE COUNTY FIRE DEPARTMENT REGARDING THE
INSPECTION OF CERTAIN OCCUPANCIES REQUIRING ANNUAL INSPECTIONS IN SUCH OCCUPANCIES PURSUANT TO SECTIONS 13145, 13146 and 17921 OF
THE CALIFORNIA HEALTH AND SAFETY CODE
Whereas, California Health & Safety Code Section 13146.4 was added in 2018, and became effective on January 1, 2019; and
Whereas, California Health & Safety Code Section 13146.4 requires all fire departments, including the Riverside County Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with Health & Safety Code sections 13146.2 and 13146.3; and
Whereas, California Health & Safety Code Section 13146.2 and 13146.3 requires all fire departments, including the Riverside County Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided; and
Whereas, the Council of the City of Lake Elsinore intends this Resolution to fulfill the requirements of the California Health & Safety Code 13146.4 regarding acknowledgment of the Riverside County Fire Department’s compliance with California Health and Safety Code Sections 13146.2 and 13146.3.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elsinore, California: expressly acknowledges the measure of compliance of the Riverside County Fire Department with Health and Safety Code sections 13146.2 and 13146.3 in the City of Lake Elsinore for the period of July 1, 2022, to June 30, 2023, as follows:
Section 1: The above recitals are true and correct.
Section 2: Educational Group E occupancies, for the purposes of this Resolution, are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade. The Riverside County Fire Department completed 100% of the annual inspections of the identified Group E occupancies, buildings, structures and/or facilities in the City of Lake Elsinore.
Section 3: Residential Group R occupancies, for the purposes of this Resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as other residential occupancies (including a number of residential care facilities). These residential care facilities have a number of different sub- classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc. The residents may also be non-ambulatory or bedridden. The Riverside County Fire Department completed 100% of the annual inspections of the identified Group R occupancies, buildings, structures and/or facilities in the City of Lake Elsinore.
Resolution No.
2 Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 26th of September 2023.
Natasha Johnson,
Mayor
Attest:
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk, of the City of Lake Elsinore, California, hereby certify that Resolution No. 2023- was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the Tuesday, September 26, 2023, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Candice Alvarez, MMC
City Clerk
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: September 26, 2023
Subject: Agreement with Automated Gate Services, Inc. for Gate Repair Services Recommendation
Approve and authorize the City Manager to execute an Agreement for Contractor Services with Automated Gate Services, Inc. for Gate Repair Services in an amount not to exceed $13,000.00 per Fiscal Year for a term of three (3) years in such final form approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $1,300.00 for unanticipated costs.
Background
Automated Gate Services, Inc. has provided services to the City of Lake Elsinore for the past 7 years. Gates are an essential component of security systems. Automated Gate Services has provided perimeter security gates, access control installation, gate installation, gate repairs, and gate maintenance services. Regular servicing and repairs ensure that gates are functioning properly, minimizing the risk of unauthorized access or potential security breaches.
Discussion
Staff would like to continue with the much-needed repairs and services for Citywide Facilities.
Services and repairs for gates are important for maintaining security, ensuring safety, prolonging longevity, and enhancing convenience.
Agreement with Automated Gate Services, Inc.
Fiscal Impact
Funds are available in the City’s Fiscal Year 23-24 Annual Operating Budget.
Attachments
Attachment 1- Agreement
Exhibit A- Service Rates & Charges
AGREEMENT FOR CONTRACTOR SERVICES
Automated Gate Services, Inc.
ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of September 26, 2023 by and between the City of Lake Elsinore , a municipal corporation (the “City”) and Automated Gate Services, Inc., a Corporation (the “Contractor”).
RECITALS
A. The City has determined that it requires the following services:
On-Call gate services Citywide Facilities.
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated July 11, 2023, both of which are attached hereto as Exhibit A (collectively, the "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 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. Contractor acknowledges that the Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call and minor construction support on an as needed basis.
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 by 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 .
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 and effect for a period commencing on September 26, 2023 and ending June 30, 2026. 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. 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 Thirteen Thousand Dollars and Zero Cents. ($13,000.00 ) 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. Background Checks . At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of 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.
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 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 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, Reports, 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 City, 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 . Contractor shall not, without the prior written consent of City, use such materials 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 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 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.
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, 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.
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 employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. Interests of 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).)
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 shall 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.
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 .
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 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 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 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 automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language :
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers . Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers , officials, employees or agents . v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers .
vi. The insurance provided by this Policy shall not be suspended , voided , canceled , or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions . d. Certificates of Insurance . Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices . Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section .
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to:City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Automated Gate Services, Inc.
Attn: Kyle Thompson
526 Princeland Court
Corona, CA 92879
18. 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 .
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 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.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
21. Mediation . The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation . The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators . Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute . If the dispute remains unresolved after mediation, either party may commence litigation.
22. Prohibited Interests . 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.
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 specifically agreed to in writing. In the event of conflict, this Agreement 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 .
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONTRACTOR”
Automated Gate Services, Inc, a Corporation
Contractor
By: Kyle Thompson
Its: President
Attachments: Exhibit A – Contractor’s Proposal
EXHIBIT A
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
SERVIC
E RATES AND CHARGES
Autom
ated Gate Services, Inc. shall not be liable for specific, incidental, or consequential damages or loss caused by any acts beyond the reasonable control of owner, agent or users of gated property.
The f
ollowing reflects Automated Gate Services, Inc. rates and fees:
Norm
al service hours are Monday through Friday 7:30 a.m. to 4:00 p.m., with the exception of holidays observed by Automated Gate Services, Inc.
Holida
ys Observed:
New Year’s Day – January 1
Memorial Day – last Monday in May
Independence Day – July 4th
Labor Day – First Monday in September
Thanksgiving – Fourth Thursday in November
Christmas Day – December 25
Servic
e Rates & Charges
Telephone Entry Programming
Serv
ice Call
Additional Labor Rate
Welding Charge
Replacement Parts
Emerge
ncy Service Available 24/7
*Emergency Service Call
Call for weekly or monthly programming rates
$252.00 for the first ½ hour
$
84.00 for e ach additional ½ hour
$50.00 if needed
Additional Charge if needed
$348.00 for the first ½ hour
Additional Emergency Labor Rate $116.00 for each additional ½ hour Welding Charge $50.00 if needed
Replacement Parts Addit ional Charge if needed Servi
ce will not be rendered in any case where the customer has a past due account.
Automated Gate Services, Inc.’s policy on commercial service invoices is Net 30 upon approved credit. Residential service invoices are due upon completion. All new installations are due upon completion. All service contracts and charges are lump sum installation contracts not subject to state or local sales or use tax. *Emergency rates to be charged portal-to-portal. Must have Active ESM Agreement.
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: September 26, 2023
Subject: Agreement with Southwest Ice Machine for Citywide Facilities Ice Machine Repairs and Services
Recommendation
Approve and authorize the City Manager to execute Agreement for Contractor Services with Southwest Ice Machine for Citywide Facilities Ice Machine Repairs and Services in an amount not to exceed $15,000.00 per Fiscal Year for a term of three (3) years in such final form approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $1,500.00 for unanticipated costs.
Background
Southwest Ice Machine has provided ice machine services to the City of Lake Elsinore for the past 7 years. Regular servicing ensures that ice machines are clean and free from contaminants that can compromise the quality and safety of the ice produced. Southwest Ice Machine is scheduled bi-annual and provides the following services:
· Disassemble & clean as necessary
· Clean condenser
· Clean/flush water tank
· Change water filters
· Check/Change water circuit hoses
Agreement with Southwest Ice Machine
Discussion
Staff would like to continue with the much-needed bi-annual ice machine repairs and services for Citywide Facilities. This Agreement will provide bi-annual services to the following facilities:
· The Bobber
· Public Works Administrative Building
· Public Works Yard
· Launch Pointe Community Hall
· Senior Center
· Rosetta Sports Park
· Fire Station #97
· Fire Station #85
· Fire Station #94
Fiscal Impact
Funds are available in the City’s Fiscal Year 23/24 Annual Operating Budget.
Attachments
Attachment 1 - Agreement
Exhibit A - Quote
AGREEMENT FOR CONTRACTOR SERVICES
Southwest Ice Machine
ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of September 26, 2023 by and between the City of Lake Elsinore , a municipal corporation (the “City”) and Southwest Ice Machines , a Independent (the “Contractor”).
RECITALS
A. The City has determined that it requires the following services:
Preventative Maintenance and repair of City owned ice machines at various locations.
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated June 28, 2023, both of which are attached hereto as Exhibit A (collectively, the "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 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. Contractor acknowledges that the Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call and minor construction support on an as needed basis.
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 by 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 .
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 and effect for a period commencing on July 1, 2023 and ending June 30, 2026. 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. 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 Fifteen Thousand Dollars and Zero Cents. ($15,000.00 ) 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. Background Checks . At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of 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.
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 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 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, Reports, 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 City, 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 . Contractor shall not, without the prior written consent of City, use such materials 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 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 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.
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, 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.
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 employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. Interests of 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).)
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 shall 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.
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 .
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 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 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 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 automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language :
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City,
its elected or appointed officers, officials, employees, agents and volunteers . Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers , officials, employees or agents . v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers .
vi. The insurance provided by this Policy shall not be suspended , voided , canceled , or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions . d. Certificates of Insurance . Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices . Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section .
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to:City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Southwest Ice Machines
Attn: Robert Vander Zwan
2222 Canyon Ridge Circle
Norco, CA 92860
18. 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 .
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 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.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
21. Mediation . The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation . The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators . Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute . If the dispute remains unresolved after mediation, either party may commence litigation.
22. Prohibited Interests . 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.
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 specifically agreed to in writing. In the event of conflict, this Agreement 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 .
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Sothwest Ice Machine, a Independent Contractor
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
By: Robert Vander Zwan
Its: Owner
Attachments: Exhibit A – Contractor’s Proposal
EXHIBIT A
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
Southwest Ice Machines Quotation
DATE 6/28/23
2222 Canyon Ridge Circle Quotation # 1706
Norco CA 92860
[email protected] (951) 272-6654
Quote for: City of Lake Elsinore Quotation valid until: 7/28/23 521 N. Langstaff
Lake Elsinore CA
Attn: Luis Ceja
Comments or Special Instructions: Quote for ice machine and water filter service only. Any repairs and parts will be billed on a need to basis.
QUANTITY DESCRIPTION UNIT PRICE TAXABLE? AMOUNT
1 Service call (1st 1/2 hour + trip) $125.00 $125.00
1 Water filters (vary by location) $135.00 T $135.00
1 Hours additional labor $90.00 $90.00
1 Misc supply $25.00 T $25.00
Subtotal $
Tax $
Total per service $
Annual total (8 units 2X annually) $ 6,224.00
THANK YOU FOR YOUR BUSINESS!
1
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: September 26, 2023
Subject: Agreement with Advanced Heating & Air Conditioning for Citywide Facilities Repairs & Services
Recommendation
Approve and authorize the City Manager to execute an Agreement for Contractor Services with Advanced Heating & Air Conditioning for Citywide Facilities Repairs and Services in an amount not to exceed $25,000.00 per Fiscal Year for a term of three (3) years in such final form approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $2,500.00 for unanticipated costs.
Background
Advanced Heating & Air Conditioning has provided air conditioning services to the City of Lake Elsinore for the past year and provided emergency services to Fire Station #94 and Cultural Center. Benefits of these Contractor Services includes the following numerous advantages:
· Experience and Expertise
· Repair complex air conditioning issues effectively
· Service and maintenance
· Zone systems
· System noise reduction
· Indoor air quality, air filtration and sterilization
· Full system change outs
· Programable and Non-programable thermostats
· Energy saving techniques
· Duct cleaning
Agreement with Advanced Heating & Air Conditioning
7 2
6 Discussion
Staff would like to continue with the much-needed repairs and services for Citywide Facilities.
Hiring authorized service providers ensures that repairs are conducted within warranty guidelines, preventing risk of voiding warranty coverage. Timely repairs and regular maintenance performed by professionals can help prevent major breakdowns and costly repairs in the long run.
Professional servicing optimizes system performance, maximizing energy efficiency and saving on utility costs.
Fiscal Impact
Funds are available in the City’s Fiscal Year 23/24 Annual Operating Budget.
Attachments
Attachment 1 - Agreement
Exhibit A - Price rate sheet
AGREEMENT FOR CONTRACTOR SERVICES
Advanced Heating & Air Conditioning
ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of September 26, 2023 by and between the City of Lake Elsinore , a municipal corporation (the “City”) and Advanced Heating & Air Conditioning , a Corporation (the “Contractor”).
RECITALS
A. The City has determined that it requires the following services:
On-Call Citywide Facilities air conditioning repairs and services.
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated July 21, 2023, both of which are attached hereto as Exhibit A (collectively, the "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 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. Contractor acknowledges that the Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call and minor construction support on an as needed basis.
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 by 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 .
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 and effect for a period commencing on September 26, 2023 and ending June 30, 2026. 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. 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 Twenty-Five Thousand Dollars and Zero Cents. ($25,000.00 ) 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. Background Checks . At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of 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.
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 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 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, Reports, 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 City, 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 . Contractor shall not, without the prior written consent of City, use such materials 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 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 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.
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, 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.
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 employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. Interests of 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).)
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 shall 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.
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 .
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 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 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 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 automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language :
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers . Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers , officials, employees or agents . v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers .
vi. The insurance provided by this Policy shall not be suspended , voided , canceled , or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions . d. Certificates of Insurance . Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices . Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section .
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to:City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Advanced Heating & Air Conditioning
Attn: Steven Shettleroe
42103 Rio Nedo #101
Temecula, CA 92590
18. 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 .
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 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.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
21. Mediation . The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation . The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators . Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute . If the dispute remains unresolved after mediation, either party may commence litigation.
22. Prohibited Interests . 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.
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 specifically agreed to in writing. In the event of conflict, this Agreement 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 .
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONTRACTOR”
Advanced Heating & Air Conditioning, a
Corporation Contractor
By: Steven Shettleroe
Its: President
Attachments: Exhibit A – Contractor’s Proposal
EXHIBIT A
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
42103RioNedoRd., #101Temecula, CA92590(951) [email protected]
SERVICERATESHEET
ITEM RATE
ServiceCall $125Contactor $325
Capacitor $325
HardStart Kit $325
Thermostat $275-$425
R-22Refrigerant $250Per Lb.
410ARefrigerant $98Per Lb.
Condenser FanMotor $625-$950Blower Motor $625-$1650Disconnect Box $285-$625 * Thesearethemost commonservices. However, servicecallsvaryandthisisnot anall inclusivelist.
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: September 26, 2023
Subject: Agreement with Hazzard Backflow, Inc. for Citywide Parks, Facilities, and LLMD’s Testing and Repairs
Recommendation
Approve and authorize the City Manager to execute an Agreement for Contractor Services with Hazzard Backflow, Inc. for Citywide Parks, Facilities, and LLMD’s Testing and Repairs in an amount not to exceed $30,000.00 per Fiscal Year for a term of three (3) years in such final form approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $3,000.00 for unanticipated costs.
Background
Hazzard Backflow Inc. is local and has been providing services to the City of Lake Elsinore for the past 8 years. Backflow is a plumbing issue that occurs when the flow of water in a plumbing system reverse, causing contaminated water or substances to flow back into the clean water supply. This can pose a significant health hazard as it can introduce pollutants, chemicals, bacteria, and other harmful substances into the water system.
Discussion
Staff would like to continue with the much-needed testing and repair services for Citywide Parks and Facilities. Regular testing, maintenance, and inspection of backflow prevention devices are often mandated to ensure their proper functioning. Hazzard Backflow Inc. are certified professionals for conducting these tests and ensuring compliance with local regulations.
Agreement with Hazzard Backflow Inc.
Fiscal Impact
Funds are available in the City’s Fiscal Year 23/24 Annual Operating Budget.
Attachments
Attachment 1- Agreement
Exhibit A- Quote
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5 AGREEMENT FOR CONTRACTOR SERVICES
Hazzard Backflow, Inc.
ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of September 26, 2023 by and between the City of Lake Elsinore , a municipal corporation (the “City”) and Hazzard Backflow Inc., a Corporation (the “Contractor”).
RECITALS
A. The City has determined that it requires the following services:
Backflow testing, inspection, maintenance, and repairs at various City owned locations.
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated July 13, 2023, both of which are attached hereto as Exhibit A (collectively, the "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 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. Contractor acknowledges that the Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call and minor construction support on an as needed basis.
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 by 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 .
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5 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 and effect for a period commencing on September 26, 2023 and ending June 30, 2026. 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. 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 Thirty Thousand Dollars and Zero Cents. ($30,000.00 ) 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. Background Checks . At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of 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.
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 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 Contractor the actual value of the work performed up to the time of termination, provided
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5 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, Reports, 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 City, 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 . Contractor shall not, without the prior written consent of City, use such materials 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 documents and records which demonstrate
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5 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 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.
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, 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.
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 employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. Interests of 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.
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5 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).)
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 shall 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.
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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5 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 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 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 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
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5 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 automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language :
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers . Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers , officials, employees or agents . v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers .
vi. The insurance provided by this Policy shall not be suspended , voided , canceled , or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions . d. Certificates of Insurance . Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of 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.
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5 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: Hazzard Backflow Inc.
Attn: Jaquelyn Romero
558-1 Birch Street
Lake Elsinore, CA 92530
18. 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 .
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 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.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
21. Mediation . The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation . The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators . Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute . If the dispute remains unresolved after mediation, either party may commence litigation.
22. Prohibited Interests . 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
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5 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.
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 specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor’s Proposal.
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5 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 .
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONTRACTOR”
Hazzard Backflow, a Corporation
By: Jaquelyn Romero
Its: Vice President
Attachments: Exhibit A – Contractor’s Proposal
EXHIBIT A
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
HAZZARD BACKFLOW INC
16738 Lakeshore Dr #H#286
Lake Elsinore, CA 92530 US
951-445-0809
[email protected]
http://www.hazzardbackflow.com/
Estimate 5873
ADDRESS
CITY OF LAKE ELSINORE
130 S MAIN ST
LAKE ELSINORE, CA 92530
DATE
07/13/2023
TOTAL
$0.00
EXPIRATION
DATE
08/13/2023
SALES REP
JACKY
ACTIVITY DESCRIPTION QTY RATE AMOUNT
ANNUAL BACKFLOW
TEST
BACKFLOW QUOTE 2023-2024
$40.00 per test
$185.00 for 1" & under -backflow repairs
$285.00 for 1 1/2" - 2"- backflow repairs
$400-$1,500 for 2 1/2" and up- backflow repairs price
varies on make and model of device
Emergency calls (after hours) $100.00 extra on top of
repairs
Installs / replacements - 3/4"-1 1/4" $900.00 -
$1,500.00
1 1/2"- 2" $1,500.00- $2,000.00
Concrete pad and cages are extra
1 0.00 0.00
Sign Estimate Please sign, date and email back to
[email protected] if you approve this
estimate to schedule work. Circle and Initial by all line items approved and cross out any line items not
approved.
0.00 TOTAL $0.00
CITY OF LAKE ELSINORE
130 S MAIN ST
LAKE ELSINORE, CA 92530
THANK YOU.
Accepted By Accepted Date
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: September 26, 2023
Subject: Cost Increase for Purchase of Vessel Engines
Recommendation
Approve and authorize the City Manager to approve $1,957.32 additional funds for Last Chance Performance Marine, Inc. for the inflation cost for the purchase of three (3) Vessel Engines in a total amount not to exceed $72,121.56 in such final form approved by the City Attorney.
Background
On October 11, 2022, the City Council approved the purchase of three (3) Vessel Engines from Last Chance Performance Marine, Inc., in the total amount of $70,164.24 (including tax). The City of Lake Elsinore has historically purchased and owned 5 vessels. On average, the age of the engines on the City’s vessels is 7 to 8 years. The City maintains all vessels for use by the Sheriff’s Department.
Discussion
Staff requested authorization and City Council approved the purchase of the following vessels:
1. One (1) 250 Verado XL
2. One (1) 250 Verado XXL
3. One (1) 250 Verado CXXL
Due to supply chain disruptions, the Vessel Engines were not available for delivery. Due to increase in production costs, materials, and wages, a surge in demand for products and services, the cost of the vessel engines was increased. The total increase is $1,957.32.
Cost Increase for Purchase of Vessel Engines
7 3
0 Fiscal Impact
Funds are available in the City’s Internal Service Fund for FY23/24.
Attachments
Attachment 1 - Original Quote
Attachment 2 - Buyer's Order
te:
Engine Size: X 250 Verado XL
1 X 250 Verado XXL
1 X 250 Verado CXXL
ASEngine Size:
Engine Size:
llaNCE
60L S. Sanderson Aaenue
Hemet,Ca.92545
1.-951-765-1800
Pe rfo re-, a-
^z e Py'a- r t\ e
Name:_City Of Lake Elsinore
lustomer Contact:_Louis
lustomer Phone: 951-805-9927
Last Chance Perlormance Martne
Purchase Agreement
PACKAGE PRICE:
1 X 250X1 Verado 5.44" 1.85 Cambered Skeg
1 X 250XXL Verado 5.44" 1.85 Cambered Skeg
1 X 250CXXL Verado 5.44" 1.85 Cambered Skeg
Sub Total
Subtotal
Tax
Tax
Total Wtax
Shipping
Shop Supplie
lnstalt New Engine / Lake Elsinore Removes old one (Two Different Boats: 945.00 Each) 'E : This is a binding purchase agreement. lf you haoe placed an order for a custom Boat/Engine (you nre not purchnsing from LCPM Stock) you hatte 72 hours from the time you place tlrc order to cancel witlrout recourse. A deposit of S 1000.00 and npprotted uedit( lf Not Cash / Check Deal), is required to a special ordered boat or Engine.Your deposit is non-refundable if qou cancel after the 72 hour cancellation period. lf you order a stock Boat or Engine your deposit is refundable unless yott ha:oe order specialized equipement or rigging. Your deposit is non refundnble once rigging lns begun, You must sign below to acknowleclge you lmue read and understand the terms if this agreement.
Sisnnture: Date
AL ,
Sigrtrttttre: ?an Date:8/222022
Confidential
Last Chance Performance Marine, lnc.
601 S. Sanderson Avenue
Hemet CA92545
951-765-1800
City of Lake Elsinore
130 S. Main Street
Lake Elsinore CA 92530
951-674-3124
I hereby agree to purchase the following unit(s) from you under the terms and conditions specified. Delivery is to be made as soon as possible. lt is agreed, however, that neither you nor the manufacturer will be liable for failure to effect delivery.
Unit lnformation
New/U Year Make Model Serial No. Stock No. Price
Buyer's Order 09t12t2023
Order No. 2580
Salesman LYNNE PETERSON
New
New
New
2023 MERCURY
2023 MERCURY
2023 MERCURY
250 XL Verad
250XXL Verad
250CXXL Vera
3841 8733
3841 91 83
3B419309
38418733
3841 91 83
38419309
$20,599.00
$20,999.00
$20,999.00
$62,597.00
$0.00
$0.00
$1,799.84
$100.00
$1,990.00
$0.00
$0.00
$0.00
Options:
HARNESS
HARNESS 5FT
HARNESS EXT lOFT
HARNESS EXT 1OFT
HARNESS EXT lOFT
HARNESS-CLEAN PWR
HARNESS-PWRSTRlOF X3
FLUrD-PWRSTR@6
CLEVIS KT-RH DUAL,
CLEVIS KT.LH DUAL.
CLEVIS KT-LH DUAL,
COUPLER-43OMM ,
$0.00
$75.99
$26.99
$26.99
$26.99
$98.99
$122.97
$18.99
$249.99
$264.99
$529.98
$204.99
D
D
D
D
D
D
D
D
D
D
D
D
Unit Price
Factory Options
Customer Rebate
Added Accessories
Freight
Dealer Prep / Rigging Fee
Property/Liability lns.
Service Contract
Property / Liability
Cash Price
Trade Allowance
Payoff
Net Trade
Net Sale (Cash Price - Net Trade)
Sales Tax
Title/License/Registration Fees
Document or Administration Fees
Credit Life lnsurance
Accident & Disability
$66,486.84
$0.00
$0.00
$0.00
$66,486.84
$5,634.72
$0.00
$0.00
$0.00
$0.00
Total Other Charges $5,634.72
Sub Total (Net Sale + other charges) $72,121.56
Cash Down Payment $0.00
Amount to Pay/Finance $72,121.56
Notes:
PO# FY23-00487
8t31t2023
Trade lnformation
Monthly Payment ot $72,121.55 For I Months at 0.00% lnterest NOTICETOBUyER: (1)Donotsignthisagreementbeforeyoureaditorifitcontainsanyblankspacestobefilledin. (2)Youareentitledloacompletelyfilledincopyofthis agreement. (3) lf you default in thJ perforniance of your obligations under this agreement, the vehicle may be repossessed and you may be subiect to suit and liability for the unpaid indebtedness evidenc€d by this agreement.
TRADE-IN NOTICE: Customer respresents that all trade in units described above are free of all liens and encumbrances except as noted. 'With Approved Credit. lnterest rates and monthly payment are approximate and may vary from those determined by the lendor. A nA L---YIKCustomer Signature Dealer Signature
----SLA;Thank You for Your Business!
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: September 26, 2023
Subject: Rental Agreement with WillScot Mobile Mini for Mobile Office Trailer Rental for Code Enforcement
Recommendation
Approve and authorize the City Manager to execute a Rental Agreement with WillScot Mobile Mini for Mobile Office Trailer in an amount not to exceed $45,426.23 per Fiscal Year for a term of two (2) years in such final form approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $4,542.00 for unanticipated costs.
Background
The Code Enforcement Department plays a crucial role in maintaining the safety and quality of buildings and properties within a city. It is essential to ensure that their operations continue uninterrupted, even during City Hall Renovations. By providing a mobile office trailer, code enforcement officers can carry out their duties without significant disruption to their workflow.
Code Enforcement often interacts with residents, property owners, and other stakeholders on a regular basis. During the renovation of City Hall, having a mobile office located at Public Works will ensure that community members can easily access code enforcement services and receive assistance or information as needed.
Rental Agreement with WillScot Mobile Mini
Discussion
The Mobile Office Trailer provides a convenient, cost-effective solution for temporary space. The Mobile Office Trailer will be 64 feet long and 12 feet wide with a roof height of 8 feet. The Office Trailer offers a suitable environment with necessary amenities such as heating, and cooling. This helps maintain employee satisfaction and ensures that they can continue their work effectively.
Renting a mobile office trailer for the Code Enforcement Department during City Hall Renovations ensures that essential services are not disrupted, facilities collaboration and coordination, and provides a conducive workspace for employees.
WillScot Mobile Mini have been competitively bid and priced on OMNIA Partners, dba U.S.
Communities, National IPA, & NCPA, Contract # R210503, with an expiration date of 9/30/2024.
OMNIA Partners, formerly U.S. Communities, National IPA, & NCPA, was created by state law as a service cooperative to provide programs and services to members in the Public Sector.
OMNIA Partners was established with the statutory purpose of assisting members in meeting specific needs which are more efficiently delivered cooperatively than by an entity individually.
OMNIA Partners is authorized to establish competitively awarded cooperative purchasing contracts on behalf of itself and its member agencies. OMNIA Partners follows the competitive contracting law process to solicit, evaluate, and award cooperative purchasing contracts for goods and services. OMNIA Partners contract provides the ability to leverage the combined purchasing power of over 55,000 government agencies resulting in savings on every WillScot order.
Waive of Competitive Bidding Procedures
Under Section 3.08.070(G) of the Municipal Code, the City Council has the discretion to waive the competitive bidding requirement that would otherwise be utilized for this rental. In addition to the benefits outlined above, Mobile Office Trailer satisfies all of the City’s requirements compared to competitors that have significant shortfalls in specifications and operating levels essential to the City’s needs. These benefits and characteristics suited to the City’s specific needs support the finding that waiving the competitive bidding requirement for this rental is in the best interest of the City. Therefore, staff recommends that the City Council waive the competitive bidding according to Municipal Code Section 3.08.070(G) and allow the City Manager for the Mobile Office Trailer Rental as outlined in this agenda report.
Fiscal Impact
Funds are available in the City’s Fiscal Year 23/24 Annual Operating Budget.
Attachments
Attachment 1- Rental Agreement
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5ALUI'DMS
Williams Scotsman inc
195 E Morgan Street
PERRIS CA92571-3112
Toll Free: 800-782-1 500
Your Sales Representative
Julian Hyde
Phone: (951) 200-3107
Email:
[email protected]
Agreement Number:
Q-1509274
Revision: 1
Date:813012023
Expiration Date:
9t29t2023
Lease Agreement
Lessee:
City of Lake Elsinore
130 S Main St
Lake Elsinore, CA 925304109
Contact:
Hector Gonzales
,,US
Phone:9512266109
Email : [email protected]
Ship To Address:
LAKE ELSINORE, CA 92530, US
Estimated Delivery Dale :911 312023
Rental Pricing Per Billing Cycle Quantity Price Extended 60x'12 Mobile Office or Similar
Prof. Entrance - Steps w/ Canopy
Personal Property Expense
ADA/IBC Switchback Ramp - 36ft & Larger
Data Hub - Rental
Minimum Lease Billing Period'.24
1 1
I
1 1
$ 525.00
$ 67.00
$ 22.05
$ 515.00
$ 81.00
$ 525.00
$ 67.00
$ 22.05
$ 515.00
$ 81.00
Total Recurring Building Charges:
Subtotal of Other Recurring Charges:
$ 525.00
$ 685.05
Total Recurring Charges Per Billing Cycle: $ 1 ,210.05
Total Recurring Charges Per Billing Cycle lncluding Estimated Taxes: $ 1 ,31s.93 Estimated Delivery And lnstallation
Ramp - Knockdown & Return
Return - 12'wide
Essentials Material Handling
CA Transport Return Fee
CA Transport Delivery Fee
Prev Wage Setup and Anchor
Prev Wage Knockdown
Fuel Surcharge Delivery
Fuel Surcharge Return
Ramp - Delivery & lnstallation
Delivery - 12'wide
$ 2,900.00
$ 750.00
$ 400.00
$ 25.00
$ 25.00
$ 3,160.00
$ 1,475.00
$ 172.50
$ 172.50
$ 2,900.00
$ 750.00
$ 2,900.00
$ 75o.oo
$ 400.00
$ 25.00
$ 25.00
$ 3,160.00
$ 1,475.00
$ 172.50
$ 172.50
$ 2,900.00
$ 750.00
Total Delivery and lnstallation Charges: $ 12,730.00
Total Delivery and lnstallation Charges lncluding Estimated Taxes: $ 13,843.91 Estimated Final Retum Charges*
Due On Final Invoice*: $ 0.00
Due On Final lnvoice lncluding Estimated Taxes*: $ 0.00 Total lncluding Recurring Billing Charges, Delivery, lnstallation and Return**: $ 41 ,771.20 total tnciuding Recurring Billing Charges, Delivery, lnstallation and Return lncluding Estimated Taxes**: $ 45,426.23 Scope Of Work
OMNIA Contract Number: R210503
Summary of Charges
ffi | Oruntitr, r I totat Cnarges for (1) Building(s): $ 41,771.20
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, Williams Scotsman inc
195 E Morgan Street
PERRTS CA92571-3112
Toll Free: 800-782-1 500
Your Sales Representative
Julian Hyde
Phone: (951) 200-3107
Email:
julian. hyde@wi llscot.com
Agreement Number:
Q-1509274
Revision: 1
Date:813012023
Expiration Date:
9t29t2023
Summary of Charges
Total Charges for (1) Building(s) lncluding Estimated Tax: $ 45,426.23 AOaitionat Services: For your convenience, we also recommend the following items (not included in this Agreement) BY INITIALING BELOW, BUYER/LESSEE/CUSTOMER HEREBY AGKNOWLEDGES AND CONFIRMS THAT !T HAS SELECTED THE INITIALED RECOMMENDED ITEMS TO BE ADDED TO THIS CONTRACT AND AGREES TO PAY THE ADDITTONAL SPECIFIED AMOUNT(S} IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS CONTRACT. lnitial
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Recommended ltems
Loss Damage Waiver ('1 1/12)
Premium Office Package
Professional Cubicle Package
Prev Wage Wood Skirting
Prev Wage Skirting Removal
Hitch installation
Hitch removal
General Liability lnsurance
Billing Frequency
Recurring
Recurring
Recurring
lnitial
lnitial
lnitial
lnitial
Recurring
Price
$ 175.00
$ 99.00
$ 142.00
$ 4,100.00
$ 2,100.00
$ 150.00
$ 150.00
$ 29.00
Extended
$ 175.00
$ 198.00
$ 710.00
$ 4,100.00
$ 2,100.00
$ 150.00
$ 150.00
$ 29.00
atv
1.00 2.00
5.00 1.00
1.00 1.00
1.00 1.00
wrLLscor mofrf,Iemini'F.iitd{"}.,T?r";taluilffi Toll Free: 8oo-782-1500 Your Sales Representative
Julian Hyde
Phone: (951) 200-3107
Email:
[email protected]
Agreement Number:
Q-1 509274
Revision: 1
Oate:813012023
Expiration Date:
912912023
lnsurance Requirements Addendum
QTY
1 PRODUCT
60x12 Mobile Office or
Similar
EQUIPMENT VALUE/BUILD!NG
$51,797
DEDUCTIBLE PER UNIT
$0.00
Lessee: City of Lake Elsinore
pursuant to the Williams Scotsman Lease Agreement and its Terms and Conditions ("Agreement"), a Lessee is obligated to provide insurance to Williams Scotsman, lnc. ("Lessor") with the following insurance coverage:
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. Commercial General Liability lnsurance: policy of combined bodily injury and property damage insurance insuring Lessee and Lessor against any liability arising out of the use, maintenance, or possession of the Equipment. Such insurance shatl be in an amount not less than $1,000,000 per occurrence, naming the Lessor as Additional lnsured and Loss Payee.
2. Commercial property lnsurance: covering all losses or damage, in an amount equal to '100% of the Equipment Value set forth in the Lease providing protection agalnst perils included wiihin tne classification and special extended perils (all "risk" insurance), naming the Lessor as Additional lnsured and Loss Payee.
By signing below, the Leisee agrees to the terms and conditions stated herein. All other general Terms and Conditions of the Agreement shall remain the same and in full force and e-ffect. Each party is hereby authorized to accept and rely upon a facsimile or electronic signature of the other party on this Addendum. Any such signature shall be treated as an original signature for all purposes.
General Liability lnsurance Program
ffintheGeneralLiabititylnsuranceerogram,wherebyLesseewittreceiveinsurancecoVeragethroughAmericanSouthern lnsurance Company (,,lnsurer,,) and administered'by Allen lnsuranle Group ("Agent"). The Lessee acknowledges and agrees that the policy issued by the lnsurer is a iniro party liabiiity policy that covers those amounts that Lessee is legally obligated to pay due to bodily insurance and property damage arising from the proper use and'o"cupin.y of Equipment leased from williams scotsman up to the policy limits. coverage is subject to underwriting and speciic terms and conditions set forth in the policy. An ouiline of cover is available upon request. By signing below, Lessee understands and agrees that the Lessor is not providing the insurance coverage and serves only as a billing agent for the lnsurer and its Agent; and, accordingly, it assumes no liability therefore.
Signature of Lessee: Print Name:
Damage Waiver Program
ffisDamageWaiu-"rP,ogra,.LeSseeunderStandSandagreesthatunderthisprogram,theLesSorwaives,for a fee, Lessee,s obtigation to carry Commercial Property lnsuranie and Lessee's liability to Lessor for repair or Ppl:::T:l.l_1lT^T.:i11::i:]""T:1 from Williams scotsman resulting from loss or damage as specified in the Lease Agreement. Lessee remains liable to williams Scotsman for the amount of the damage deductible per unit of equipment noted above. Please refer to the Agreement for specific details on coverage, exclusions and restrictions o, cou"r"gel The property Damage Waiver is not and shall not constitute a contract for insurance.
Signature of Lessee: Print Name:
Please return this signed document with the signed lease agreement' Date:
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julian. [email protected]
Agreement Number:
Q-1 509274
Revision: 1
Date:813012023
Expiration Date:
912912023
Clarifications
*Final Retum Charges are estimated and will be charged at Lessor's prevailing rate at time of return. **All prices include estimated taxes if applicable. All Lesiees and Leases are subject to credit review . ln addition to the stated prices, customer shall pay any local, state or provincial, federal and/or personal property tax or fees related to the equipment identified above ("Equipment"), its value or its use. Lessee acknowledges that upon delivery of the Equipment, this Agreement may be updated with the actual serial numbe(s), delivery date(s), lock serial number(s), etc, if necessary and Lelsee will be supplied a copy of the updated information. Prices exclude taxes, licenses, permit fees, utility connection charges, site preparation and permitting which is the sole responsibility of Lessee, unless otherwise expressly agreed by Lessor in writing. Lessee is responsible for locating and marking undeiground utilities prior to delivery and compliance with all applicable code requirements unless otherwise expressly agreed by the Lessor in writirig. pricJ assumes a level site with clear access. Lessee must notify Lessor prior to delivery or return of any potentially hazardous conditions or other site conditions that may otheMise affect delivery, installation, dismantling or return of any Equipment. Failure to notify Lessor of such conditions will result in additional chargis, as applicable. Physical Damage & Commercial Liability insurance coverage is required beginning on the date of delivery.
Lessor is not responsible for changes required by code or building inspectors. Pricing is valid for thirty (30) days.
Please note the following important billing terms:
. ln addition to the first biliing period rental and initial charges, last billing period rent for building and other recurring rentals/services (excluding General Liability lnsurance Jnd Property Damage Waivers), will be billed on the initial invoice. Any amounts prepaid to Williams Scotsman will be credited on the final invoice.
. lnvoices are due on receipt, with a twenty (20) day grace period. lnterest will be applied to all past due amounts. . lnvoices are due on receipt, with a twenty (20) day grace period. Late fees will be applied to all past due amounts. . Williams Scotsman prefeired method of payment is ACH. Payments made by check are subject to a Paper Check Fee, charged on the next invoice following payment by check.
. Williams Scotsman preferred method of invoicing is via electronic transmission. Customers are encouraged to provide an email address or use MMConnect. lnvoices sent standard mail are subject to a paper invoice fee, charged on the following invoice.
Lessor hereby agrees to lease to Lessee and Lessee hereby agrees to lease from Lessor Modular Equipment and Value Added Products (as such itemi are defined in Lessor's General Terms & Conditions) selected by Lessee as set forth in this Agreement. All such items ieased by the Lessee for purposes ofthis Lease shall be referred to collectively as the "Equipment". By its signature below, Lessee hereby acknowledges that it has read and agrees to be bound by the Lessor's General Terms & Conditions (6.3'22) located on Lessor's internet site (httos:/fuvww.willscot.com/AbouUterms-conditions) in their entirety, which are incorporated herein by reference and agrees to lease the Equipment from Lessor subject to the terms therein. Although Lessor will provide Lessee with a copy of the General Terms & Conditions upon written request, Lessee should print copies ofthis Agreement and General Terms & Conditions for recordkeeping purposes' Each party is authorized to accept and rely upon'a facsimile signaturq digital, or electronic signatures of the other party on this Agreement. Any such signature will be treaied as antriginal signature foi all purposes and shall be fully binding. The undersigned represent that they have the "rlpr"""
authority of the respective party ttrey .epreseni to enter into and execute this Agreement and bind the respective party thereby. lnvoicing Options (select one)
I I Standard Mail OPtion
Customer prefers to receive paper invoice via mail. Fees may apply lnvoices will be mailed to:
Corrected Email Address: Enter a new billing address:
t I Paperless lnvoicing OPtion
Williams Scotsman prefers electronic invoicing, an efficient, convenient and environmentally friendly process. To avoid fees, provide us with the proper email address for your invoices.
wrLt$cor nnfrilE Nfrni Hi:J"f{"HTiil:fi,lurD{rt Toll Free: 8oo-782-1500 Your Sales Representative
Julian Hyde
Phone: (951) 200-3107
Email:
[email protected]
Agreement Number:
Q-l509274
Revision: 1
Dale:813012023
Expiration Date:
912912023
Signatures
Lessee: City of Lake Elsinore
Print Name:
Lessor: Williams Scotsman inc
Print Name:
PO#:
60'*0"
WILLSCOT
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Specifications
1. . 64' Long (including hitch)
. 60' Box Size
. L2'wide
. 8'Ceiling height
lnterior Finish
. Paneled walls
. Vinyl tile floors
. T-grid ceiling
Fluorescent ceiling lights
t2Ol24O volt single phase electric
100 amp breaker panel
. Windows/Door
Horizontal sliding windows
Steel door with commercial grade lock
ity (Especially exterior door placement)
Heating and Cooling
. Thermostaticallycontrolledcentral
. HVAC unit
. Supply ducted
. Exterior Finish/Frame
. Wood siding
. l-beam or c-channel frame
. Standard drip rail gutters
Customer Signature
Additional floor plans available. Floor plans and specifications may vary from those shown and are subject to in-stock . Size . Electric '
a
a
a
a
x
Mobile Offi ce 64 x 12
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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: September 26, 2023
Subject: Agreement with Inland Empire General Contractor, Inc. for Minor On-Call Construction and Repair Services
Recommendation
Approve and authorize the City Manager to execute an agreement with Inland Empire General Contractor, Inc. in an amount not to exceed $100,000 for On-Call construction and repair services in such final form as approved by the City Attorney.
Background
On-call contracts allow a city to deploy construction and repair services rapidly and efficiently under pre-negotiated terms. The City may require services if the City is unable to provide or perform these services internally or in case of an urgent unforeseen matter.
Discussion
This On-call contractor will perform a wide variety of On-Call repair and minor construction work.
All assigned work will be proposed in writing, reviewed, and negotiated by our Staff, and approved before execution. This agreement is needed to ensure the continued on-call and minor construction contractor support is in place for immediate operational demands and minor construction projects.
Fiscal Impact
Funds are included in the Fiscal Year 2023/24 Annual Operating Budget.
Inland Empire General Contractor On-Call Agreement
Attachments
Attachment 1 - Agreement
Exhibit A - Proposal
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0 AGREEMENT FOR CONTRACTOR SERVICES
Inland Empire General Contractor, Inc
ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of September 26, 2023 by and between the City of Lake Elsinore , a municipal corporation (the “City”) and Inland Empire General Contractor , a corporation (the “Contractor”).
RECITALS
A. The City has determined that it requires the following services:
On-call minor construction and repair services
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated August 27, 2023, both of which are attached hereto as Exhibit A (collectively, the "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 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. Contractor acknowledges that the Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call and minor construction support on an as needed basis.
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 by 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 .
3 5
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0 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 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 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. 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 hundred thousand dollars and no cents ($100,000.00 ) 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. Background Checks . At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of 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.
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 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 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
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0 Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein.
7. Plans, Reports, 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 City, 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 . Contractor shall not, without the prior written consent of City, use such materials 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 documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period
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0 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 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.
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, 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.
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 employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. Interests of 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.
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0 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).)
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 shall 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.
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 .
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 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.
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0 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 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 automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language :
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City,
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0 its elected or appointed officers, officials, employees, agents and volunteers . Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers , officials, employees or agents . v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers .
vi. The insurance provided by this Policy shall not be suspended , voided , canceled , or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions . d. Certificates of Insurance . Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices . Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section .
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to:City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Inland Empire General Contractor
Attn: Harvey Nelson
31620 Auto Center Dr. Ste B1
Lake Elsinore, CA 92530
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0 18. 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 .
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 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.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
21. Mediation . The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation . The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators . Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute . If the dispute remains unresolved after mediation, either party may commence litigation.
22. Prohibited Interests . 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,
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0 indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. 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 specifically agreed to in writing. In the event of conflict, this Agreement 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 .
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Inland Empire General Contracto , a Corporation
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0 City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
By: Harvey Nelson
Its: Owner
Attachments: Exhibit A – Contractor’s Proposal
EXHIBIT A
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
8/27/23
IEGC Provided Services
$90 Per Hr Skilled Labor
$125 Per Hr Specialized Plumber
$125 Per Hour Specialized HVAC
$125 Per Hour Specialized Electrician
Dump & Haul Away $400.00 Per Load
$25 Per SF Metal Framing Labor and Materials
$16SF Wood Framing $ 16SF Labor and Materials
Concrete New Construction - $12 SF Poured & Finished
Drywall - 90 per sheet Installed
$2.00 SF Texture - Orange Peel, Knockdown
$3.00 SF Texture- Smooth - Level 5
$3,75 SF Walls - Painted labor and Materials
$4.75 SF Ceilings - Painted labor and materials
31260 Auto Center Dr., Suite B1 • (951) 418-8301 • [email protected] $ 9.00 SF Stucco Repair
$7.00 SF Vinyl Flooring
$12,00 SF Ceramic or Porcelain
$3,25 LF Baseboards, Vinyl 4 inch
$ 6,00 LF MDF Baseboard
Kitchen Remodeling- by Bid Only
Restroom Remodeling- by Bid Only
Overhead Percentage 25%
Profit Percentage 5%
General Contractor- B
#1056862
31620 Auto Center Drive
Suite B-1
Lake Elsinore Ca, 92530
REPORT TO SUCCESSOR AGENCY
To: Honorable Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Candice Alvarez, MMC, Secretary
Date: September 26, 2023
Subject: Minutes of the Regular Successor Agency Meeting of September 12, 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:
September 12, 2023
Closed Session: 5:30 PM
Public Session: 7:00 PM
Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530
CALL TO ORDER
The Regular Meeting of the City Council was called to order at 5:32 p.m.
ROLL CALL
Present: 5 - Council Members Tisdale, Sheridan, and Magee; Mayor Pro Tem Manos; and Mayor Johnson
Absent: 0 - None
PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
There were no speakers.
CLOSED SESSION - 5:30 P.M.
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov’t Code Section 54956.8)
Property: APNs: 374-062-004, 374-062-016, 374-062-024
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and C&C Development Co., LLC Under negotiation: Price and terms of payment
B. Conference With Real Property Negotiators
(Gov’t Code Section 54956.8)
Property: APNs: 373-251-001, 373-251-002, 373-251-003
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Barbara A. Bousman Under negotiation: Price and terms of payment
City Council Minutes - Draft September 12, 2023
City of Lake Elsinore Page 2
C. Conference With Real Property Negotiators
(Gov’t Code Section 54956.8)
Property: APNs: 374-261-004
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and William Edward and Lisa Christine Zander
Under negotiation: Price and terms of payment
RECESS
The City Council recessed into Closed Session at 5:33 p.m.
RECONVENE/CALL TO ORDER
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
Mayor Pro Tem Manos led the Pledge of Allegiance.
MOMENT OF SILENCE
ROLL CALL
Present: 5 - Council/Agency Members Tisdale, Sheridan, and Magee; Mayor Pro Tem/Vice Chair Manos; and Mayor/Chair Johnson
Absent: 0 - None
CLOSED SESSION REPORT
City Attorney Leibold reported that three items were discussed; however, no reportable action was taken.
PRESENTATIONS/CEREMONIALS
1) Constitution Week
Present a Proclamation declaring the week of September 17-23, 2023 as “Constitution Week” in the City of Lake Elsinore.
Mayor Johnson presented the Proclamation to Joyce Hohenadl and Bonnie Hayosh. 2) Invention Convention Nationals
View a presentation from students of the Julia Lee Performing Arts Academy Regarding Invention Convention Nationals.
Kingsley Reyes, Sofia Flores, Sunny Watkins, and Chloe Barraza were present.
City Council Minutes - Draft September 12, 2023
City of Lake Elsinore Page 3
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - ONE MINUTE
Doug Norfolk was called to speak.
Ace Vallejos was called to speak.
Paulie Tehrani was called to speak.
CITY COUNCIL CONSENT CALENDAR
A motion was made by Mayor Pro Tem Manos, seconded by Council Member Tisdale to add an item to the City Council Consent Calendar as Item No. 24A which required immediate action and came to the City’s attention after the agenda was posted. The motion carried by the following vote:
Aye: 5 Council Members Tisdale, Sheridan, and Magee; Mayor Pro Tem Manos; and Mayor Johnson
Nay: 0 None
A motion was made by Mayor Pro Tem Manos, seconded by Council Member Tisdale to approve the City Council Consent Calendar noting Council Member Magee’s opposition to Item No. 13. The motion carried by the following vote:
Aye: 5 Council Members Tisdale, Sheridan, and Magee; Mayor Pro Tem Manos; and Mayor Johnson
Nay: 0 None
3) Minutes of the Regular City Council Meeting of August 22, 2023 Approve the Minutes.
4) CC Warrant Report Dated August 04, 2023 to August 10, 2023 Receive and File.
5) CC Warrant Report Dated August 11, 2023, to August 17, 2023 Receive and File.
6) CC Investment Report for July 2023
Receive and file the Investment Report for July 2023.
7) Agreement and Escrow Instructions for Purchase and Sale of Real Property 114 South Main Street, Lake Elsinore (APN 373-151-021)
Approve the purchase of real property located at 114 South Main Street (APN 373-151- 021) for $400,000, ratify the City Manager’s execution of the Agreement and Escrow Instructions for Purchase and Sale of Real Property (“Agreement”) and further authorize the City Manager or designee to execute such other ancillary documents as may be necessary to complete the purchase, in such final form as approved by the City Attorney.
City Council Minutes - Draft September 12, 2023
City of Lake Elsinore Page 4
8) Purchase of Real Property for Affordable Housing Purposes (APNs 374-062-004, 374-062-016, 374-062-024)
Approve the purchase of approximately 1.97 acres of real property located at Flint Street and North Spring Street (APNs 374-062-004, 374-062-016, 374-062-024) for $685,000 and authorize the City Manager or designee to execute an assignment of the Purchase Agreement and such other ancillary documents as may be necessary to complete the purchase, in such form as approved by the City Attorney. 9) Lake Elsinore Community Facilities District No. 2015-1 (Safety Services) Declaring Its Intention to Consider Annexing Territory Tract No. 38378 Annexation No. 14
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES),
DECLARING ITS INTENTION TO CONSIDER ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES).
10) Annexation No. 19 Into Community Facilities District No. 2015-2 (Maintenance Services) for Tr 38378 (Coastal Mission Trails)
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF
THE CITY OF LAKE ELSINORE, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 19) AND AUTHORIZING THE LEVY OF A SPECIAL TAXES THEREIN.
11) Intention to Establish Community Facilities District No. 2023-2 of the City of Lake Elsinore (Coastal Mission Trails)
1. Adopt A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2023-2 OF THE CITY OF LAKE ELSINORE (COASTAL MISSION
TRAILS), TO AUTHORIZE THE LEVY OF A SPECIAL TAX TO PAY THE COSTS
OF ACQUIRING OR CONSTRUCTING CERTAIN FACILITIES AND TO PAY DEBT SERVICE ON BONDED INDEBTEDNESS; and
2. Adopt A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, TO INCUR BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $15,000,000 WITHIN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2023-2 OF THE CITY OF LAKE ELSINORE (COASTAL MISSION TRAILS).
12) Golden State Bait, Inc. Annual Contractor Services Agreement Approve and authorize the City Manager to execute an agreement with Golden State Bait, Inc. for fish stocking in an amount not to exceed $75,000.00 per year for three years with two one-year extension options in such final form as approved by the City Attorney.
City Council Minutes - Draft September 12, 2023
City of Lake Elsinore Page 5
13) Fabrication and Installation of Transportation Art Panels at 1-15 Railroad Canyon Road Interchange and Main Street Interchange
Approve and authorize the City Manager to execute the Agreement with Yesco in the amount of $1,036,279.63 plus an additional 10% in contingency for the fabrication and installation of Metal Art Panels at the I-15 Railroad Canyon Road Interchange and I-15 Main Street Interchange in final form as revised and approved by the City Attorney.
A motion was made by Mayor Pro Tem Manos, seconded by Council Member Tisdale to approve The motion carried by the following vote:
Aye: 4 Council Members Tisdale and Sheridan; Mayor Pro Tem Manos; and Mayor Johnson
Nay: 1 Council Member Magee
14) Amendment No.1 to Professional Services Agreement with FCG Consultants to Provide Construction Management & Inspection Services for the I-15 / Main Street Interchange Improvements Project
Approve and authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement with FCG Consultants for $349,944.48 plus an additional 10% contingency to provide Construction Management & Inspection Services for the I-15 / Main Street Interchange Improvements Project in final form as approved by the City Attorney.
15) Final Tract Map 32585, Echo Highlands
Authorize the City Engineer and City Clerk to accept the Right of Way labeled Lot “O” on Tract Map 32585 and sign the map for acceptance.
16) Professional Services Agreement with Bucknam Infrastructure Group, Inc. for As- Needed Professional Services for Pavement Management Program Support and Pavement Condition Index (PCI) Updates
Approve and authorize the City Manager or designee to execute the Professional Services Agreement in the amount not to exceed $7,600.00, and execute up to two (2) additional annual renewals, not to exceed $7,600.00 per year in such final form as approved by the City Attorney.
17) Amendment No. 1 to the Contractor Services Agreement with Décor IQ for Additional Design for the City’s Main Street Holiday Decorations Approve and authorize the City Manager to execute Amendment No. 1 to the Contractor Services Agreement with Décor IQ for additional decorations for the City’s Main Street holiday decorations for a total contract amount not to exceed $155,310.00, in such final form as approved by the City Attorney, and authorize the City Manager to execute change orders not to exceed a 10% contingency of $15,531.00 for uncertainties and adjustments.
City Council Minutes - Draft September 12, 2023
City of Lake Elsinore Page 6
18) Purchase of Two (2) Solar Powered LED Message Boards from Quinn Cat Rental Approve and authorize the City Manager to execute the Purchase Order for $46,891.42 for the purchase of two (2) Solar Powered LED Message Boards from Quinn Cat Rental in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $4,689.00 for unanticipated costs.
19) Agreement for Contractor Services with Quinn Company (DBA Quinn Power Systems) for Service & Maintenance of City-Owned Generators Approve and authorize the City Manager to execute an Agreement for Contractor Services with Quinn Company (DBA Quinn Power Systems) for service and maintenance of City-owned Generators in an amount not to exceed $30,000.00 per Fiscal Year for a term of three (3) years in such final form approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $3,000.00 for unanticipated costs.
20) Agreement for Contractor Services with California State Fire Protection for Maintenance Services for Portable Fire Extinguishers for City Vehicles & City Facilities
Approve and authorize the City Manager to execute the agreement for Contractor Services with California State Fire Protection for monthly extinguisher inspections and annual extinguisher maintenance for citywide facilities in an amount not to exceed $13,000.00 per Fiscal Year for a term of three (3) years in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $1,300.00 for unanticipated costs. 21) Award a Public Works Agreement to RAMCO Docks, LLC for the City Fishing Docks, and Boat Docks Project (CIP Project #Z40034)
Approve and authorize the City Manager to execute an agreement with RAMCO Docks, LLC in an amount not to exceed $476,200.00 for the design, fabrication, and installation of the City fishing docks and boat docks project (CIP Project #Z40034) in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $47,620.00 for construction uncertainties and adjustments.
22) Agreement for On-call Services with Murrieta Lock & Safe, Inc. for Citywide Locksmith Services
Approve and authorize the City Manager to execute an agreement with Murrieta Lock and Safe, Inc. for On-Call Citywide Locksmith Services for an amount not to exceed $15,000 per fiscal year for a term of three (3) years in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $1,500.00 for unanticipated costs.
City Council Minutes - Draft September 12, 2023
City of Lake Elsinore Page 7
23) Agreement for Contractor Services with West Coast Services for Monthly Window Washing Services for Citywide Facilities
Approve and authorize the City Manager to execute an Agreement for Contractor Services with West Coast Services for Monthly Window Washing Services for Citywide Facilities in an amount not to exceed $13,715.00 per Fiscal Year for a term of three (3) years in such final form approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $1,371.00 for unanticipated costs.
24) Construction Agreement to Regan Paving for the Asphalt Paving of Launch Pointe RV Resort Maintenance Yard Project No. Z20029
Approve and authorize the City Manager to execute an agreement with Regan Paving in an amount not to exceed $87,596.00 for asphalt paving of Launch Pointe RV Resort Maintenance Yard Project No. Z20029 in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $8,759.60 for uncertainties and adjustments. 24A) Approval of an Amendment to the Community Development Block Grant (CDBG) Joint Recipient Cooperative Agreement for Federal Fiscal Years 2024, 2025, and 2026
Authorize the Mayor to execute an amendment to the Joint Recipient Cooperation Agreement with the County of Riverside to satisfy HUD requirements.
SUCCESSOR AGENCY CONSENT CALENDAR
A motion was made by Agency Member Tisdale, seconded by Vice Chair Manos to approve the Successor Agency Consent Calendar. The motion carried by the following vote:
Aye: 5 Agency Members Tisdale, Sheridan, and Magee; Vice Chair Manos; and Chair Johnson
Nay: 0 None
25) Minutes of the Regular Successor Agency Meeting of August 22, 2023 Approve the Minutes.
26) SA Warrant Report Dated August 04, 2023 to August 10, 2023 Receive and File.
27) SA Warrant Report Dated August 11, 2023 to August 17, 2023 Receive and File.
28) SA Investment Report for July 2023
Receive and file the Investment Report for July 2023.
City Council Minutes - Draft September 12, 2023
City of Lake Elsinore Page 8
29) Amended Recognized Obligation Payment Schedule (ROPS 23-24B) for the Period January 1, 2024 Through June 30, 2024
Adopt A RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE AMENDED RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 23-24B) FOR JANUARY 1, 2024 THROUGH JUNE 30, 2024.
PUBLIC HEARING
30) Vacation of Drainage Easement at Tract No. 18719-4
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA VACATING A DRAINAGE EASEMENT.
The Public Hearing was opened at 7:28 p.m.
City Engineer Habib presented the staff report.
There were no speakers.
The Public Hearing was closed at 7:30 p.m.
A motion was made by Council Member Tisdale, seconded by Mayor Pro Tem Manos to adopt a Resolution The motion Carried by the following vote:
Aye: 5 Council Members Tisdale, Sheridan, and Magee; Mayor Pro Tem Manos; and Mayor Johnson
Nay: 0 None
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - THREE MINUTES
There were no speakers.
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 Executive Committee meeting on September 8, 2023; and shared information from the Department of Veterans Affairs and the Northwest Mosquito and Vector Control District.
City Council Minutes - Draft September 12, 2023
City of Lake Elsinore Page 9
Council Member Sheridan wished Jeanie Corral a Happy 80 th Birthday and shared photos from her birthday celebration; wished Justin Ferguson luck in his future as he retires from being Mini Thunder, one of Storm Baseball’s mascots, and shared his story; announced the end of the Storm’s 2023 season and that the 2024 season will open on April 5, 2024; announced that author Luke A. Nichter, who spoke in Lake Elsinore last year, has released a book titled “The Year That Broke Politics”; and
Council Member Magee shared items coming forward to the Riverside County Transportation Commission Board of Directors; provided updates on the state of the Lake; announced that 770 pounds of channel catfish, 1,000 blue gill, and 420 pounds of large mouth bass were stocked in the Lake on September 1, 2023; shared water safety tips; and announced that the SCCA LA Chapter, SCCA Autocross, and Sand Drag will host races September 21-22 and September 29- October 1 at Diamond Stadium and Elsinore Skydive.
Mayor Pro Tem Manos reported on his attendance at the Southern California Association of Governments Regional Council meeting on September 7, 2023; announced Mariachi Fest on Saturday, September 16, 2023 at Diamond Stadium; and encouraged Lake Elsinore high school Juniors and Seniors to apply to participate in the 2023 Dream Extreme Future Leaders Program by applying by the application deadline on September 29, 2023.
Mayor Johnson shared information from the Animal Friends of the Valleys; reported on her attendance at the Riverside County Mayors Coalition meeting on August 31, 2023; provided updates from the Homeless Task Force; and announced that the Deputy Darnell Calhoun Memorial Highway has been approved.
ADJOURNMENT
The Lake Elsinore City Council adjourned at 7:58 p.m. to the next Regular meeting of Tuesday, September 26, 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.