Dream Center – Ambassador Discipleship Center
164 S. Main Street
APPLICATION OBJECTIVE:
Provide proper entitlement of the new Ambassador Discipleship Center, for Dream Center Lake Elsinore via the City of Lake Elsinore’s conditional use permit process. Dream Center Lake Elsinore will be the owner operator for the center.
PROJECT DESCRIPTION
What is Dream Center:
A volunteer driven organization that finds and fills the needs of individuals and families in our community. We do this by connecting isolated people to God and a community of support through regular service projects and neighborhood events, promoting freedom from life-controlling issues, offering practical life skills training, and fostering deep spiritual growth.
We work to meet people where they are, to bring them hope and a way off the streets, out of poverty, and into self-sufficiency.
Our Mission Statement:
We have been called to RESTORE and REBUILD
the PEOPLE and PROPERTY of Lake Elsinore
physically, emotionally, and spiritually.
Purpose of Development:
Dream Center Lake Elsinore’s Vision for the Ambassador:
To fulfill our purpose and mission, the Dream Center has been seeking a unique property with both; (I) the capacity to address the needs of our local community as well as (II) the opportunity to collaborate with others in a way that allows us to lean into the rich history of our beautiful city.
In our acquisition of the Ambassador Hotel, it is our vision to restore a historic property to be used for rebuilding lives that will, in turn, revitalize our community. As we embark on this project, it is our desire to not only help those experiencing systemic brokenness but to create an impactful organization that makes our entire community cleaner, safer, and more desirable place to live and play.
Over our seven years of active service in the Lake Elsinore Community we have had numerous opportunities to build trust & confidence with our City Council and Staff from various departments.
Site History:
The original building that became the Ambassador Hotel was built as the 1Exchange Bank of Elsinore
and opened in 1888. It was later remodeled and turned into the Ambassador Hotel. Many remodels and at least one fire bring the site to its current condition where it has been abandoned and partially open to the elements for many years.
Dream Center Lake Elsinore acquired the building in January of 2022.
Revision: July 10, 2023
Site Information:
The project property is comprised of two parcels that make up a 0.85 acre site.
Located on the Northeast corner of the intersection of South Main Street and East Prospect Street.
The Current Ambassador site is 0.38 acres (APN-373-153-041) of mostly flat terrain that contains the existing Ambassador Hotel, its swimming pool, outdoor areas and a gravel parking lot.
Prospect Street slopes uphill from the intersection with Main Street and is separated from the east property line of the project site by an existing street sidewalk and an existing concrete retaining wall that continues along the full south property line. At the Southeast corner of the property This wall is over 10’-0” high.
Dream Center Lake Elsinore and the adjacent property owner of Gearhart’s Garage have entered into an agreement for Dream Center Lake Elsinore to purchase this adjacent property (APN-373- 153-039). The site is mostly level and was used as a Mechanics Service Garage from the time of construction until the fire destroyed the site. It currently shares driveway access to Main Street with the Ambassador property on its eastern edge.
The Gearhart property is 0.47 acres and contains two structures. The first being a service station building, that has been long since abandoned and is currently being used for storage and a fire damaged Mechanics Service Garage structure currently unused.
This acquisition brings the total land area for the project site to 0.85 acres. The two sites are made up of several small parcels, these will all be merged to form one parcel via a Lot Merger process.
That is intended to run parallel to the CUP process.
Building Information:
Occupying the NE corner of the property the building is currently (4) stories, of masonry and wood construction. There is a turret element at the corner of the building that faces both South Main and Prospect streets. The roof is of wood construction in a low slope gabled, and hipped configuration set back behind a low tile mansard roof. Most if not all the original historic character has long since disappeared due to the damage, likely caused by the fire. The building was most recently configured with a restaurant on the ground floor. The exterior walls have had stucco applied over the masonry substrate at some point in the past.
The remaining portion of the site is occupied by a large swimming pool patio surrounded by a masonry fence. A small parking area takes up the back 1/3 of the parcel.
To the west is the Gearhart’s property. It currently has an unused gas station building that appears to be of 1960 or 70’s construction and a masonry Mechanics Garage building that was partially damaged by a fire and has not been rebuilt. The exterior walls are still standing by means of construction bracing since the entire roof structure is gone.
Revision: July 10, 2023
Program Information:
The Ambassador project will house program participants meeting the qualification standards as set forth by the Dream Center. Programs provided will include Leadership, Mentorship, see exhibit B, and Discipleship Program, see exhibit A.
Participants will be provided with:
A safe place to live for periods longer than six months up to two years. Daily meal service.
Access to supportive services such as Spiritual and Life Skill Training and Mentoring, provided by the program, to assist the participant to become a productive member of the community.
Assistance in obtaining services offered by others not located at the Ambassador.
Clarifications:
The program does not require licensing by the State or other authority as the program does not provide Medical, Dental or Behavioral Health treatments, but does refer participants to these service providers not located at the Ambassador.
The project is not a place of religious assembly. The program is centered around spiritual principles and teaching. The program is administered in group, individual, and educational Sessions.
The program does not provide transient room and board. All participants must be enrolled in the program and as such will be housed for longer than six months up to two years. The program will serve as a transitional housing option, in a congregate dormitory setting, for participants enrolled in or moving on from other programs not located on the property. The facility and programs are voluntary, the participants may leave whenever they choose.
Participants wishing to reapply for the program after leaving will be subject to higher level of scrutiny before they are allowed to rejoin the program. But in no case will a participant be allowed to reside at the Ambassador for greater than twenty four months (two years). Participants may include men, women and families each in designated areas of the building.
Key Points:
The total planned occupancy is 52 participants plus staff for a total of 64. The doors (exiting/egress) are not locked, participants are ambulatory and can self- rescue/evacuate if required by an emergency.
The building will be protected by a fire alarm and fire sprinkler system as required by the CBC, CFC and NFPA.
Upgrades to the building will comply with the appropriate codes and standards. (I.E. CBC, CFC etc.)
Security and Safety Features:
The Ambassador will be staffed by trained qualified personnel 24 hrs. a day, 7 days a week and 365 days a year. These personnel will provide security monitoring of the campus.
As such Burglar alarms as required by LE DSP 3.4.1.12 b will be redundant, however security alarm and “panic buttons will be used in conjunction with staffing.
A dedicated resident entry has been provided between the reception area and the Diner on the first floor. This entry will be key coded and allow only the residents to access the Revision: July 10, 2023
sleeping floors of the facility. The elevator will also be key coded to not allow unauthorized persons to access the sleeping floors.
Address signage will be automatically illuminated as required by LE DSP 3.4.1.12 a. The public interior and exterior areas will be well lit. Security cameras and alarms may be used in areas both on the interior and the exterior to monitor the campus.
The Ambassador has a no abuse/violence policy. Persons not complying with this policy will be removed from the program.
Program participants must maintain their sobriety. Participants found to be intoxicated or under the influence of drugs will be removed from the program. The building will be equipped with a Fire Sprinkler and Fire Alarm system. Building Plans as submitted for Building permits shall reflect all security and safety features.
Proposed Activities:
This program will include things like, access and guidance to other state and privately funded services off site for housing, mental and physical health as well as restorative programs aimed at making them responsible, active, contributing members of the local community. There will also be training, and other activities offered on-site for the improvement of the residents. Some of these things may include bible studies, work search workshops, tutoring, resume writing, computer literacy, etc.
Retail Operations:
Retail Food and Drink Sales (restaurant) from the Diner Dining room.
The Ambassador will offer dining options for retail patrons in the off hours from meal service for residents. The dining room will provide light meals, and nonalcoholic drink service. The facility will serve as a training ground for residents who enroll in the Culinary Art training program scheduled to be offered to residents. This program will provide yet another avenue for job training while providing an opportunity for residents to provide “service” to the community. Additionally, the dining room will have a pickup counter to patrons to call ahead or schedule delivery service pick up of food items or meals.
Retail Training/Conference room rentals:
The Ambassador will make its first floor conference center available to the public for rental, when the Ambassador’s programs are not using the spaces. These rentals will be coordinated with the reception staff on the first floor. Catering from the Kitchen/Diner will also be available for these spaces.
Revision: July 10, 2023
Hours of Operation:
The facility will operate as follows:
Office/Operations: 8 am to 5 pm, Monday Through Friday. Meal Service/Dining Room:
o Breakfast – 6:30 am to 9 am 7 days a week.
o Lunch – 11:30 am to 1:30 pm 7 days a week.
o Dinner – 5:00 pm to 7:30 pm 7 days a week.
Housing/Mentorship Component: 24 hours a day/ 7 days a week. Staff will be onsite 24 hours a day/ 7 days a week.
Revision: July 10, 2023
ENTITLEMENT INFORMATION
Zoning:
The project is located in the Downtown Elsinore Specific Plan (DESP). The underlying zone is Mixed Use.
Use:
We propose that the new use definition of Supportive Housing – Privately Administered be added to the DESP. The project is by its nature, less than 24 months. As such we propose this project best fits the definition in the building code of a Congregate Residence.
This new definition would be very closely based on the State Dept of Housing definition of “Supportive Housing” as defined by CA Government Code Sec. 65582.
“Supportive Housing - Privately Administered“- means - housing provided by a private social service entity or organization, with no limit on length of stay, that is occupied by the target population*, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
*” Target Population” means - persons that require assistance from a governmental agency(ies) or privately funded entity(ies) or organization(s) with the goal of becoming an active and productive member of the community. These persons may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
This definition is similar to several already allowed uses in the specific plan… ie: Office, Restaurant, Housing, Boarding Houses, Motels and Live-Work Units. The project as proposed has several of these uses already built into the program.
Case in point, this program is very similar to the City’s existing Homeless Services project at “The Anchor”. “The Anchor” is the first line of programs that serve the Homeless Population in the Lake Elsinore region. Currently Dream Center Lake Elsinore partners and provides services to “The Anchor’s” short term mission to provide emergency support and stabilization of the Homeless Population. After “The Anchors” limited 60 day commitment to these persons, the Ambassador will be there to step in and provide longer term (up to 24 months) support, resourcing, stabilization and development of the resident.
The residents will be required to enter into an agreement that sets forth their responsibilities in the program. There is no monetary rent required to be in the program. If approved the resident would then be given “room and board” as part of their participation in the program.
Each dorm room would be set up to house 4 persons (beds), there are proposed to be 13 dorm rooms = 52 residents. Additionally, there would be resident staff on each sleeping floor. Currently it is proposed that each of these staff quarters could potentially have between 2-4 persons (beds) . There are 3 staff quarters for approximately 12 staff. 52 residents plus up to 12 staff = 64 persons as currently planned. 13 dorms plus 3 staff quarters = 16 dwelling units.
Revision: July 10, 2023
All portions of the building support this use; the residential sleeping rooms and kitchen areas are exclusively for use of participants and staff. No additional “general public” visitors will use these spaces. The areas of the first floor used for training rooms and the dining room will have a retail component including:
A) Rental of training and conferences rooms to the general public.
B) Dining room limited hours public sales of food and drink to the general public, walk in or pick up (“uber eats”, etc.)
The offices and conference room above the 1
st floor are for the use of staff assigned to this building and are used to administer the program of the center.
The reception area on the first floor will be staffed to assist participants with questions, provide intake interviews for new participants and will act as the entrance/check-in portal for all visitors and deliveries. Some deliveries may check in in the reception area, but due to their nature, are for the kitchen and drivers will be directed to the delivery zone at the rear entrance of the kitchen.
This reception area will also serve as the reservation center for the retail rental of the training and conference rooms.
Setbacks:
The majority of the street facing frontage of the building is existing, thus moving it back to the 15 foot setback requirement is not possible, however the new portion of the building housing the elevator and stair tower will be pushed back from Prospect Street greater than 15 feet.
Revision: July 10, 2023
Parking:
The Downtown Overlay parking requirements are established by use.
The office uses are set to be 1 space per 333 SF. The equates to approximately 3000 sf of area or 9 parking spaces.
For the residential component, the program requirements of the campus dictate that participants cannot have a vehicle on site. This dramatically reduces the parking required to support the actual use of the program. As such the table designation of hotel appears best suited to the program, this requires 1 parking space per DU, use this factor it has been applied to the number of sleeping units provided. This equates to 18 parking spaces. (18 +9= 27 required spaces) The project provides 29 spaces for vehicles.
Based on this number Bicycle Parking shall be provided at 5% of the total parking, 2 bicycle parking spaces are proposed.
Clean Air Vehicles are required to be 5% of the commercial use required parking spaces. 5% of 9 spaces is 1 space. The project proposes 1 space. Which is included in the total of 29.
BUILDING CODE INFORMATION
General Information:
Size: Approx. 14,500 SF made up of 4 stories of approx. 3,600 SF each.
Intended Occupancy Use:
R-2 occupancy Congregate Residence Dormitory Facility for more than 16 occupants (CBC310.3) including A-3 occupancy Dining with B occupancy Kitchen, Office and Training rooms. Additionally, the adjacent Storage Building would be S-2 Occupancy.
Applicable Codes:
2022 California Building Code.
2022 California Existing Building Code.
2022 California Fire Code.
2022 California Green Code.
And others, currently adopted at time of building permit submission, codes and standards.
Type of Construction:
V-A Fully Sprinklered
Revision: July 10, 2023
Other intended upgrades to the buildings:
All upgrades, new construction and repairs shall be completed based on current codes and standards as adopted at the time of building permit application. Seismic upgrades.
Evaluation and repairs if necessary to the existing retaining walls on site. Replacement and repair of fire or weather damaged building components. New vertical circulation including new elevator and stairway. Abatement of Lead and Asbestos, if any, based on the required Lead and Asbestos survey report.
Replacement or repair of Mechanical, Plumbing and Electrical systems. Compliance with title 24, CalGreen, and Chapter 11-A and B accessibility requirements.
All work shall be in compliance with the compliance agreement between Dream Center and the City of Lake Elsinore dated August 23, 2021.
EXHIBITS
A – Discipleship Program information
B – Leadership Program Information
BIBLIOGRAPHY:
1 “Seventy-five Years of Banking in Lake Elsinore”
La Laguna Revue, March (part 1) and April (Part 2)
1962.
DISCIPLESHIP
“…make DISCIPLES of all nations, baptizing them in the name of the Father and of the Son and of the Holy Spirit, and teaching them to obey everything I have commanded you.” Matthew 28:18-20
EXHIBIT A
What is the Dream Center?
X The Dream Center is a volunteer-driven organization that finds and fills the needs of individuals and families in our community.
X We do this by connecting isolated people to God and a community of support through regular service projects & neighborhood events, promoting freedom from life-controlling issues, offering practical life skills training, and fostering deep spiritual growth.
X We work to meet people where they are at, to bring them hope and a way off the streets, out of poverty,and into self-sufficiency. discipleship
Dream Center’s Mission Statement
We have been called to RESTORE and REBUILD
the PEOPLE and PROPERTY of Lake Elsinore
physically, emotionally, and spiritually.
“Your people will rebuild the ancient ruins
and will raise up the age old foundations;
you will be called Repairer of Broken Walls,
Restorer of Streets with Dwellings.”
Isaiah 58:12
discipleship
Dream Center’s Vision
We see a community of resilient people whose lives
have been redeemed by God’s love.
Much more than examples of God’s power to restore
broken lives… The men, women, and families we
help will go on to share the love they’ve
received, pass on the hope they have been given,
and make transformation possible for others.
discipleship
DISCIPLESHIP
Program
Overview
DC Discipleship Program
Spiritual
Formation
Life
SkillsRecovery
discipleship
SERVICE
Our Discipleship Program freely provides
personalized support, mentorship and
guidance to each participant.
Our goal is to help families and
individuals develop positive social skills,
secure employment and independent
housing, continue in their education and
personal growth, and engage in healthy
community.
A highly structured residential program
designed for radical life transformation
and measurable city IMPACT .
DC Discipleship Goals
X To facilitate a structured environment to
support the following four key objectives:
1) Meet immediate Physical Needs
2) Bring lasting Emotional Healing
3) Equip with transferrable Life Skills
4) Foster deep Spiritual Growth
discipleship
DC Discipleship Process
X Under-resourced people desiring assistance are invited to complete an intake form and background check, a database is kept with all those receiving assistance X An action plan is drafted according to the dreams & desires of each family or individual including a collaboration of local resources available X Candidates are matched with trained mentors to walk with them through a long- term development process based on their personalized action plan X Participants move from immediate assistance to longer-term sustainability as they progress through a variety of life skills and leadership modules *Note: Since we strongly discourage dependence without movement toward self-sufficiency, candidates who choose not to draft an action plan or be connected to a mentor are choosing not to receive ongoing assistance at that time
Initial intake
& assistance
Personalized
action plan
Mentoring
relationship
established
Progress
through
equipping
modules
DISCIPLESHIP
Key Program
Components
DC Discipleship Components
Spiritual
Formation
Biblical, Spiritual,
Leadership
Life
Skills
Physical,
Financial,
Relational
Recovery
Emotional,
Psychological,
Clinical
discipleship
Foundation of Community
SERVICE
Dream Center’s Discipleship Program is a
one-year residential program designed to
support men & women on a pathway from
dependency toward self-sufficiency.
This program is structured to eliminate
distractions so that participants can focus
on building a healthy foundation to rebuild
their lives.
Food, housing, education, and mentorship
are all provided free of charge.
DC Discipleship Components (cont.)
Recovery
X Clinical Outpatient (third party providers only)
X Celebrate Recovery
X 12-Step Studies
X Accountability & Support Groups
X One-on-One Mentoring & Case Management
discipleship
DC Discipleship Components (cont.)
Life Skills Modules
1. Conflict Resolution & Communication Skills
2. Household Management & Personal Finance
3. Job Readiness, Job Options & Opportunities
4. Civic Responsibility & Community Advocacy
5. Family Reunification
6. Leadership
7. Rest
discipleship
DC Discipleship Components (cont.)
Spiritual Formation
X Scripture Memory
X Basic Bible Classes
X Life to the Full / Christian Worldview
X Foundations of Christian Doctrine
X Old Testament & New Testament Survey
X Book of Acts / Church History
X Spiritual Disciplines
X Disciplines of Abstinence
X Solitude, Silence, Fasting, Frugality, Chastity, Secrecy, Sacrifice X Disciplines of Engagement
X Study, Worship, Celebration, Service, Prayer, Fellowship, Confession, Submission discipleship
DC Discipleship Components (cont.)
Foundation of Service
X Adopt-A-Block
X DC Pantry
X Other Weekly Outreaches
X Weekly Worship Services
X Local Church
X Mid-week Celebration
X Daily Responsibilities
X Outside jobs & Gardening
X Household jobs & Projects
discipleship
Other Program Components
X Values-Based Questionnaire
X Shared Housing Application
X Reference & Background Check
X Case Worker File
X With personalized action plan
X Shared Housing Rules
discipleship
DISCIPLESHIP
Program
Calendar
1.1 discipleship
Wk 1-2 Monday Tuesday Wednesday Thurs day Friday Saturday Sunday 7:00 AM Wake-up &
Devotionals
Wake-up &
Devotionals
Wake-up &
Devotionals
Wake-up &
Devotionals
Wake-up &
Devotionals
Wake-up &
Devotionals
Wake-up &
Devotionals
8:00 AM Breakfast Breakfast Breakfast Break fast Breakfast Breakfast Breakfast 9:00 AM Group
prayer/devo
Leave for Clinic Leave for Clinic Leave for Clinic Leave for Clinic 10:00 AM Meet
with
Adopt-A-Block Church Service
11:00 AM Mentor
12:00 PM Lunch Lunch Lunch
1:00 PM Meet with
Mentor
Clinical
Outpatient
Clinical
Outpatient
Clinical
Outpatient
Clinical
Outpatient
2:00 PM Leave for C4LC
Rest Rest
3:00 PM &
Free
&
Free
4:00 PM Time Time
5:00 PM Return & Free
Time
Return & Free
Time
Return & Free
Time
Return & Free
Time
6:00 PM Clinical
Outpatient
Dinner Dinner Dinner Di nner Dinner Dinner
7:00 PM Rest
&
Rest
&
Rest
&W e e k M o v i e
Rest
&
8:00 PM Free
Time
Free
Time
Free
Time
Debrief Night Free
Time
9:00 PM Wind down Wind down Wind down Wind down Wind down Wind down 10:00 PM Lights Out Lights Out Lights Out Light s Out Lights Out Lights Out Lights Out P
R
O
G
R
A
M
S
C
H
E
D
U
L
E
discipleship
Wk 3-6 Monday Tuesday Wednesday Thursday Friday Saturday Sunday 7:00 AM Wake-up &
Devotionals
Wake-up &
Devotionals
Wake-up &
Devotionals
Wake-up &
Devotionals
Wake-up &
Devotionals
Wake-up &
Devotionals
Wake-up &
Devotionals
8:00 AM Breakfast Breakfast Breakfast Break fast Breakfast Breakfast Breakfast 9:00 AM Group
prayer/devo
Leave for Clinic Group
prayer/devo
Leave for Clinic Group
prayer/devo
10:00 AM Meet
with
Outside
jobs
Household
jobs
Adopt-A-Block Church Service
11:00 AM Mentor &
Gardening
&
Projects
12:00 PM Lunch Lunch Lunch Lunch Lunch
1:00 PM Meet with
Mentor
Clinical
Outpatient
1. Conflict Clinical
Outpatient
1. Conflict
2:00 PM
Life
Resolution Resolution Rest
&
Rest
&
3:00 PM to
the
and and Free
Time
Free
Time
4:00 PM Full Communication Communication
5:00 PM Return from
C4LC
Help with
Dinner
Return from
C4LC
Help with
Dinner
Help with
Dinner
Help with
Dinner
6:00 PM Dinner Dinner Dinner Dinner Dinner Dinner
7:00 PM Clinical
Outpatient
Rest
&
Rest
&
Rest
&
Celebrate
Movie
Rest
&
8:00 PM Free
Time
Free
Time
Free
Time
Recovery Night Free
Time
9:00 PM Wind down Wind down Wind down Wind down Wind down Wind down 10:00 PM Lights Out Lights Out Lights Out Light s Out Lights Out Lights Out Lights Out P
R
O
G
R
A
M
S
C
H
E
D
U
L
E
discipleship
Wk 7-16 Monday Tuesday Wednesday Thursday Friday Saturday Sunday 7:00 AM Wake-up &
Devotionals
Wake-up &
Devotionals
Wake-up &
Devotionals
Wake-up &
Devotionals
Wake-up &
Devotionals
Wake-up &
Devotionals
Wake-up &
Devotionals
8:00 AM Breakfast Breakfast Breakfast Break fast Breakfast Breakfast Breakfast 9:00 AM Group
prayer/devo
Leave for Clinic Group
prayer/devo
Leave for Clinic Group
prayer/devo
10:00 AM Meet
with
Outside
jobs
Household
jobs
Adopt-A-Block Church Service
11:00 AM Mentor Clinical
Outpatient
&
Gardening
Clinical
Outpatient
&
Projects
12:00 PM Lunch Lunch Lunch Lunch Lunch
1:00 PM Meet with
Mentor
Return from
Clinic
Return from
Clinic
2:00 PM
Life
Life
Skills
Life
Skills
Rest
&
Rest
&
3:00 PM to
the
Fitness Modules
2 & 3
Fitness Modules
2 & 3
Free
Time
Free
Time
4:00 PM Full
5:00 PM Help with
Dinner
Help with
Dinner
Help with
Dinner
Help with
Dinner
Help with
Dinner
Help with
Dinner
6:00 PM Dinner Dinner Dinner Di nner Dinner Dinner
7:00 PM Clinical
Outpatient
Rest
&
12 Step
Rest
& Celebrate Movie
Rest
&
8:00 PM Free
Time
Study Free
Time
Recovery Night Free
Time
9:00 PM Wind down Wind down Wind down Wind down Wind down Wind down 10:00 PM Lights Out Lights Out Lights Out Light s Out Lights Out Lights Out Lights Out P
R
O
G
R
A
M
S
C
H
E
D
U
L
E
1.1 discipleship
Month
5 - 12
Monday Tuesday Wednesday Thurs day Friday Saturday Sunday 7:00 AM Wake-up &
Devotionals
Wake-up &
Devotionals
Wake-up &
Devotionals
Wake-up &
Devotionals
Wake-up &
Devotionals
Wake-up &
Devotionals
Wake-up &
Devotionals
8:00 AM Breakfast Breakfast Breakfast Break fast Breakfast Breakfast Breakfast 9:00 AM Group
prayer/devo
Group
prayer/devo
Group
prayer/devo
Group
prayer/devo
Group
prayer/devo
10:00 AM Meet
with Community
Outside
jobs Community
Household
jobs
Adopt-A-Block Church Service
11:00 AM Mentor Service &
Gardening
Service &
Projects
12:00 PM Lunch Lunch Lunch Lunch Lunch Lunch Lunch
1:00 PM
Basic
Personal
Basic
Personal
Basic
2:00 PM Bible Bible Bible Rest
&
Rest
&
3:00 PM
Modules
Fitness
Modules
Fitness
Modules
Free
Time
Free
Time
4:00 PM 4-7 4-7 4-7
5:00 PM Help with
Dinner
Help with
Dinner
Help with
Dinner
Help with
Dinner
Help with
Dinner
Help with
Dinner
Help with
Dinner
6:00 PM Dinner Dinner Dinner Dinner Dinner Dinner Dinner 7:00 PM
Life
Rest
&
12 Step
Rest
& Celebrate Movie
Rest
&
8:00 PM Groups Free
Time
Study Free
Time
Recovery Night Free
Time
9:00 PM Wind down Wind down Wind down Wind down Wind down Wind down Wind down 10:00 PM Lights Out Lights Out Lights Out Light s Out Lights Out Lights Out Lights Out P
R
O
G
R
A
M
S
C
H
E
D
U
L
E
Statement of Faith
“We can do all this through Him who gives us
strength.” Philippians 4:13
discipleship
y,//d
ϭϭϰ
WĞĐŬ^ƚƌĞĞƚ͕>ĂŬĞ
ůƐŝŶŽƌĞ͕ϵϮϱϯϬ_ϵϱϭ͘ϯϳϲ͘ϯϳϬϯ_ƌĞĂŵĞŶƚĞƌ>
͘ŽƌŐ_
/HDGHUVKLS6FKRRO
0LQLVWU\PDQXDODQGDSSOLFDWLRQFXUUHQWO\XQGHUGHYHORSPHQW SHORT
TERM
MISSIONS
IF YOU ARE
READY TO
PUSH YOUR
LIMITS
, GROW
YOUR FAITH,
AND USE YOUR
GIFTS AND
ABILITIES TO
MAKE A MARK
ON THE
WORLD
, THE
DREAM
CENTER
SHORT TERM
MISSIONS
The Dream Center of Lake Elsinore launched in October of 2014 as a missional church plant of the Free Methodist
Church of Southern California and as an affiliate of the Los Angeles Dream Center.
Our heart is to restore and rebuild the people and property of Lake Elsinore... physically, emotionally, and spiritually.
We do this by connecting isolated people to God and a
community of support through regular service projects & neighborhood events, promoting freedom from life-
controlling issues, offering practical life skills training, and fostering deep spiritual growth.
We work to meet people where they are at, to bring them hope and a way off the streets, out of poverty, and into self-sufficiency.
We believe that meeting the physical needs of individuals and families on a consistent basis leads to valuable
relationships and a brighter future for our community.
When you come to the Dream Center on a mission trip, you have the opportunity to be a part of many of the life-
changing outreaches that take place daily. From playing with neglected kids in under-resourced neighborhoods, visiting seniors who are isolated and alone, and handing out food and other necessities to those experiencing poverty, you get to play a role in bringing hope and help to the broken of Lake Elsinore.
With the Dream Center Short Term Missions experience, you will work hard, pray loud and return home a different
person. With us, through Jesus, you will have the opportunity to be part of the miracle of restoration in countless lives.
We hope that not only will you be able to see the
transformation in this community, but you will bring home the skills, tools, and a heart for your own community and city.
ABOUT ASSIGNMENTS…
Your team will meet with a Dream Center outreach leader before leaving for the outreach site. This is your time to receive information about the outreach, get to know your leader, ask any questions you may have, and be challenged and inspired.
In the morning and afternoon sessions, your team will participate in various ministries and outreaches as well as times of study and sharing. Depending on the size of your team, you will stay together or split into smaller groups. As you come here to serve alongside us and be a part of impacting people’s lives, you may not be able to choose in what capacity you wish to serve. We always do our best to ensure you have a great experience, but we trust that God will use your gifts and talents in every outreach with which capacity you have the opportunity to serve.
Please keep in mind the Dream Center’s daily operation schedule is subject to change.
A few
areas of service are…
ADOPT-A-BLOCK
Adopt-A-Block is the heartbeat of the Dream Center
where we “find a need & fill it, find a hurt & heal it.” Our goal is to bring hope and change the atmosphere of the
community and our strategy is to meet physical,
tangible needs on a consistent basis, build relationship, and speak into people’s God -given potential.
Volunteers with Adopt -A- Block will have the
opportunity to help with a variety of sites where we have been faithfully serving and building relationships for
many years. This will look like
visiting isolated seniors,
playing with kids from broken homes, picking up trash,
painting,
bringing food to shut-ins, etc.
DREAM CENTER CONSTRUCTION
We have multiple facilities
here at the Dream Center,
and we are always
expanding. Construction is
an ongoing need for us as
we are maximizing our
space and beginning new
ministries. If anyone in your
team has experience in this
area, please let us know.
DC PANTRY
As we seek to see long-term transformation in our
community and want to give a hand up instead of a
handout, we recognize that people’s immediate
physical needs have to
be met before deeper
emotional and spiritual healing can happen. In 1990
a group of churches in Lake Elsinore banded
together to do just this and formed HOPE (Helping
Our People in Elsinore). HOPE has been meeting
needs in our community ever since! HOPE became
a ministry of the Dream Center in 2017. We’re
passionate about seeing the meeting of physical
needs act as an “on
-ramp” to relationship and
community that leads towards self-sufficiency. As
you volunteer here you will be packing and sorting
food, handing out food while caring for our guests,
and other work projects around the facility.
DC ATHLETICS
DC Athletics is a place where we plant seeds of hope,
life, encouragement, perseverance, and love in the
hearts of middle schoolers in our downtown community.
We host a free summer sports league as a response to
the long summers and lack of affordable activity for the youth in our community. There are multiple sports where coaches and mentors pour out their knowledge of the
game as they also love on kids who might never have
heard the phrase, “good job,” “nice kick,” or “w
hat a
shot!” Come ready to play and speak words of life into
kids!
LOVE YOUR CITY TOUR
We believe God loves cities because cities are full
of people! We have a burden and a call to our city
as a mission field so as you serve with us in Lake
Elsinore, we want you to fall in love with this city.
We want you to see the brokenness as well as the
beauty and incredible potential. We will take you
around to our areas of service, the neighborhoods
we are praying to move into, and some unique fun
places in Lake Elsinore! We hope this tour will
also give you eyes of vision about how to
strategically re
ach your own community!
WHAT INCOMING TEAMS NEED TO KNOW…
Cost Involved:
Our Short-Term Missions program is designed to be a one-week mission trip arriving on Sunday evening or Monday morning and departing Saturday after lunch.
TOTAL COST (per person):
Local Church or Dream Center Headquarters: $400
o Your group will need to provide transportation (including gas)
The above pricing options are estimates and vary depending on availability and time-of- year. Please contact our Short-Term Missions Team 3-6 months in advance to coordinate details.
Arrival & Departure:
All teams need to coordinate arrival and check-in with the Short-Term Missions Team to ensure a smooth landing. We are flexible and work to accommodate your team’s schedule. We recommend that teams stay through Saturday Adopt -A-Block for the full
Dream Center experience.
Facilities:
x Breakfast, Lunch, & Dinner Included
x Free Parking
x Office-style kitchenette (microwave, refrigerator, sink, etc. available) Accommodation:
During your stay at the Dream Center, you will stay either at our downtown Headquarters or a local church. You will be sharing a large space and/or classrooms with your group. There are women’s and men’s bathrooms on the premises. Showers will be offered at another location throughout the week. There are no beds available, so please make sure to bring a sleeping pad or air mattress. You will need to pack up your items every morning and keep them in our storage bays
or classrooms so the building
can be utilized during the day. If this is a problem, you may need to find accommodations elsewhere. Unfortunately, we do not offer couple housing or private individual rooms. There’s a possibility WiFi will available on campus, but not guaranteed.
Policies:
x No smoking
x No alcohol
x No drugs
x No weapons
How do I book a trip?
First, contact the Dream Center office at (951) 376-3703 or email [email protected] to check availability on dates. We will confirm dates and contact you to discuss housing options and other details. As soon as everything is confirmed we can complete your booking accordingly. We will write and send you a contract agreement that must be signed and sent back to us along with a first deposit of $100.00 by the requested date on the contract. As soon as we’ve received this, your booking is confirmed, and you are set to come!
Age Policy:
Due to the nature of the program, we must stress that no one under the age of 18 is allowed to attend unless a Parent or Guardian completes Assumption of Risk and Medical Information forms. In addition to this, the Dream Center will not be responsible for overseeing the minors in your group. You will need proper adult supervision for any minors in your group so that our leaders are free to lead the entire team effectively.
Transportation:
We ask that you provide your own transportation while you’re here in Lake Elsinore. You will need transportation to travel to each outreach site. A leader will either provide directions or ride along to navigate.
Dress Code:
While you are here, you are representing the Dream Center and a Christian lifestyle. It is very important that all volunteers/visiting team members dress modestly and in such a way that does not draw attention.
1. No spaghetti straps, midriff, or low-cut tops.
2. No excessively tight-fitting clothes (male & female)
3. Shorts or skirts MUST be at a modest length. Basketball shorts are fine.
4. Closed toe shoes must be worn on outreaches and campus work assignments.
Taking it to the Streets:
Your team will experience several different areas of ministry. At the Dream Center, a typical week will include, outreach ministry, prep work, study, and sharing. Prepare your team to give their testimony and pray with many people. Also, learn some Spanish! How safe is the neighborhood?
Your team will be serving in several of the most impoverished areas of Lake Elsinore.
This is not a reality we engage with fear, however, we do practice wisdom. We ask that you follow our “two-adult rule.” This means you are never out in the community alone but instead have at least two adults in your group. During outreaches, you and your team will be accompanied by experienced Dream Center leaders that know the community well. They are there to guide and protect you and will follow the same rules.
Who should I bring on the missions trip?
Bring people who are spiritually, physically, and emotionally ready for this kind of urban ministry. Even if they may not seem ready, this trip could be an eye-opener for teens or young adults who are in a dry season.
What kind of teams can I bring?
We feel tremendously blessed to have you! Bring adult, youth, or mixed teams; everybody’s welcome and we will do our best to set up a schedule that suits your group.
Do we get to pick which ministries we will be doing?
The Short-Term Missions crew will do their absolute best to give you a great Dream Center experience, but you will always work alongside us wherever we have the need. If you have a preference, please let us know and we’ll do our best to accommodate.
How should I prepare my team for the mission trip?
1. Pray! Pray, pray, pray! Pray for your team, for the Dream Center, and for the people in this community.
2. Watch and discuss the first 5 short-term missions videos by The Chalmers Center at: www.chalmers.org/resources/short-term-missions-participants-guide/ (you will the final Chalmers video [unit 8] when you get home)
3. Explain to your group the kind of people they will meet and minister to, go through the rules and information and make sure they’re ready for a challenging, stretching, and amazing week.
What are the meals like?
We will be serving breakfast, lunch, and dinner daily. Meals will be a mix of catered meals, visits to local restaurants, and packed lunches. If you’re staying at one of the hotels, you will likely eat the provided continental breakfast before you head out to your sites. Unfortunately, we won’t be able to accommodate those with special diet requests. so please bring a supply of your own food if that applies to you (we will provide space in the refrigerator for your food).
Will there be any free time?
Yes, you will have free time! The specific times depend on the schedule your team works out with us. You will have free time to relax, explore, hang out and play sports at the lakefront. You will also have some time outside of Lake Elsinore to explore some “Southern California” tourist attractions!
Packing List:
Personal Hygiene Items
Daily Clothing – Shorts (please make sure they are a modest length), jeans, light sweatshirt or jacket (it may get cold at night), t-shirts, modest pajamas, modest swimsuit, closed toe shoes, flip flops for the shower and beach.
Water Shoes for the Beach
Shower towel, beach towel, sleeping bag, pillow, sleeping pad/mattress Bible, pen, and notebook – You will have the opportunity to participate in times of study and sharing. Remember that you will also have down time during your stay.
You can use these times for reflection, journaling, devotion, etc. This is your chance to really connect with God and your team on a spiritual level.
Spending Money – you will have multiple opportunities to buy snacks or souvenirs (there’s an ice-cream shop around the corner from our Headquarters!) Donations— Hygiene & Household Items, Non-perishable food, and anything else you would like to donate.
Willing hearts – Be prepared to give of yourself and serve others Are there any dates you don’t accept teams/individuals? We are unable to accept teams during Thanksgiving week and the last two weeks of December, as we like to give our staff/volunteers time off to visit with their families. We have events before breaks, such as our holiday giveaways. These events take place the weekend prior to the holidays. Also, if you plan to come during a holiday like Good Friday or Independence Day, be aware that we normally give our full time volunteers the day off.
*PLEASE NOTE – For spring/summer mission trips, you’ll want to sign-up 8-12 months in advance. If it is closer to the date, give us a call and we will do our best to accommodate you!
TENTATIVE SCHEDULE
Sunday (check-in day)
8:00pm – Arrive at the Dream Center
8:30pm – Introduction & Welcome
Monday
7:00am-8:00am – Breakfast
8:00am-8:30am – Morning Reflection
9:00am-1:00pm – Ministry
Assignments
1:00pm-2:00pm – Lunch Break
2:30pm-5:00pm – Free Time &
Showers
5:00pm-6:00pm – Dinner
6:00pm-8:00pm – Evening Session
10:00pm – Lights Out
Tuesday
7:00am-8:00am – Breakfast
8:00am-8:30am – Morning Reflection
9:00am-1:00pm – Ministry
Assignments
1:00pm-2:00pm – Lunch Break
2:30pm-5:00pm – Free Time &
Showers
5:00pm-6:00pm – Dinner
6:00pm-8:00pm – Evening Session
10:00pm – Lights Out
Wednesday
7:00am-8:00am – Breakfast
8:00am-8:30am – Morning Reflection
9:00am-1:00pm – Ministry
Assignments
1:00pm-2:00pm – Lunch Break
2:30pm-5:00pm – Free Time &
Showers
5:00pm-6:00pm – Dinner
6:00pm-8:00pm – Evening Session
10:00pm – Lights Out
Thursday
7:00am-8:00am – Breakfast
8:00am-8:30am – Morning Reflection
9:00am-1:00pm – Ministry
Assignments
1:00pm-3:00pm – Drive to Dream
Center Los Angeles (eat packed lunch
on the road)
3:00pm-4:00pm – Dream Center Los
Angeles Tour
4:30pm-5:30pm – Dinner at DCLA
Diner
5:30pm – Drive to Angelus Temple &
Find Parking
6:00pm-7:00pm – Walk Echo Park &
Find Seating at Service
7:00pm – Service at Angelus Temple
Friday
8:30am-9:30am – Breakfast
9:30am-10:00am – Morning Reflection
10:00am-11:00am – Head to Doheny
State Beach
11:00am- 5:00pm – Day at the Beach!
5:00pm-7pm – Dinner, Worship, and
Teaching at the Beach
7:00pm – Head back to Lake Elsinore
10:00pm – Lights Out
Saturday (check out day)
9:15am-12:00pm – Adopt-A-Block
(includes prayer & breakfast)
12:30pm-2:00pm – Lunch & Debrief
2:00pm – Head Home
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Lake Elsinore, California, will hold a Public Hearing on January 16, 2024, at the Lake Elsinore Cultural Center, 183 North Main Street, Lake Elsinore, California, 92530, at 6:00 p.m., or as soon thereafter as the matter may be heard, to consider the following:
Planning Application No. 2022-02 (Dream Center Discipleship): A request by Brett Masters, Dream Center Lake Elsinore requesting approval of a Commercial Design Review (CDR No. 2022- 14) to remodel an existing 14,565 sq. ft. four-story building with a 2,087 sq. ft. addition (16,652 sq. ft. total) and a 3,906 sq. ft. storage building, as a new congregate living and educational facility with conference rooms, a 1,358 sq. ft. dining room and kitchen area/retail commercial restaurant, and a Conditional Use Permit (CUP No. 2022-21) to establish and operate a congregate living and educational use for a total of 60 occupants on a 0.85-acre site in the Downtown Elsinore Specific Plan (DESP). The project site is located southeast corner of Main Street and Prospect Street, more specifically 164 and 184 South Main Street (APNs: 373-153-041 and 373-153-039).
The proposed Project is exempt from the California Environmental Quality Act (Cal. Pub. Res.
Code §§21000 et seq.: “CEQA”) and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to CEQA Guidelines Section 15301 Existing Facilities.
ALL INTERESTED PERSONS are invited to submit written information, express opinions or otherwise submit written evidence by email to [email protected].
If you wish to legally challenge any action taken by the City on the above matter, you may be limited to raising only those issues you or someone else at the Public Hearing described in this notice, or in written correspondence delivered to the City prior to or at the Public Hearing. If you require accommodation to participate in a Public Hearing, please contact the Administrative Secretary at (951) 674-3124 ext. 297. All Agenda materials are available for review on the City’s website at www.lake-elsinore.org the Friday before the Public Hearing.
FURTHER INFORMATION on this item may be obtained by contacting Damaris Abraham, Assistant Community Development Director in the Planning Division at dabraham@lake- elsinore.org or (951) 674-3124, ext. 913.
Damaris Abraham
Assistant Community Development Director
PC NOPH PA 2022-02 (Dream Center Discipleship - Page 1 of 1 The Press-Enterprise
3512 14 Street
Riverside, California 92501
(951) 368-9229
City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92530
Publication: The Press-Enterprise
PROOF OF PUBLICATION OF
Ad Desc: 0011640883
FILE NO. 0011640883
PROOF OF PUBLICATION
I am a citizen of the United States. I
am over the age of eighteen years and
not party to or interested in the above-
entitled matter. I am an authorized
representative of THE PRESS-
ENTERPRISE, a newspaper of general
circulation, printed and published daily
in the County of Riverside, and which
newspaper has been adjudicated a
newspaper of general circulation by the
Superior Court of the County of
Riverside, State of California, under
date of April 25, 1952, Case Number
54446, under date of March 29, 1957,
Case Number 65673, under date of
August 25, 1995, Case Number
267864, and under date of September
16, 2013, Case Number RIC 1309013;
that the notice, of which the annexed is
a printed copy, has been published in
said newspaper in accordance with the
instructions of the person(s) requesting
publication, and not in any supplement
thereof on the following dates, to wit:
01/06/2024
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.
Date: January 6, 2024.
At: Riverside, California
______________________________
Signature
_______________________________________ __________________ ________
&ƌŽŵ͗ĞŶŝƐĞ^ƚƵƌŵфƐƚƵƌŵĚĞŶŝƐĞϯϭϲΛŐŵĂŝů͘ĐŽŵх
^ĞŶƚ͗tĞĚŶĞƐĚĂLJ͕:ĂŶƵĂƌLJϭϳ͕ϮϬϮϰϴ͗ϬϰD
dŽ͗:ĂƐŽŶ^ŝŵƉƐŽŶфũƐŝŵƉƐŽŶΛ>ĂŬĞͲ
ůƐŝŶŽƌĞ͘ŽƌŐх
^ƵďũĞĐƚ͗
džƚĞƌŶĂůƌĞĂŵĞŶƚĞƌŵďĂƐƐĂĚŽƌ,ŽƚĞůŝŶ>ĂŬĞ
ůƐŝŶŽƌĞ
+L-DVRQ
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
'HQLVH6WXUP
,)7+,6(0$,/6+28/'*2727+(3/$11,1*&200,77((&$1<283/($6()25:$5' 0HVVDJHIURPH[WHUQDOVHQGHU8VH&DXWLRQ
)URP
PYDUJDV#\DKRRFRP
6HQW
:HGQHVGD\-DQXDU\
30
7R
'DPDULV$EUDKDP
&DQGLFH$OYDUH]
6XEMHFW
>([WHUQDO@$PEDVVDGRU3URMHFW
'HDU3ODQQLQJ&RPPLVVLRQ
,DPDUHVLGHQWRI/DNH(OVLQRUH,DPYHU\FRQFHUQHGDERXWWKHSURSRVHG$PEDVVDGRU3URMHFWRQ PDLQVWUHHW0DLQVWUHHWVKRXOGEHDVDIHSODFHZKHUHIDPLOLHVFDQYLVLWZLWKRXWIHDURUDQ[LHW\
0DLQ6WUHHWLVQRWWKHSODFHIRUWKLVW\SHRISODFH,WEHORQJVRIIRIPDLQVWUHHW1RWLQRXUEXVLQHVV FHQWHUQH[WWRWKHQHZFLW\KDOO
7KLQNRIKRZIDU/DNH(OVLQRUHKDVFRPH/HW
VQRWLPSHGHWKDWSURJUHVV
,NLQGO\DVN\RXWRGHQ\WKLVSURMHFWIURPPRYLQJIRUZDUG 7KDQN\RX
0LFKHOOH
/DNH(OVLQRUH
0HVVDJHIURPH[WHUQDOVHQGHU8VH&DXWLRQ
&ƌŽŵ͗ĚĂǀĞũĂLJϳϱΛĂŽů͘ĐŽŵ фĚĂǀĞũĂLJϳϱΛĂŽů͘ĐŽŵх
^ĞŶƚ͗dŚƵƌƐĚĂLJ͕:ĂŶƵĂƌLJϮϱ͕ϮϬϮϰϵ͗ϯϱD
dŽ͗ĂŶĚŝĐĞůǀĂƌĞnjфĐĂůǀĂƌĞnjΛ>ĂŬĞͲ
ůƐŝŶŽƌĞ͘ŽƌŐх͖DŝŬĞĂƌƌŽůůͲŽŶƚĂĐƚфŵŝĐŚĂĞůĐĂƌƌŽůůϭϳΛŐŵĂŝů͘ĐŽŵх͖:ŽŚŶ'ƌĂLJ фũŐƌĂLJΛ>ĂŬĞͲ
ůƐŝŶŽƌĞ͘ŽƌŐх͖:ŽĚŝWĞƚĞƌƐͲŽŶƚĂĐƚф:ŽĚŝĂŶĚEŽƌŵΛŵƐŶ͘ĐŽŵх ^ƵďũĞĐƚ͗
džƚĞƌŶĂůŵďĂƐƐĂĚŽƌ&ĂĐŝůŝƚLJ
'HDU+RQRUDEOH3ODQQLQJ&RPPLVVLRQHUV
,DPNLQGO\DVNLQJ\RXWR5(-(&7WKHSURSRVHG$PEDVVDGRUSURMHFWIRUPDLQVWUHHW,DPVR GLVDSSRLQWHGLQWKH'UHDP&HQWHUIRUSURSRVLQJWKLVSURMHFWRQPDLQVWUHHWQH[WWREXVLQHVVHV7KLV VKRXOGEHDSODFHIRUIDPLOLHVWRFRPHDQGVKRSGLQHDQGSOD\
,KDYHUHDFKHGRXWWRWKH'UHDP&HQWHUDQGHQFRXUDJHGWKHPWREXLOGWKHLUIDFLOLW\RIIRIPDLQVWUHHW ZKHUHLWLVEHWWHUVXLWHG1RWQHDUWKHEXVLQHVVFRPPXQLW\3OHDVHWKLQNRIDOOWKHUHVLGHQWVZKR ZRXOGEHDSSDOOHGDWWKLVLIWKH\NQHZDERXWLW3OHDVHHQFRXUDJHWKHPWREXLOGHOVHZKHUH
,OHDUQHGWKH&LW\PDGHWKHPDQRIIHUIRUSURSHUW\RIIRIPDLQVWUHHWDQGWKH'UHDP&HQWHUGLGQ WHYHQ
FRQVLGHULW7KDWLVYHU\XQIRUWXQDWH
,ZRQ
WEHDEOHWRPDNHLWWRWKHPHHWLQJGXHWRIDPLO\WUDYHOEXW,ZRXOGOLNHP\WKRXJKWVUHIOHFWHG 7KDQN\RX
'DYH
0HVVDJHIURPH[WHUQDOVHQGHU8VH&DXWLRQ
1 From: JENNIFER JACKSON <[email protected]>
Sent: Tuesday, February 6, 2024 2:20 PM
To: Candice Alvarez <[email protected]>
Subject: [External]Opposition of Dream Center/ Unable to Attend Meeting Tonight
Dear Planning Commission and/or City Council Members,
I am writing to express my concerns regarding the proposed establishment of a Dream Center Homeless Shelter/Training Center on Main Street in our downtown area. I have lived in Lake Elsinore for over 20 years and have worked and served in our city for most of that time. I raised my children here and love my city. While I understand the importance of providing assistance and support to those experiencing homelessness, I believe that locating a shelter in the heart of our downtown district is not conducive to the vision we have for our community. I understand that it is not being proposed as a shelter, but why would they need to house people if it weren’t?
Lake Elsinore's downtown area can serve as a vibrant hub for local businesses, shops, restaurants, and a gathering place for families and visitors. It should be a place where people can come together to enjoy the unique charm and atmosphere of our city. Introducing a homeless shelter on Main
Street could potentially deter visitors and families from frequenting the area, thereby undermining the economic vitality and vibrancy of our downtown district.
I believe wholeheartedly in the importance of compassion and support for our homeless community, and I do believe we should be committed to finding solutions that honor their dignity and well-being. I have been to the Dream Center in Los Angeles and while I see the value in the program, I also believe that we owe it to our downtown community to carefully consider the implications of this decision and explore alternative locations that can meet the needs of the homeless population while preserving the vitality and charm of our downtown area.
I urge the City of Lake Elsinore to reconsider the requested location of the Dream Center and explore alternative sites that are more appropriate for such facilities. By doing so, we can ensure that our downtown area remains a thriving destination for residents, businesses, and visitors, while also fulfilling our commitment to addressing the needs of the homeless population in our community.
Thank you for considering my concerns. I look forward to your thoughtful deliberation on this matter and remain hopeful for a solution that benefits all members of our community.
Sincerely,
Jen Jackson
951-805-0502
34093 Agaliya Court
Lake Elsinore, CA 92532
Message from external sender. Use Caution.
From: Tim Fleming <[email protected]>
Sent: Tuesday, February 6, 2024 4:46 PM
To: Dunelle Longoria <[email protected]>
Subject: [External]Planning Commission, Public Hearing Item #2
Commissioners/City Staff
I am a long time resident of Lake Elsinore.
For the past thirty years, the AKA Ambassador Hotel, has been vacant. For “one” reason: Too expensive to earthquake retrofit the structure.
This is the main comment I would like to make at this time.
Respectfully,
Tim Fleming
Sent from Mail for Windows
1 Message from external sender. Use Caution.
1 From: ishmel topete <[email protected]>
Sent: Wednesday, February 7, 2024 12:57:17 PM
To: Robert Magee <[email protected]>
Subject: [External]To who it may concern
Message from external sender. Use Caution.
ڬStop the Dream Center Project: Preserve Our Community's Identity!ڬ hello Bob !ػI wanted to raise an important concern that has been on my mind lately. It's about the proposed Dream Center Project that's been making waves in our community. I strongly believe that we should unite to stand against this project and protect the unique character of ourbeloved neighborhood. Let me explain why:
1⃣ Loss of Cultural Heritage: Our community has a rich history and a distinct cultural identity that we should cherish and preserve. Introducing a massive project like the Dream Center might result in the erasure of our unique heritage, replacing it with a generic, soulless development. Our local businesses, art, and traditions could be overshadowed by this project, leaving us with nothing but a generic, homogenous landscape. 2⃣ Environmental Concerns: The Dream Center Project, if approved, would undoubtedly have a significant impact on our environment. Increased traffic congestion, excessive noise, and pollution are just some of the potential consequences.
Our green spaces, parks, and clean air are invaluable assets that contribute to our quality of life. Let's not sacrifice them for the sake of a project that may not align with our community's core values. 3⃣ Displacement of Residents: Unfortunately, large-scale developments often come at the expense of the most vulnerable members of our community. The Dream Center Project could potentially displace long-time residents, forcing them out of their homes and disrupting their lives. We must prioritize the well-being and livelihoods of our neighbors, ensuring that they can continue to call this community home. 4⃣ Unsustainable Growth: While development can be positive and necessary for progress, it must be done responsibly.
The Dream Center Project seems to prioritize financial gains over the long-term sustainability of our community. We should encourage developments that align with our community's needs and values, rather than blindly accepting projects that may ultimately harm our quality of life.
Let's come together as a united front to protect our community's identity! We have the power to make our voices heard and influence the decision-making process. Reach out to your local representatives, attend community meetings, and engage in conversations with your neighbors to spread awareness about the potential negative impact of the Dream Center Project. Together, we can preserve the unique character of our neighborhood and ensure a brighter future for all.
Sincerely, from Miguel topete & Ishmel Topete
Sent from my iPhone
ȋȌ Ǥ
Ǥ
11)
Bunny Trunk Hop Road Closure
Approve the road closure for the Bunny Trunk Hop event on Saturday, March 30, 2024.
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Johnathan Oliver Skinner, Director of Community Services Date:February 27, 2024
Subject:Bunny Trunk Hop Road Closure
Recommendation
Approve the road closure for the Bunny Trunk Hop event on Saturday, March 30, 2024.
Background
The Community Services Department is excited to bring back the highly successful Bunny Trunk Hop to Historic Main Street. Last year we added a unique and fun twist on kids gathering eggs by integrating a trunk or treat. Local groups and businesses came out in support in full force, decorating their car trunks with spring themed decorations where thousands of children walked from one decorated car to another, collecting candy and treats. The event provided a great opportunity for the community to come together and enjoy the start of the spring season. The event supported local businesses, promoted the downtown area, and provided a fun and family- friendly experience for residents.
Discussion
The 2024 Bunny Trunk Hop is planned to take place on Main Street in Downtown Lake Elsinore from 10:00 a.m. to 1:00 p.m. The Community Services Department, Public Works Department, and Sheriff’s Department will coordinate resources to ensure public safety. As a result, staff is recommending street closures Main Street between Peck and Limited as detailed in Exhibit A. It is recommended that these street closures remain in place from 8:00 a.m. to 3:30 p.m. The street closures will be enforced by Law Enforcement personnel.
Bunny Trunk Hop Road Closure
1 0
1 9
Fiscal Impact
Costs for City personnel staffing will be accommodated via the Community Services fiscal budget.
Attachments
Attachment 1 - Bunny Trunk Hop Street Closures
LEGEND
Open Roadway (Detour Route)
Road Closure
DJ
Food Vendors
Restrooms
Exhibit A - Bunny Trunk Hop Street Closure
12)
Agreement with ESi Acquisition, Inc. for a WebEOC Subscription Approve and authorize the City Manager to execute an agreement with ESi Acquisition, Inc. for a WebEOC subscription in an amount not to exceed $186,861.43 and in such final form as approved by the City Attorney, and authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $18,686.14 for unanticipated costs.
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Ralph Mesa Jr, Emergency Services Manager
Date:February 27, 2024
Subject:Agreement with ESi Acquisition, Inc. for a WebEOC Subscription Recommendation
Approve and authorize the City Manager to execute an agreement with ESi Acquisition, Inc. for a WebEOC subscription in an amount not to exceed $186,861.43 and in such final form as approved by the City Attorney, and authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $18,686.14 for unanticipated costs.
Background
The City hired an Emergency Manager to lead preparedness for emergency and disaster situations that can impact the City, residents, and businesses. As the program developed, it was identified that a Crisis Information Management System (CIMS) was necessary to support resource and information management within the City’s Emergency Operations Center. After evaluation, staff identified WebEOC software as the most appropriate solution for the City’s needs.
WebEOC is also used by numerous regional agencies, including Riverside, San Bernardino, San Diego, Orange Counties, and the Cities of Riverside, Moreno Valley, Ontario, and Rancho Cucamonga. WebEOC improves the City’s ability to share information with the County and coordinate regional responses with neighboring jurisdictions.
Agreement with Esi Acquisition, Inc.
Discussion
WebEOC improves the City’s ability to implement emergency management processes within the Emergency Operations Center. This software improves the ability to collect information, visualize and understand impacts, and communicate information with stakeholders. Additionally, WebEOC provides tools that support ongoing emergency management program needs such as plan development, staff qualification, training management, and after-action reporting and improvement planning.
Fiscal Impact
Funds have been budgeted in the FY23-24 Internal Service Fund.
Attachments
Attachment 1 - Quote
Attachment 2 - ESi Agreement
Juvare Contact
Bryan Hovde
(714) 986-6545
[email protected]
When you send in a Purchase Order for the items below,
THE PURCHASE ORDER MUST INCLUDE THE
QUOTE NUMBER & QUOTE DATE TO BE ACCEPTED
Quote Number: Q-12811 Quote Date: 2/1/2024
Quote for: City of Lake Elsinore - WebEOC
Bundle - 5 Year
Quote Expires: 3/31/2024
Quote To: Ship To:
City of Lake Elsinore City of Lake Elsinore
130 S Main St
Lake Elsinore, California 92530
130 S Main St
Lake Elsinore, California 92530
Quote Contact:
Ralph Mesa, Emergency Manager
[email protected] | 951-805-3699
Thank you for your support of Juvare products and services! When you are ready to proceed with a Purchase Order:
• Address all Purchase Orders to ESi Acquisition, Inc., 235 Peachtree Street NE, Suite 2300, Atlanta, Georgia 30303.
• The terms and conditions of the master agreement by and between Juvare, LLC (or the above affiliate) and the Client, as set forth in the applicable master agreement, shall govern and control this Quote and all services, products and deliverables provided pursuant to this Quote. Any terms and conditions in the purchase order that attempt to add, change, remove or otherwise modify terms and conditions set forth in such master agreement shall not be effective unless and until signed in a written amendment by and between the parties to the master agreement. Any such modifications via a purchase order shall be deemed null and void. • Quotes issued in US Dollars and are exclusive of applicable taxes and travel expenses.
Items not manufactured by Juvare are subject to change. Substitutes will be provided for customer consideration and approval.
ESi Acquisition, Inc., a Juvare Company
235 Peachtree Street NE, Suite 2300, Atlanta, Georgia 30303 | Phone: 866.200.0165 © Juvare, LLC. Proprietary and Confidential.
Juvare Contact
Bryan Hovde
(714) 986-6545
[email protected]
Year 1
ITEM NUMBER DESCRIPTION SALES PRICE QTY TOTAL PRICE
100-WEB-B WebEOC Subscription 50 Users
Juvare Hosted WebEOC Includes: Juvare Exchange,
Single Sign On, Maps, Board Data Manager,
Dashboards, User Importer, (1) hosted Non-production
instance, and Premium Board Subscription.
$20,400.00 1.00 $20,400.00
101-S-DSP-1 WebEOC DesignStudio Pro
Includes 5 user licenses and DesignStudio Forms
for public form submissions. Includes 50,000 form
submissions. Additional form submissions can be
purchased 100,000 submissions for $1,500.
$6,000.00 1.00 $6,000.00
101-S-PEAB-1 WebEOC Alerts
Enables SMS, voice calling, and unlimited webhook
connections. Includes 100,000 message credits. 1
message credit = 1 SMS message (up to 160 characters
or 1 voice minute. Overages are billed at $0.06 per
message credit.
$3,000.00 1.00 $3,000.00
702-P-ESSENTIAL Professional Services - WebEOC Enhancements Package - Essential
$16,000.00 1.00 $16,000.00
700-P-SCP-1 Professional Services - Service Credit Hours (WebEOC) $250.00 10.00 $2,500.00 702-T-
BOOTCAMP
Training Center - WebEOC Virtual Bootcamp Training -
New Implementation Clients (1 Seat)
$1,500.00 1.00 $1,500.00
Year 1 Total: $49,400.00
Year 2
ITEM NUMBER DESCRIPTION SALES PRICE QTY TOTAL PRICE
100-WEB-B WebEOC Subscription 50 Users
Juvare Hosted WebEOC Includes: Juvare Exchange,
Single Sign On, Maps, Board Data Manager,
Dashboards, User Importer, (1) hosted Non-production
instance, and Premium Board Subscription.
$21,012.00 1.00 $21,012.00
101-S-DSP-1 WebEOC DesignStudio Pro
Includes 5 user licenses and DesignStudio Forms
for public form submissions. Includes 50,000 form
submissions. Additional form submissions can be
purchased 100,000 submissions for $1,500.
$6,180.00 1.00 $6,180.00
101-S-PEAB-1 WebEOC Alerts
Enables SMS, voice calling, and unlimited webhook
connections. Includes 100,000 message credits. 1
message credit = 1 SMS message (up to 160 characters
or 1 voice minute. Overages are billed at $0.06 per
message credit.
$3,090.00 1.00 $3,090.00
ESi Acquisition, Inc., a Juvare Company
235 Peachtree Street NE, Suite 2300, Atlanta, Georgia 30303 | Phone: 866.200.0165 © Juvare, LLC. Proprietary and Confidential.
Juvare Contact
Bryan Hovde
(714) 986-6545
[email protected]
ITEM NUMBER DESCRIPTION SALES PRICE QTY TOTAL PRICE
700-P-SCP-1 Professional Services - Service Credit Hours (WebEOC) $257.50 10.00 $2,575.00 Year 2 Total: $32,857.00
Year 3
ITEM NUMBER DESCRIPTION SALES PRICE QTY TOTAL PRICE
100-WEB-B WebEOC Subscription 50 Users
Juvare Hosted WebEOC Includes: Juvare Exchange,
Single Sign On, Maps, Board Data Manager,
Dashboards, User Importer, (1) hosted Non-production
instance, and Premium Board Subscription.
$21,642.36 1.00 $21,642.36
101-S-DSP-1 WebEOC DesignStudio Pro
Includes 5 user licenses and DesignStudio Forms
for public form submissions. Includes 50,000 form
submissions. Additional form submissions can be
purchased 100,000 submissions for $1,500.
$6,365.40 1.00 $6,365.40
101-S-PEAB-1 WebEOC Alerts
Enables SMS, voice calling, and unlimited webhook
connections. Includes 100,000 message credits. 1
message credit = 1 SMS message (up to 160 characters
or 1 voice minute. Overages are billed at $0.06 per
message credit.
$3,182.70 1.00 $3,182.70
700-P-SCP-1 Professional Services - Service Credit Hours (WebEOC) $265.23 10.00 $2,652.25 Year 3 Total: $33,842.71
Year 4
ITEM NUMBER DESCRIPTION SALES PRICE QTY TOTAL PRICE
100-WEB-B WebEOC Subscription 50 Users
Juvare Hosted WebEOC Includes: Juvare Exchange,
Single Sign On, Maps, Board Data Manager,
Dashboards, User Importer, (1) hosted Non-production
instance, and Premium Board Subscription.
$22,291.63 1.00 $22,291.63
101-S-DSP-1 WebEOC DesignStudio Pro
Includes 5 user licenses and DesignStudio Forms
for public form submissions. Includes 50,000 form
submissions. Additional form submissions can be
purchased 100,000 submissions for $1,500.
$6,556.36 1.00 $6,556.36
ESi Acquisition, Inc., a Juvare Company
235 Peachtree Street NE, Suite 2300, Atlanta, Georgia 30303 | Phone: 866.200.0165 © Juvare, LLC. Proprietary and Confidential.
Juvare Contact
Bryan Hovde
(714) 986-6545
[email protected]
ITEM NUMBER DESCRIPTION SALES PRICE QTY TOTAL PRICE
101-S-PEAB-1 WebEOC Alerts
Enables SMS, voice calling, and unlimited webhook
connections. Includes 100,000 message credits. 1
message credit = 1 SMS message (up to 160 characters
or 1 voice minute. Overages are billed at $0.06 per
message credit.
$3,278.18 1.00 $3,278.18
700-P-SCP-1 Professional Services - Service Credit Hours (WebEOC) $273.18 10.00 $2,731.82 Year 4 Total: $34,857.99
Year 5
ITEM NUMBER DESCRIPTION SALES PRICE QTY TOTAL PRICE
100-WEB-B WebEOC Subscription 50 Users
Juvare Hosted WebEOC Includes: Juvare Exchange,
Single Sign On, Maps, Board Data Manager,
Dashboards, User Importer, (1) hosted Non-production
instance, and Premium Board Subscription.
$22,960.38 1.00 $22,960.38
101-S-DSP-1 WebEOC DesignStudio Pro
Includes 5 user licenses and DesignStudio Forms
for public form submissions. Includes 50,000 form
submissions. Additional form submissions can be
purchased 100,000 submissions for $1,500.
$6,753.05 1.00 $6,753.05
101-S-PEAB-1 WebEOC Alerts
Enables SMS, voice calling, and unlimited webhook
connections. Includes 100,000 message credits. 1
message credit = 1 SMS message (up to 160 characters
or 1 voice minute. Overages are billed at $0.06 per
message credit.
$3,376.53 1.00 $3,376.53
700-P-SCP-1 Professional Services - Service Credit Hours (WebEOC) $281.38 10.00 $2,813.77 Year 5 Total: $35,903.73
Contract Total
*plus applicable taxes
USD 186,861.43
Additional Disclaimer
Work cannot be started and dates for services cannot be secured until the applicable initial payment or purchase order has been received. Pricing contained herein is based on configuration outlined above. Some items may not be sold separately. Pricing is valid until the expiration date set forth above.
ESi Acquisition, Inc., a Juvare Company
235 Peachtree Street NE, Suite 2300, Atlanta, Georgia 30303 | Phone: 866.200.0165 © Juvare, LLC. Proprietary and Confidential.
Juvare Contact
Bryan Hovde
(714) 986-6545
[email protected]
If the "Bill To" entity above is tax-exempt, such entity shall be responsible for providing all necessary documentation to show such tax-exempt status.
Estimated amounts for Pre-Paid Travel Expenses are for informational purposes only; all Travel Expenses incurred by Juvare or its affiliate shall be invoiced to and paid by Client.
When you send in a Purchase Order (PO) for the items above, THE PURCHASE ORDER MUST INCLUDE THE QUOTE NUMBER & QUOTE DATE TO BE ACCEPTED.
We look forward to working with you and your staff!
ESi Acquisition, Inc., a Juvare Company
235 Peachtree Street NE, Suite 2300, Atlanta, Georgia 30303 | Phone: 866.200.0165 © Juvare, LLC. Proprietary and Confidential.
Confidential and Proprietary
ESi+temp_662FC4.docx Page 1 of 35
WebEOC Subscription Agreement (Hosted Implementation)
This WebEOC Subscription Agreement (the “Agreement”), effective this ____ day of _______________ 2024 (“Effective Date”), is made by and between ESi Acquisition, Inc. (“ESi”), a Delaware corporation with its principal place of business located at 235 Peachtree Street NE, Suite 2300, Atlanta, Georgia 30303 and City of Lake Elsinore, California (CA) (“Client”), a State of California, city government agency, having its principal place of business located at 130 South Main Street, Lake Elsinore, CA 92530. ESi and Client may individually be referred to as a “Party” herein, or the “Parties” collectively.
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1.Agreement. This is a Software-as-a-Service (“SaaS”) based subscription agreement and not an agreement for sale. As of the Effective Date of this Agreement, this Agreement covers the WebEOC® Software Subscription and services (including Support Services) that Client purchases from ESi as a provider of Hosted/hosting services for the Software governed by this Agreement (“Services”) pursuant to Exhibits, Orders and Quotes hereto that are executed and/or agreed upon by both parties and expressly references this Agreement. This Agreement and all applicable Exhibits, Orders and Quotes hereto for Services and any attachments hereto and thereto are the complete agreement regarding ESi’s Services hereunder and replace any prior oral or written communications between Client and ESi relating to such transactions. Client agrees that purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by ESi regarding future functionality or features.
2. Definitions. Unless otherwise specifically stated in this Agreement or in any Exhibit or Quote hereto, the capitalized terms used in this Agreement shall have the meanings set forth below:
2.1“Administrator” means an employee, officer, director or consultant of Client to whom Client has provided a user account and certain rights to administer the Software on behalf of Client.
2.2“Active User” means a User that has logged in to the Software at any time, for any period of time, within any given calendar month.
2.3“Affiliate” means an entity that controls, is controlled by, or is under common control with a party hereto.
2.4“Client Data” means data input by Client or its authorized Users into the Software.
2.5“Confidential Information” means as set forth in Section 8 to this Agreement.
2.6“Consulting Services” means all the professional services for installation or implementation of Hosted Services or Software, training services, or other non-recurring services as set forth on Exhibit E (as applicable) hereto; Consulting Services do not include Hosted Services or Support Services.
2.7"Derivative Work(s)" means the work based on or derived from or modifications, enhancements or other functional extensions of the Software.
2.8“Documentation” means the user manuals, requirements, specifications, training materials, and any other documents, materials, information or guidance, whether supplied as printed material or in electronic form, provided by ESi in conjunction with the purchase, training, use, technical support or update of the Software and Services provided hereunder.
2.9“Fee” means the amounts due and payable by Client to ESi for the Subscription and Services pursuant to this Agreement; the Fee may be set forth on Exhibit C, as amended from time to time, to this Agreement or Quotes or Orders.
2.10“Hosted Services” means as set forth in Exhibit D to this Agreement.
2.11“Hosted System” means as set forth in Exhibit D to this Agreement.
2.12“Installation” of the Software shall be deemed to be complete on the sooner to occur of (i) the day that the Software is available for production, (ii) the date of Client’s first use of the Software in a live production environment, or (iii) 90 days following the date of Client’s execution of this Agreement (or if for an amendment, Exhibit or Statement of Work adding Software, Modules, or Services under this Agreement, the Client’s execution of such subsequent amendment, Exhibit or Statement of Work).
2.13“Internal Business Purpose” means the primary business purpose of the Client as established by articles of incorporation, operating agreement, enabling statute, agency rule or regulation, or any other documentation that defines Client’s primary business purpose; however, such Internal Business Purposes will be construed as narrowly as legally allowed and any overly broad business purposes will require further refining and supplementation in this Agreement.
2.14“Juvare Cloud” means as set forth in Exhibit D to this Agreement.
2.15“Module” means a proprietary set of status boards developed by ESi for use with selected WebEOC Software which are designed to address a common functional need.
2.16“Party” means as defined in the preamble above.
2.17“Software,” means, individually and collectively, all of the software granted to Client from ESi via the Subscription as identified on Exhibit A hereto and Software Updates to such software.
2.18“Software Support Plan” means the Support Services plan provided by ESi pursuant to Exhibit C and Quotes to this Agreement.
Confidential and Proprietary
ESi+temp_662FC4.docx Page 2 of 35
2.19“Software Updates” means any technical correction, patch, bug fix, enhancement or other software release to the Software that is provided to Client pursuant to the Software Support Plan or the Software Subscription purchased by Client.
2.20“Standard Business Hours” shall mean 9:00 a.m. through 6:00 p.m. U.S. Eastern Time, Monday through Friday, excluding holidays, and are subject to change by ESi.
2.21“Sub-Administrator” shall mean as set forth in Section 6 of this Agreement.
2.22“Subscription” means a SaaS based subscription for Client to use and access the proprietary Software, Software Updates, online and/or hard-copy documentation and user guides as set forth in Section 4 of this Agreement and for the Term set forth in Exhibit A.
2.23“Support Services” means the technical support services provided by ESi pursuant to Section 11, Exhibit B and Exhibit C to this Agreement. May also be referred to as “Software Support Services.”
2.24“Term” means as set forth in Section 5 of this Agreement.
2.25"Travel Expenses" means travel, living and out of pocket expenses (including travel agent service fees and applicable internal per diems) incurred by ESi in connection with the performance of Services hereunder, including, without limitation, charges and fees incurred by ESi resulting from the cancellation/rescheduling of scheduled air travel or similar services based on changes requested by Client to the applicable dates for performance of the relevant Services.
2.26“User” means an authorized employee, contractor or affiliate of Client to whom Client has provided a user account for the Software; User includes Administrators and Sub-Administrators.
3. Ownership and Licensing Authority.
3.1Ownership of, and title to, the Software and Documentation shall be held by ESi and its licensor(s) and is protected by United States law and applicable international laws, treaties and conventions regarding intellectual property. ESi and its licensor(s) shall retain all rights, title and ownership not granted herein to all copies of the Software and Documentation provided as part of the Subscription under this Agreement. “WebEOC” is a registered trademark of ESi Acquisition, Inc., all rights reserved.
3.2ESi is authorized to redistribute, license and/or provide subscriptions to any third-party software delivered with the Software and Documentation provided under this Agreement. The owner of such third- party software shall have the right to enforce this Agreement to the extent permitted by applicable law.
4. Subscription. ESi grants to Client, and Client accepts, subject to the following terms and conditions and payment of the applicable Fees, a limited non-exclusive, non-transferable, and non-sublicensable revocable term Subscription according to the terms stated herein, to use and access the Software and Documentation for the stated Term. Except as expressly authorized in this Agreement, Client shall not rent, lease, loan, sell, sublicense, distribute, transfer, copy, reproduce, display, modify, provide commercial hosting services, time share or dispose of the Software or Documentation or any part thereof, use the Software to provide any services to third parties or otherwise use the Software and Documentation to generate commercial revenue.
5. Term. The “Term” of this Agreement shall commence on the Effective Date (as defined on page 1) of this Agreement and shall continue through the sooner to occur of: (i) termination of this Agreement pursuant to the terms hereof, or (ii) expiration of the “Term” of the Subscription to the Software as set forth in Exhibit A (Exhibit A is herein incorporated and made part of this Agreement by this reference).
6. Permitted Uses. Client’s, and its User’s, access and use of the Software shall be limited and subject to the following terms and conditions:
a. One (1) Instance of the Software on one (1) Machine. As used herein, “Machine” means a single laptop, personal computer or web server, or a combined web and database server or multiple load- balanced web servers, configured to point to a single database and database server that is used operationally or “in production” (“Instance”).
b. Client may use the Software and Documentation solely for Client’s internal business purposes. c. Client also may make one (1) copy of the Software for back-up or archival purposes. d. Client also may use the Software to support “non-production” software development cycle activities if a non-production Subscription is purchased, as set forth in Exhibit A hereto. e. If Client requires or desires operational use of more than one Instance of the Software, an additional Subscription Fees shall be required.
f. The Client’s storage capacity is set to the maximum as set forth on Exhibit A hereto. ESi shall have the right to conduct regular audits of Client compliance with the storage capacity permitted under this Agreement. In the event Client’s storage usage exceeds such capacity, Client will receive a warning notice (via email being sufficient) from ESi and Client shall promptly remove the excess data from the Hosted System (as defined on Exhibit D) causing the capacity excess or Client shall promptly purchase from ESi additional storage capacity in sufficient quantity at ESi’s then current rates for such additional storage; provided, however, if Client does not either remove such data or purchase Confidential and Proprietary
ESi+temp_662FC4.docx Page 3 of 35
the additional storage capacity within the time period specified in the warning notice (if no time period is specified in the notice, then thirty (30) calendar days shall apply), then ESi shall be entitled to delete the Client’s Data within the Hosted System on a first in-first out approach, without any liability to ESi.
g. The Subscription is on a named and Active User basis. Each Administrator, Sub-Administrator, and User shall have a unique user account. User accounts, usernames and passwords shall not be shared. There shall be no limitation on how many User accounts that Client may create; however,Client may only provide access to the number of Administrators, Sub-Administrators, and Active Users set forth in Exhibit A to this Agreement. Active User counts are based on the number of unique logins each calendar month. ESi shall have the right to conduct regular audits of Client compliance with the number of Active Users permitted under this Agreement. Client agrees to provide ESi with the information required, if any, for ESi to complete such audits. Such audits shall be conducted at ESi expense. Client shall not have the number of Active Users restricted during the term of Agreement; however, Client shall be in violation of Active User limits if the number of Active Users during any month covered by the audit is greater than the number of Active Users permitted in Exhibit A. Client shall be given “forgiveness” for the first Active User limit violation in a contractual year period; however, all additional violations shall incur additional fees. Clients that incur the additional fees for Active User limit violations may elect to either (a) pay the difference in their current user level and the appriorpate user level plus a 20% convenience fee for each month in which the Active User limit was exceeded; (b) immediately increase the Active User count to the appropriate level and pay the pro-rata difference between the subscriptions plus a 10% convenience fee within 30 days of the increase; or (c) immediately increase the Active User count to the appropriate level but pay the pro-rata difference between the subscriptions plus a 10% convenience fee, plus late fees as defined in Paragraph 16 upon subsequent renewal term. h. Administrators, Sub-Administrators, and Users shall have different rights to access the Software as follows:
i. Administrators may access all features of the Software. Certain features of the Software may only be accessed by named users who are granted status as an Administrator (“Administration Tools”). Administration Tools include, without limitation, the following:
creation and administration of user accounts; creation and subsequent editing of incidents; software configuration; use of the WebEOC BoardBuilder tool; installation and administration of board sets, plug-ins, modules, interfaces and Software Updates; and access to the Software’s Application Programming Interface. ii. “Sub-Administrator” is a subset of Administrator Users as set forth in this subsection (ii) and such Sub-Administrators are only active if set forth on Exhibit A to this Agreement and if Client has subscribed to the WebEOC Enterprise Software. Sub-Administrator rights also shall be available solely to support management of Sub-Organizations. Sub-Administrators may access the following Administration Tools: creation of user accounts; management of user accounts including definition of roles and permissions; and creation and subsequent editing of incidents. Maintenance of Sub-Administrator rights requires the purchase of an annual “Enterprise” Software Support Plan. If Client elects to discontinue the required Software Support Plan, access to Sub-Administrator features and any other benefits of Enterprise which ESi may elect to make available from time to time shall be discontinued. iii. Users may not be granted access to any Administration Tools, except that Administrators may grant designated Users rights to create or edit incidents and to add or edit maps in MapTac™.
i. Except where otherwise provided in this Agreement, rights to access and use Administrative Tools are given exclusively to the Client and Client may not grant such rights to any third party. j. Client may provide its consultant(s) or independent contractor(s) with access to the Software and Documentation, provided that such consultants or independent contractors are using the Software and Documentation exclusively for the benefit of the Client. Client shall be responsible for compliance by its consultants and independent contractors with the terms and conditions of this Agreement. k. If Client has subscribed to the WebEOC Enterprise Software or the WebEOC Professional Software, then Client may use the WebEOC BoardBuilder tool and, if subscribed to, the DesignStudio® solution, to copy, modify and create forms and templates (“Status Boards”) and Client may distribute, in printed form or as electronic media, the Status Boards to Client’s authorized users, provided that such Status Boards are used exclusively for the internal business purposes of Client. Status Boards shall be considered Derivative Work(s) of the Software and Client shall not sell, resell, license or otherwise transfer for value any Derivative Work(s) created using the WebEOC BoardBuilder tool or the DesignStudio® solution, and Client shall not distribute such Derivative Work(s) as part of any product or service for value to any third party. Any Derivative Work(s) prepared by Client shall remain subject to the terms of this Agreement and shall clearly display the following copyright notice to Confidential and Proprietary
ESi+temp_662FC4.docx Page 4 of 35
properly acknowledge the proprietary rights of ESi and its third-party licensors: “This work includes the intellectual property of ESi Acquisition, Inc. and its licensors and is provided under subscription/license. Copyright © 2002-2024, ESi Acquisition, Inc. and its licensors. All rights reserved.”
l. Client may, at its option and according to the terms of the ESi standard price list, obtain a Disaster Recovery Software Subscription to support replication of an active, source server to one or more redundant (“Target”) servers which may be placed in use to support disaster recovery or fail-over activities. A Disaster Recovery Software Subscription is required for each Target server. A Disaster Recovery Software Subscription may be used to operate an “in production” instance of the Software only when the source server is inactive or inoperable; only one Instance of the Software shall be active at any one time. Client is not required to obtain additional subscriptions for Software plug-ins, modules or interfaces installed on a redundant non-production Instance. m. Permitted uses of WebEOC Fusion Software vary from the terms set forth in subsection (a) through (l) of this Section 6; in the event Client has purchased WebEOC Fusion Software, this subsection 6(m) shall apply: Client may install and place in production one (1) copy of WebEOC Fusion Software on one (1) source server and one (1) target server. Client may make one (1) copy of the WebEOC Fusion Software for back-up or archival purposes, or Client may install a second copy of the WebEOC Fusion Software on a second Machine if only one (1) copy of the WebEOC Fusion software is in use at any one time. There is no limit to the number of the Subscription Instances of WebEOC Fusion Software® (or number of WebEOC Fusion Software clients) which may be connected by a single instance of WebEOC Fusion Software, provided that (i) only the Client of the WebEOC Fusion Software has administrative privileges and administrative access to the WebEOC Fusion Software and (ii) the Client has paid to ESi all applicable connection fees. n. A high-speed Internet connection is required for proper transmission of the Client Data into the Hosting Services and Software. Client, at its sole cost and expense, is solely responsible for procuring and maintaining the network connections that connect the Client network to the Hosting Services and Software, including, but not limited to, "browser" software that supports protocols used by ESi, and to follow procedures for accessing services that support such protocols. ESi is not responsible for notifying Client and its Users of any upgrades, fixes, or enhancements to any such software or for any compromise of data, including Client Data, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated, or controlled by ESi. ESi assumes no responsibility for the reliability or performance of any connections as described in this subsection.
o. Client and its Users agree to not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, or otherwise commercially exploit or make the Software and Hosting Services available to any third party, other than authorized Users in furtherance of Client’s Internal Business Purposesas expressly permitted by this Agreement; (ii) use the Software and Hosting Services to process data on behalf of any third party other than Client; (iii) modify, adapt, or hack the Software and Hosting Services, or otherwise attempt to gain unauthorized access to the Software and Hosting Services or related systems or networks; (iv) falsely imply any sponsorship or association with ESi, (v) use the Software and Hosting Services in any unlawful manner, including but not limited to violation of any person's privacy rights; (vi) use the Software and Hosting Services to send unsolicited or unauthorized junk mail, spam, pyramid schemes, or other forms of duplicative or unsolicited messages; (vii) use the Software and Hosting Services to store or transmit files, materials, data, text, audio, video, images, or other content that infringes on any person's intellectual property rights; (viii) use the Software and Hosting Services in any manner that interferes with or disrupts the integrity or performance of the Software and Hosting Services and its components; (ix) attempt to decipher, decompile, reverse engineer, or otherwise discover the source code of any software making up the Software and Hosting Services; (x) use the Software and Hosting Services to knowingly post, transmit, upload, link to, send, or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (xi) use the Software and Hosting Services to store or transmit any "protected health information" as that term is defined in U.S. 45 C.F.R. 160.103 or “personal data” as that term is utilized in the Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); (xii) use the Software and Hosting Services to knowingly post transmit, upload, link to, send, or store any viruses, malware, trojan horses, time bombs, or any other similar harmful software; or (xiii) try to use, or use the Software and Hosting Services in violation of this Agreement. p. Communication Notifications. Client acknowledges that all content, data, text, messages and other material (“Content”) contained in a voice, text, e-mail, Short Message Service (“SMS”), or other telephonic or electronic notification, including prerecorded and artificial voice and autodialed messages (collectively referred to hereinafter as “Communication Notification”) sent by Client or its Confidential and Proprietary
ESi+temp_662FC4.docx Page 5 of 35
Users through the Services, Software, and Hosted Services are the sole responsibility of Client.
Under no circumstances will ESi or any of its providers be responsible for any loss, damage, or liability arising out of the Content of any Communication Notification, including any mistakes contained in the Content or the use or transmission of the Content. Client acknowledges that all Content is the sole responsibility of Client. Client is solely responsible for the integrity and quality of the Content. Client agrees not to use the Services, Software, and Hosted Services to send any unsolicited Communication Notification, unless otherwise legally permitted. Client also certifies that it will not use rented or purchased lists, email append lists, “scraped” lists, or any other list that contains email addresses captured in any other method than opt-in. Client will not send any Communication Notification unless (a) the recipient of the message is an employee of Client sending the message, (b) is using a device owned or paid for by Client sending the message, (c) using a personal device and the User has given Client permission to communicate with them via the device, (d) Client has obtained “opt-in” consent from the User or (e) Client is otherwise legally permitted to dispatch consentless messages. Client acknowledges that it is Client’s responsibility to obtain prior consent from its Users or obtain other legal authority prior to sending any SMS. Client represents and warrants that it will send Communication Notifications in accordance with this Agreement; Client has determined that the phone numbers to be called exclude emergency numbers and other numbers that may not be called using an automated system under applicable law; Client agrees to comply with all international, including, but not limited to, the General Data Protection Regulation (“GDPR), U.S. federal, state and local laws, including but not limited to, the Fair Debt Collection Practices Act, Telephone Consumer Protection Act (“TCPA”), Controlling the Assault of Non-Solicited Pornography And Marketing Act (“CAN-SPAM”), Federal Trade Commission or any other international, U.S. federal or state regulatory authority. Client will not: (a) violate any regulation of the U.S. Securities and Exchange Commission or any stock exchange, infringe one another’s rights in intellectual property, is invasive of another’s right to privacy, or violate any privacy laws, privacy policies of Client or any other third parties or do anything that would justify a complaint to the Federal Communications Commission; (b) engage or facilitate any illegal, unethical, deceptive or misleading practices in connection with the use of the Services, Software, and Hosted Services, including, but not limited to, creating a false identity or forged email, phone or message header or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) use the Services, Software, and Hosted Services in connection with any junk email, junk phone messages, spamming or any unsolicited messages (commercial or otherwise); (d) provide, or knowingly allow any third parties to provide, Content or other material to be transmitted in connection with or through the Services, Software, and Hosted Services which: is defamatory, libelous, obscene, pornographic or is harmful to minors; promotes violence, discrimination, or illegal activities; transmit any material that contains viruses, worms, cancelbots or any other harmful code or computer programs designed to disrupt the functionality of any computer software or hardware or telecommunications equipment; or (e) violate any law, statute, ordinance or regulation, (including without limitation the laws and regulations governing export control). Client is allowed to send SMS in text format only; no binary SMS messaging is allowed. Violations of any law or condition set forth herein may result in immediate suspension or cancellation of the Services in order to protect ESi’ ability to deliver Services, Software, and Hosted Services. ESi may at its sole discretion determine whether a Communication Notification meets acceptable criteria and will be uploaded to the Software. Client hereby acknowledges that ESi merely provides Software for facilitating the sending of Client’s Communication Notifications, and that Client shall have sole responsibility and liability for its messages and communications. Client also agrees to defend, indemnify and hold harmless ESi from and against any claims or damages which may result from the Client and its Authorized Users Use of the Services, Software, and Hosted Services, including, but not limited to, claims, damages, or lawsuits threatened or filed by third parties as well as inquiries and investigations by local, state and federal regulators. ESi reserves the right to hold, suspend or terminate Client’s account or access to the Services, Software, and Hosted Services for any alleged violation of this Section and/or any unusual or suspicious activity related to Client’s account. If Communication Notifications are included in the Fees set forth on Exhibit C, such Fees are for Communication Notifications to U.S. based telephone numbers only; ESi will invoice Client, and Client shall pay such invoice, for any Communication Notifications sent to telephone numbers that are not U.S. based.
7. Protection of Software. Client agrees to take all reasonable steps to protect the Software and Documentation from unauthorized copying or use. The Software source code represents and embodies trade secrets of ESi and/or its third-party licensors. The Software source code and embodied trade secrets are not licensed to the Client. Client agrees not to disassemble, decompile or otherwise reverse engineer the Software, use reflection Confidential and Proprietary
ESi+temp_662FC4.docx Page 6 of 35
or other mechanism to view, interpret, translate or try to understand the structure of the Software, or otherwise attempt to discover the source code and/or the trade secrets contained in the source code, and Client will not allow third parties to do so. Client may not, nor allow third parties to, modify or alter the Software in any way.
8. Confidentiality.
8.1Confidential Information Defined. During the Term of this Agreement and in connection with each party’s performance of their respective duties and obligations hereunder and thereunder, each party will disclose to the other (“Discloser”) and the other party shall receive (“Recipient”) certain Confidential Information of the Discloser. The term “Confidential Information” shall mean any and all information that the Discloser discloses to the Recipient in connection with or related to this Agreement, whether disclosed verbally, electronically, visually, or in a written or other tangible or intangible form, including, but is not limited to, trade secrets, pricing information, terms of this Agreement, customers, customer lists, intellectual property, computer programs, software, documentation, formulas, data, inventions, techniques, financial, marketing or product development plans, personnel, audit results, designs, performance data, as to ESi, the ESi Technology and any other deliverables (including, without limitation, data, information, computer code and reports) provided in connection with the Software, and, as to Client, the Client Data, as well as any other information that the Discloser clearly communicates to the Recipient as confidential.
8.2Duties with Regard to Confidential Information. The Recipient agrees that it will only use the Discloser’s Confidential Information in the performance of its obligations hereunder or as otherwise expressly provided in this Agreement, and that it will only disclose the Discloser’s Confidential Information only to those of its directors, officers, employees, consultants, agents, independent contractors, and professional advisers who need to know such information and who are subject to written agreements with the Recipient sufficient to enable the Recipient to require such persons to comply with the Recipient’s confidentiality obligations hereunder. The Recipient agrees that it will treat all of the Discloser’s Confidential Information with the same degree of care (but no less than reasonable care) as it accords its own confidential information.
Notwithstanding the foregoing or ESi’s obligations elsewhere in this Section, Client understands that ESi does not require any information for the performance of Services hereunder, and that ESi cannot guarantee the security of Client Information when added to the Juvare Exchange, stored on Client’s applicable equipment and hardware or transmitted or accessible when using the internet or other services providers. ESi shall not be liable or responsible to Client or any other party for any losses, damages, claims, costs or other obligations arising out of or relating to any unauthorized access to, disclosure or use of information stored by Client on the System, including, without limitation, within the Juvare Exchange, or while such information is transmitted or accessible through the Software, the internet, or services providers. Additionally, ESi shall not be responsible for any breach of security or confidentiality caused by Client’s failure to maintain the confidentiality and control of its user identification numbers or passwords related to its use of the Software provided hereunder.
8.3Exclusions from Confidential Information. Confidential Information does not include information that (a) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Recipient or its personnel; (b) has been or is obtained by the Recipient from an independent source without accompanying obligations of confidentiality; (c) is independently developed by the Recipient without reliance in any way on the Discloser’s Confidential Information; or (d) has been approved for unrestricted release by the Discloser in writing. Additionally, the Recipient may disclose the Discloser’s Confidential Information where the Recipient is required by law to disclose information that is otherwise Confidential Information, provided (to the extent not prohibited by law) the Recipient has first notified the Discloser in writing as soon as is commercially reasonable of such requirement to disclose the Discloser’s otherwise Confidential Information in order to permit the Discloser to seek confidential treatment of such information. With respect to any disclosure made pursuant to this Section, the Recipient (or any of its Representatives) agrees to furnish only that portion of the Confidential Information that it reasonably determines, in consultation with its counsel, is necessary under applicable law. Additionally, Client agrees to reimbursement ESi at its then current hourly rate for such services for the number of hours spent by ESi responding to legal requests for Client Information in ESi possession.
8.4Protection of Confidential Information. Notwithstanding the “Dispute Resolution” Section of this Agreement, the Recipient acknowledges that the Discloser shall have the right to take all reasonable steps to protect the Discloser’s confidential and proprietary interests, including, but not limited to, injunctive relief in a court of law or equity and any other remedies as may be available at law or in equity in the event the Recipient does not fulfill its obligations under this Section.
8.5Survival of Confidentiality Obligations. Each party’s obligations of confidentiality pursuant to this Section for all Confidential Information disclosed between the parties during the term of this Agreement shall survive the expiration or termination of this Agreement as follows: (i) for Confidential Information consisting of trade secrets, for so long as such information remains a trade secret of the Discloser or for five (5) years following the expiration or termination of this Agreement, whichever is longer, (ii) for Confidential Information Confidential and Proprietary
ESi+temp_662FC4.docx Page 7 of 35
consisting of the Discloser’s customer information or ESi’s suppliers’ information, indefinitely, and (iii) for all other Confidential Information, for five (5) years following the expiration or termination of this Agreement.
8.6Termination of This Agreement. Upon termination of this Agreement or upon the Discloser’s written request, the Recipient agrees to terminate all use of the Discloser’s Confidential Information and to either return to the Discloser all copies of the Discloser’s Confidential Information in its possession or under its control or to provide the Discloser with a written notice from one of the Recipient’s authorized representatives certifying that all copies of the Discloser’s Confidential Information in the Recipient’s possession or control have been destroyed; provided, however, the Recipient may (at its option, but not its obligation) keep a copy of the Discloser’s Confidential Information in its archives, and the provisions of this Section shall continue with respect to such Confidential Information. Notwithstanding the foregoing, in no event shall any Client Confidential Information, including, without limitation, the Client Data, that is entered into or shared in the Juvare Exchange be returned to Client or removed from the Juvare Exchange; Client understands and acknowledges that any Client Confidential Information, including, without limitation, the Client Data, entered into the Juvare Exchange is visible and viewable by other Juvare Exchange users and is not secure or held confidential.
9. Proprietary Interests.The Software and Documentation, and all copies thereof, shall remain the exclusive property of ESi and/or its third-party licensors. All applicable rights to copyrights, trademarks, logos, patents and other intellectual property shall remain vested in ESi and/or its third-party licensors. Client shall not claim, register, alter or modify, any interest in such copyrights, trademarks, patents or other intellectual property, nor shall Client nor attempt to do any of the foregoing. Client shall not translate any of the ESi trademarks into any other language or alphabet. Notwithstanding the foregoing, Client shall always have title to data input and output arising out of the use of the Software, and any computer programs developed by or for Client using output of the Software as input to another source, and which do not include any logic and code of the Software, and such shall remain the exclusive property of the Client. Client acknowledges and agrees that ESi may seek equitable relief at any time to remedy a violation or threatened violation of the restrictions set forth herein regarding the use and protection of the Software and Documentation.
10. Copying of Documentation. Client may make as many copies of the Documentation as necessary for Client’s internal purposes, provided the Client shall not modify or alter the content or appearance of the Documentation, modify or alter the appearance of any ESi trademark or logo in the Documentation, or eliminate any references to ESi, WebEOC or other ESi Software in the Documentation and provided that the Client shall reproduce and distribute the ESi copyright and notices page contained in the Documentation with all such copies and maintain the confidentiality of the copies and destroys or returns such copies in accordance with Section 8 (Confidentiality) above.
11. Support Services. During the Term of this Agreement and provided Client is not in violation of this Agreement (including, without limitation, paying for the Subscription Fees), ESi will provide Support Services (all as further defined in Exhibit B hereto; Exhibit B is herein incorporated and made part of this Agreement by this reference) for the Software during the Standard Business Hours consisting of the following: (i) ESi will use reasonable efforts to maintain the Software to comply with the applicable Documentation in all material respects, and (ii) if and when made generally available through Support Services to ESI’s other customers receiving Support Services, providing subsequent releases and versions of the Software for use consistent with ESI’s then current policies. All Software Updates received by Client shall be subject to the terms of this Agreement.
Support Services shall not include, and ESi shall not be responsible for, failures of the Software to perform consistent with the Documentation, specifications, requirements and other details set forth in Exhibit A or any subsequent amendments or quotes hereto in all material respects resulting from or caused by Client, Client’s hardware and equipment, Client’s connection to the Software, third party service providers, including, without limitation, communications services providers, or otherwise disclaimed elsewhere in this Agreement.
12. Hosted Services. During the Term of this Agreement and provided Client is not in violation of this Agreement, ESi will provide Hosted Services, as set forth in Exhibit D hereto, for the Software during the Standard Business Hours. Exhibit D is herein incorporated and made part of this Agreement by this reference.
13. Consulting Services. ESi will perform the Consulting Services set forth in any Exhibit or Statement of Work between the Parties in accordance with the terms within the applicable Exhibit and/or Statement of Work, for the Fees for such professional services as set forth in such Exhibit or Statement of Work. Each attachment for Consulting Services will include details that: (A) best utilizes the Consulting Services purchased and/or (B) identifies the date of achievement of mutually agreed to milestones tied to the deployment of the Subscription(s) and/or Service(s).
14. Warranty.
Confidential and Proprietary
ESi+temp_662FC4.docx Page 8 of 35
14.1Warranty by ESi. For new Software provided pursuant to the Subscription purchased by Client pursuant to this Agreement (for instance, merely adding additional Users to the Subscription for use with the Software would not be considered new Software), ESi warrants that, for a period of sixty (60) days from the Installation (the “Software Warranty Period”), the Software, when used in accordance with the applicable Documentation and this Agreement, will perform in compliance with the specifications for such Software as set forth in the Documentation in all material respects. In the event the Software fails to perform as warranted herein during such Software Warranty Period, and ESi receives written notice of such failure from Client following the first occurrence of such failure (and in all events prior to the expiration of the Software Warranty Period):
a. ESi shall use all reasonable efforts to correct any reproducible error condition reported to ESi in such written notice during the Software Warranty Period as soon as reasonably possible (not to exceed 45 days) following receipt of such written notice;
b. if ESi is unable to resolve such failure to comply with the warranty as provided above through either a correction or reasonable work around, Client may terminate the applicable order only (in its entirety) without penalty or liability for any amounts payable (other than charges and fees incurred prior to the effective date of such termination) on written notice to ESi that is received by ESi within 3 business days of the expiration of the 45 day “cure period” for any failure to comply with the warranty, and ESi shall, within thirty (30) days following the effective date such termination, refund to Client the pre- paid unused amounts paid by Client pursuant to the terminated order during the 60 day period prior to the effective date of such termination. Additionally, to the extent not already waived or expired as provided above, all rights of termination by Client pursuant to this Section shall expire to the extent ESi has not received a written notice of termination pursuant to this Section prior to the expiration of the Software Warranty Period;
c. In the event of termination of an order as provided in this Section, Client shall not be obligated to pay any additional charges or fees payable pursuant to such terminated order for the period after the effective date of such termination; and
d. The limited warranty provided hereunder (including ESi’s obligations to restore Software and provide corrections and Client’s rights of termination pursuant to this Section) shall not apply to Software to the extent it has been modified by other than ESi (or its contractors or agents), modified at Client’s request, or not used in accordance with the requirements of this Agreement, the Documentation, specifications, and the Quotes or order forms. ESi does not warrant that the Software will operate uninterrupted or error free, that all errors can be corrected, or that it will satisfy Client’s requirements.
This Section sets forth Client’s sole and exclusive remedy, and ESi’s entire liability, for the failure of the Software to satisfy the warranty described in this Section. Any refunds pursuant to this Section shall be applied against any limitations of liability set forth in this Agreement.
ESi shall have no obligations pursuant to this Section for claims under this Section for which Client does not provide ESi written notice prior to the expiration of the Software Warranty Period.
In addition to the terms above, any termination of an initial Quote or Order pursuant to this Section shall also terminate this Agreement.
14.2Warranty by Client. Client represents and warrants that (a) the performance of its obligations and use of the Software by Client and its Users, including, without limitation, any Administrators or Sub- Administrators, if any, will not violate any applicable laws or regulations, ESi’s rules and regulations or cause a breach of any agreements with any third parties; (b) it will not interfere with ESi’s systems or the use of any services or systems by other ESi’s clients; (c) it will not provide or enter any Client Information or Client Data into the Software or Systems that may or does contain protected health information under Health Insurance Portability and Accountability Act of 1996 (“HIPAA”); (d) it will not provide or enter any Client Information or Client Data into the Software or Systems that may or does contain personal data as regulated by the General Data Protection Regulation 2016/679 (the “GDPR”); and (e) it will not send any notifications, be it SMS, email, text, pager alerts, phone calls, using the Software or Systems without obtaining the consent of any User or recipient as required by applicable laws, statutes, or regulations. In the event of any breach of any of the foregoing Client warranties, in addition to any other remedies available at law or in equity, ESi will have the right, in its sole reasonable discretion, to terminate or suspend immediately any related Software if deemed reasonably necessary by ESi to prevent any harm to ESi, its Clients and/or its business. ESi will provide to Client notice (email being sufficient) of such termination or suspension of the Software and, in ESi’s sole discretion if an opportunity to cure the breach if practicable depending on the nature of the breach, ESi may provide the Client with an opportunity to cure such breach and if cured, in ESi’s full satisfaction, ESi may restore the Software or access to the Software.
15. Disclaimers.
Confidential and Proprietary
ESi+temp_662FC4.docx Page 9 of 35
15.1ESI DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND/OR ACCOMPANYING DOCUMENTATION. NO ORAL OR
WRITTEN ADVICE OR INFORMATION PROVIDED BY ESI OR ANY OF ITS AGENTS, EMPLOYEES OR
CONTRACTORS SHALL CREATE A WARRANTY, AND CLIENT IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. ESI EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR FREE OF ERRORS.
15.2THE SOFTWARE AND ANY SERVICES THERETO ARE NOT COMPLIANT WITH THE REQUIREMENTS OF THE HIPAA.
15.3The Software is an information management application. The software is not fault-tolerant and is not designed, manufactured, or intended for use or resale in hazardous environments that require fail-safe performance such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, emergency response, terrorism prevention or response, life support or weapons systems (collectively “High Risk Activities”), the failure of which could lead to death, personal injury, or severe physical or environmental damage. ESI EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. Client agrees to indemnify, defend and hold ESi, and its affiliates, officers, directors, employees, agents, subcontractors, licensors, successors, and assigns harmless from and against any and all liability, losses, claims, expenses (including attorneys’ fees), demands or damages of any kind, including direct, indirect, special, punitive, incidental, or consequential damages, arising out of or in connection with the Client’s use of the Software for High Risk Activities.
16. Fees and Payment Terms.
16.1Payment; Late Payment. All amounts are due and payable by Client to ESi as set forth in Exhibit C hereto (unless alternative payment terms are mutually agreed up on by the parties). Exhibit C is herein incorporated and made part of this Agreement by this reference. Any payments not received by ESi within thirty (30) days after the date of the applicable invoice (or as otherwise due under the applicable Exhibit C or Quote) will be considered past due and will accrue a late fee of 1.5% (or, if less, the highest amount allowed by applicable law) for failure to pay such invoiced amount within thirty (30) days of the applicable invoice date and for each thirty (30) day period thereafter that such amounts remain past due and owing.
16.2Travel Expenses and Additional Charges. To the extent that the Software and services provided hereunder may require ESi to travel, Client shall pay Travel Expenses reasonably incurred by ESi in connection with such travel. ESi shall invoice Client for Travel Expenses on a monthly basis as incurred. Travel Expenses are in addition to any charges set forth in this Agreement or any Quote hereto. Other additional charges may be required should Client elect to: (a) use the Software on more than one (1) Instance; (b) increase the number of named users who may access the Software; (c) increase the number of non-production instances of the Software; (d) additional Software; (e) upon renewal; (f) increase storage capacity; or (g) as otherwise required by the Agreement.
16.3Renewal Charges. At least sixty (60) days prior to the expiration of the Initial Period (as defined in Exhibit A) or a then current Renewal Period, ESi may notify Client of the current fees for Software and Support Services, and invoice Client for such fees for the Renewal Period so that such amount is due and payable prior to the commencement of such Renewal Period. ESi shall be entitled, in its sole discretion, to increase the fees for the Software and Support Services.
16.4Suspension of the Software, Services and Support Services. Without limitation as to any other rights or remedies of ESi under this Agreement, ESi reserves the right to immediately suspend Client’s access to and use of the Software and the Services (including, without limitation Support Services), without notice to Client, if any charges or fees payable to ESi are past due and not paid within the time frame set forth in Section
16.1 or elsewhere in this Agreement or an Exhibit, Statement of Work or Quote hereto, as applicable. Client agrees that ESi shall have no liability to Client, and Client waives any claim or action against ESi in the event of suspension or termination of access to or use of the Software and the Services for Client’s failure to timely pay charges. Client’s payment obligations shall continue during any period of suspension pursuant to this Section.
16.5Taxes. All amounts charged by ESi are exclusive of, do not include, and Client shall be solely responsible for payment of, all sales, excise, use, value added, withholding, import or other taxes, tariffs and duties which are imposed to the Software and Services by or under the authority of any government or any political subdivision thereof, except for any taxes based upon ESI’s net income, assets or worth. ESI shall invoice Client for amounts it is obligated to collect or is allowed to recover as such taxes, tariffs and duties.
Client’s obligations for the payment of taxes, tariffs and duties payable hereunder shall survive the expiration or termination of this Agreement. If the transaction or the Client is exempt from taxes, ESi will not charge tax provided that Client timely provides ESi with a valid exemption certificate or other evidence of such exemption in a form reasonably acceptable to ESi. To the extent permitted under applicable laws and regulations, ESi will not charge tax on transactions for the electronic delivery of the Software and Services. All payments due from Client shall be made without any deduction or withholding on account of any Taxes, charge or penalty, Confidential and Proprietary
ESi+temp_662FC4.docx Page 10 of 35
except required by law, in which case the sum payable by Client from which such deduction or withholding is to be made shall be increased to the extent necessary to ensure that, after making such deduction or withholding, ESi receives and retains (free from any liability with respect thereof) a net sum equal to the sum it would have received but for such deduction or withholding being required.
17. Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR
ANY EXHIBITS OR ATTACHMENTS HERETO AND TO THE GREATEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, ESI (INCLUDING ITS AFFILIATES) SHALL NOT BE LIABLE FOR SPECIAL,
INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT OR ANY EXHIBIT, QUOTES OR ORDERS HEREUNDER (HOWEVER ARISING, UNDER ANY THEORY INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
CONTRACT OR STRICT LIABILITY), INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR INTERRUPTED
COMMUNICATIONS, LOST DATA, LOST REVENUE, LOST PROFITS, LOSS OF TECHNOLOGY, LOSS OF
RIGHTS OR SOFTWARE OR SERVICES AND/OR DAMAGES THAT RESULT FROM INCONVENIENCE,
DELAY OR LOSS OF USE OF ANY INFORMATION OR DATA OR OF THE SOFTWARE OR SERVICES,
EVEN IF ESI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
SUBJECT TO THE FOREGOING AND TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE
LAW, FOR THIS AGREEMENT AND EACH QUOTE FOR SOFTWARE OR SERVICES HEREUNDER, IN NO CASE SHALL ESI’S (INCLUDING ITS AFFILIATES) MAXIMUM AGGREGATE LIABILITY DURING ANY TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT (THE FIRST OF WHICH
SHALL COMMENCE ON THE EFFECTIVE DATE OF THIS AGREEMENT) UNDER ANY CIRCUMSTANCES
EXCEED THE AMOUNTS ACTUALLY PAID TO ESI BY CLIENT PURSUANT TO THIS AGREEMENT DURING SUCH TWELVE (12) MONTH PERIOD (EXCLUDING TRAVEL EXPENSES). THE PARTIES
UNDERSTAND AND AGREE THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT
REPRESENTS A REASONABLE ALLOCATION OF RISKS, AND EACH PARTY EXPRESSLY CONSENTS TO SUCH ALLOCATION. ESI SHALL HAVE NO LIABILITY OF ANY KIND IN THE EVENT CLIENT’S RECORDS OR OTHER DATA SUBMITTED FOR PROCESSING ARE LOST OR DAMAGED.
18. Termination.
18.1Termination for Cause. This Agreement or any Exhibit or Quotes hereto may be terminated as follows:
a. by ESi upon the breach by Client of any of its payment obligations under this Agreement or any Quote or Exhibit hereto, which breach has not been cured within five (5) days after Client has received written notice thereof,
b. by one party upon the breach by the other party of any of such other party’s material obligations under this Agreement or any Quote or Statement of Work hereto that has not been cured within thirty (30) days after the breaching party has received written notice thereof (provided, however, that there shall be no cure period in the event of a breach by Client of its obligations related to ESi’s intellectual property), or
c. by ESi if all or a substantial portion of the assets of Client are transferred to an assignee for the benefit of creditors or Client files or has filed against it a petition for liquidation under bankruptcy or similar laws and such proceeding is not dismissed within sixty (60) days.
If the basis for termination for cause applies only to a specific Quote or Statement of Work, the non-breaching party may elect to terminate only the affected Quote and associated Statement of Work, in which case this Agreement and other Quotes will remain in full force and effect. A breach of the terms of this Agreement or a Quote by a User shall be deemed to be a breach of the terms of this Agreement by Client.
18.2Effective Date of Termination for Cause. Termination for cause based upon 18.1(a) above shall be effective on the 6th day after Client received the original written notice of breach if cure is not made or if some interim arrangement has not been reached between the parties (and agreed in writing) during the five (5) day cure period. Termination for cause based upon 18.1(b) above shall be effective on the 31 st day after the breaching party received the original written notice of breach if cure is not made or if some interim arrangement has not been reached between the parties (and agreed in writing) during the thirty (30) day cure period; provided, however, if a breach under 18.1(b) is not subject to cure (e.g., disclosure of a party’s Confidential Information), termination for cause is effective immediately upon the party providing written notice of termination to the breaching party consistent with the notices provision of this Agreement. Termination for cause based upon 18.1(c) above shall be effective immediately after the assignment for benefit of creditors has been made or the filing of a petition for liquidation under bankruptcy or other insolvency laws and such have not been dismissed, dissolved or the petition lifted or stayed.
18.3Effects of Termination. Termination of this Agreement shall result in the termination of all outstanding Quotes, Statements of Work and Exhibits, and termination of all outstanding Quotes, Statements of Work and Exhibits shall result in the termination of this Agreement. Upon termination of this Agreement and/or any Confidential and Proprietary
ESi+temp_662FC4.docx Page 11 of 35
Quotes, Statements of Work and Exhibits for any reason, any amounts owed to ESi under this Agreement or any Quotes, Statements of Work and Exhibits, regardless of whether not yet due and payable, will be accelerated and deemed immediately due and payable (including, without limitation, the remaining balance of unpaid fees for professional services and Travel Expenses). All Subscriptions, including, without limitation, Services and all Software use and access, granted under this Agreement and all Quotes, Statements of Work and Exhibits hereto shall immediately terminate upon termination of this Agreement. All Subscriptions, including, without limitation, Services and all Software use and access, granted pursuant to an applicable Quotes, Statements of Work and Exhibits shall terminate upon the expiration or termination of the applicable Quotes, Statements of Work and Exhibits. Upon termination of this Agreement, ESi will immediately cease performing all Services and terminate Client’s and its User access to the Software. ESi shall have no obligation for retaining or maintaining a copy of any such Client’s Information or data from the Software following the date of expiration or termination of the Quotes, Statements of Work and Exhibits governing such information or (if sooner) the expiration or termination of this Agreement. ESi shall be entitled, without further liability, to destroy all such Client’s Information or data from the Software following the date of expiration or termination of the Quotes, Statements of Work and Exhibits governing such information or (if sooner) the expiration or termination of this Agreement. Notwithstanding the foregoing, in no event shall any Client Confidential Information, including, without limitation, the Client Data, that is entered into or shared in the Juvare Exchange be returned to Client or removed from the Juvare Exchange; Client understands and acknowledges that any Client Confidential Information, including, without limitation, the Client Data, entered into the Juvare Exchange is visible and viewable by other Juvare Exchange users and is not secure or held confidential. If Client receives Hosted Services from ESi, the following termination provisions also apply upon termination of this Agreement for any reason:
a. Client’s access to the Hosted Services (including, without limitation, all access to the hosted environments and data) shall be suspended;
b. Client shall immediately surrender to ESi any Internet protocol numbers, addresses or ESi-owned domain names assigned to Client in connection with the Hosted Services delivered hereunder; c. Unless other arrangements are requested by Client within five (5) days of the effective date of termination and provided Client has paid all outstanding amounts due to ESi under this Agreement, for the five (5) day period following the effective date of termination of this Agreement ESi shall provide Client with access to its data or information within the Hosted Services for Client to download the Client Data or information; and
d. Any and all Client Data shall be overwritten, erased, encrypted or otherwise rendered unrecognizable upon the sooner to occur of (i) Client’s confirmation that it has downloaded the Client Data or information, or (ii) expiration of the period of access as set forth in subsection (c) above, or (ii) thirty (30) days from the effective date of termination of this Agreement.
18.4Other Termination/Suspension of Services. In addition to all other remedies to which it may be entitled hereunder, ESi shall have the right, without notice to Client, to immediately suspend the provision of any and all Software and Services hereunder, including, without limitation, access to the Software and Support Services, in the event of (i) any breach or threatened breach of this Agreement or any Quotes, Statements of Work and Exhibits hereto by Client or its Users or contractors, (ii) any requirement or direction by any legal or regulatory body having jurisdiction over Client, ESi or its suppliers or third party service providers, or (iii) any change in law that renders ESi provision of the Software unlawful or otherwise non-compliant with applicable law. Client’s payment obligations shall continue during any period of suspension pursuant to this Section.
Client agrees that ESi shall have no liability to Client, and Client waives any claim or action against ESi, in the event of termination of access to the Software as provided in this Agreement. ESi shall make reasonable efforts to restart such access upon Client’s cure or correction of the event of default or breach unless it has already terminated this Agreement or any Quotes, Statements of Work and Exhibits as provided hereunder.
Client shall reimburse and pay to ESi all charges, expenses and fees incurred by ESi or payable by ESi to third parties as a result of such suspension of Software or reconnection/restart of such access to such Software.
18.5Collection Costs. ESi shall be entitled to recover from Client any and all of ESi’s attorneys’ charges and expenses, including, without limitation, court costs, incurred by ESi in connection with any attempts to pursue collection of amounts owed by Client hereunder or otherwise incurred by ESi in enforcing of the terms and conditions of this Agreement or any Quotes, Statements of Work and Exhibits hereto.
18.6Survival. The provisions of this Agreement that, by sense and context of the provision, are intended to survive performance by either or both parties shall also survive the completion, expiration, termination or cancellation of this Agreement.
18.7The termination of this Agreement shall not relieve the Client of its obligation to pay any Charges and Fees incurred hereunder prior to the effective date of such termination or expiration or that result or arise from the termination of this Agreement (as provided in herein).
19. Indemnification.
Confidential and Proprietary
ESi+temp_662FC4.docx Page 12 of 35
19.1By ESi. ESi shall, at ESi’s sole cost and expense, defend Client against a third party claim that the Software provided hereunder by ESi infringes such third party’s U.S. patent or copyright (or other jurisdiction as agreed to in writing by both parties), and ESi shall pay damages that a court finally awards to such third party to the extent based on such claims or is agreed to by ESi in settlement of such claims, provided that (i) Client provides ESi prompt written notice of such claims, (ii) ESi controls the defense and settlement of such claims, and (iii) Client, at ESi’s expense, reasonably cooperates with ESi in the defense and settlement of such claims. ESi’s obligation hereunder shall not extend to a claim to the extent such claim is based on any alleged infringement arising from any (a) infringement or contributory infringement to the extent caused in whole or in part by Client, its Users, agents, representatives, employees or by third parties under Client’s direction or control; (b) additions, changes or modifications to the Software by or on behalf of Client except for any additions, changes or modifications made by ESi or its Suppliers on ESi’s behalf; (c) incorporation of the Software or any component thereof into any other product or process; or (d) use of the Software other than as permitted by this Agreement or the applicable Quote or Order. Should the Software become, or in ESi’s opinion, be likely to become the subject of any such suit or action for infringement for which ESi is responsible under this Section, or if Client is enjoined from using the Software, ESi shall, at ESi’s sole option and expense, (x) procure the right to continue providing the Software; (y) replace or modify such Software so that they become non-infringing and functionally equivalent; or (z) may terminate that portion of the allegedly infringing Software on written notice to Client. This Section states ESi’s entire liability for infringement claims relating to the Services, Software, or Support Services.
19.2By Client. Client shall defend, indemnify and hold ESi, its affiliates and each party’s officers, directors, employees, representatives and agents harmless, at Client’s sole cost and expense, from and against any damages and third party claims that arise from (a) infringement or contributory infringement to the extent caused in whole or in part by Client, its Users, agents, representatives, employees or by third parties under Client’s direction; (b) additions, changes or modifications to the Services by or on behalf of Client; (c) incorporation of the Services or any component thereof into any other Client product or process; (d) use of the Services by Client other than as permitted by this Agreement or applicable Exhibit, Statement of Work or Quote; (e) Client’s breach of any of its obligations under this Agreement or an applicable Exhibit, Statement of Work or Quote; (f) any personal injury or property damage caused by Client; (g) Client’s breach of any federal, state or local law or regulation in connection with Client’s use of the Software, System or Services, (h) Client’s performance of services for Client’s clients; (i) claims against ESi by Client’s clients, customers or third parties arising from Client’s use of the Software, Hosting Services and/or Documentation hereunder, including, without limitation, Client Data containing any protected health information subject to HIPAA or personal data subject to GDPR; and (j) libelous, slanderous, indecent or other statement concerning or arising out of Client’s statement or publications to or about individuals or business entities.
20. Export Controls. Client acknowledges that the Software and Documentation are subject to United States export laws. Client shall not, nor shall Client authorize or permit its directors, employees, consultants, independent contractors or other persons, to export, re-export, disclose or otherwise provide the Software and/or Documentation to any country unless an appropriate license, exemption or authorization has been obtained from the U.S. Government. Client expressly agrees that Client shall not export, re-export, barter, or otherwise provide or disclose the Software and Documentation, in whole or in part, to: (a) any country covered by any United States trade embargo; (b) any person listed on the United States Department of Treasury’s list of Specially Designated Nationals; (3) any person or entity listed on the United States Department of Commerce Denied Persons List; (4) any person or entity listed on the United States Department of Commerce Unverified or Entity Lists; (5) any person or entity listed on the United States Department of State Debarred List; or (6) any person or entity where such export, re-export, barter, disclosure or provision violates United State export control law or regulation. Client represents and warrants that neither it nor its directors, employees, consultants, nor any other persons or entities who may gain access to the Software and Documentation through the Client, are persons or entities subject to such U.S. export controls. Client agrees to defend, indemnify, and hold harmless ESi from and against any claim, loss, liability, damage or expense, including fines or legal fees incurred by ESi with respect to any of Client’s export or re-export activities contrary to the foregoing instructions.
21. U.S. Government Rights.
a. If Client is an agency, department, or other entity of the United States Government (“Government”), or funded by the United States Government, Client’s use, duplication, reproduction, release, modification, disclosure or transfer of the Software, Documentation, technical specifications, or any related materials of any kind, including technical data, is restricted in accordance with Federal Acquisition Regulation (“FAR”) 12.212 for civilian agencies, Defense Federal Acquisition Regulation Supplement (“DFARS”) 227.7202 for military agencies and the equivalent regulations for the Department of Energy. The use of the Software and Documentation is further restricted in accordance with the terms of this Agreement, or any modification thereto.
Confidential and Proprietary
ESi+temp_662FC4.docx Page 13 of 35
b. The Software and Documentation are commercial computer software and commercial computer software documentation. Client shall ensure that each copy used or possessed by or for the Government is labeled with the following: “Manufacturer is ESi Acquisition, Inc., 235 Peachtree Street NE, Suite 2300, Atlanta, GA 30303. ALL RIGHTS RESERVED. PROPRIETARY PRODUCTS.” For the purpose of any federal, state or local law, Client agrees that the Software and Documentation are trade secrets and proprietary commercial products of ESi and/or its third-party licensors and are not subject to disclosure.
22. General Terms and Conditions.
a. Entire Agreement; Waiver. This Agreement (including any attachments and schedules) and Exhibits, Statements of Work or Quotes set forth the entire understanding and agreement of the parties and supersede any and all oral or written agreements or understandings between the parties, as to the subject matter of this Agreement or the applicable Exhibit, Statement of Work or Quote. Any provisions, terms or conditions on Client’s purchase orders which are, in any way, inconsistent with or in addition to the terms and conditions of this Agreement shall not be binding upon ESi and shall have no applicability hereunder.
The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
b. Governing Law. This Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Georgia (United States of America) regardless of application of choice of law rules or principles. This Agreement expressly excludes the United Nations Convention on Contracts for the International Sale of Goods. Unless otherwise elected by ESi at its option and in writing for a particular instance, the sole jurisdiction and venue for actions related to the subject matter hereof shall be the state or United States District Court having within its jurisdiction the location of ESi’s principal place of business in Atlanta, Georgia. Both parties shall consent to the jurisdiction of such courts and agree that process may be served in any manner allowed by the laws of the State of Georgia or of the United States. If Client acquires the Subscription, or use or access of the Software, in a country other than the United States or its territories, local law and additional Fees to Client may apply. The original language of this Agreement is English. In case of any discrepancies or conflicts between the English text version of this Agreement and any translation, the English version shall prevail. c. Dispute Resolution. Subject to the “Confidentiality” Section of this Agreement, the parties agree to resolve all differences or disputes arising out of or relating to this Agreement shall be resolved and settled by final and binding arbitration administered by the Judicial, Arbitration, Mediation Services (J.A.M.S.) pursuant to J.A.M.S.’ then-current arbitration rules; provided, however, that in the event that J.A.M.S. shall be unavailable for any reason, then the arbitration shall be filed with and administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. Any such arbitration shall be conducted before a single arbitrator in a proceeding held in the Atlanta, Georgia area. The arbitrator shall award to the prevailing party in such arbitration such party’s attorneys’ charges, arbitrator’s charges, J.A.M.S.’ charges (or, if applicable, AAA’s charges) and other costs incurred by the prevailing party in such arbitration. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The language of the arbitration shall be English. The arbitrator shall apply the substantive law of Georgia when resolving the differences before them and shall not resort to any conflict of law rule that would call for the application of the law of another jurisdiction. The arbitrator shall take into account principles of legal privileges, such as those involving the confidentiality of communications between a lawyer and a client. The arbitrator shall render any monetary award in U.S. dollars.
Notwithstanding the foregoing, the parties reserve the right to seek injunctive relief in a court of competent jurisdiction to protect any intellectual property rights and to prevent the release of Confidential Information. d. Assignment. Client may not assign or otherwise transfer, in whole or in part, or in any other manner, any rights, obligations, or any interest in or under this Agreement without the prior written consent of ESi and any purported attempt to do so will be null and void. A merger or other acquisition by a third party will be treated as an assignment. ESi may at any time and without Client’s consent assign all or a portion of its rights and duties under this Agreement to a company or companies wholly owning, owned by, or in common ownership with ESi. This Agreement shall be binding on each party’s successors and permitted assigns. Additionally, ESi may delegate the performance of certain Services to its Affiliates and third-party providers, provided ESi remains responsible to Client for the delivery of such Services and the compliance of such Affiliates and third-party providers with this Agreement. e. Change in Subcontractors. ESi has the right to change, modify and otherwise convert services providers and subcontractors (including, without limitation, its affiliates) used to provide the Services and terms under which the Services are offered, provided that the basic functionality and quality of the Services will not be materially adversely affected.
f. Interpretation. In the event of a conflict between this Agreement and the terms of any Exhibit, Statement of Work or Quote attached hereto, the terms of the Exhibit, Statement of Work or Quote shall prevail and Confidential and Proprietary
ESi+temp_662FC4.docx Page 14 of 35
control the interpretation of this Agreement. The Exhibits, Statement of Work or Quote, attachments, and schedules together with this Agreement shall be interpreted as a single document. g. Force Majeure. No breach of any obligation of ESi in this Agreement or an Exhibit, Statement of Work or Quote shall constitute an event of default or breach to the extent it arises out of a cause, existing or future, that is beyond the reasonable control of ESi, including without limitation, “acts of god” (such as earthquake, natural disaster, or flood), war, terrorists’ acts, riot, theft, labor disputes, government regulations, curtailment of transportation, or a cause making ESi’s performance impossible or commercially impracticable or the like.
h. Limitations Period. Client agrees not to bring a legal action against ESi more than two years after the later of the date on which the cause of action accrues or the date on which the party discovered or with reasonable investigation should have discovered the cause of action. i. Prevailing Party. The prevailing party in any arbitration, suit, or action brought by one party against the other party to enforce the terms of this Agreement, any Exhibits or Quotes or Statement of Works hereto or any rights or obligations hereunder, shall be entitled to receive its reasonable costs, expenses, and attorneys’ charges of bringing such arbitration, suit, or action. j. Independent Contractors. The parties are independent contractors, and no agency, partnership, franchise, joint venture or employment relationship is intended or created by this Agreement. Neither party shall make any statement, representation, warranty or other commitment on behalf of the other party. k. No Licenses. There are no licenses to the Software, express or implied, granted or provided under this Agreement. Neither party shall exceed the scope of the Subscription granted hereunder. ESi reserves all rights not specifically granted to Client.
l. Notice. All notices shall be in writing and sent by certified mail (return receipt requested), overnight courier, or delivered personally to the addresses indicated on the first page of this Agreement for the applicable intended recipient, or such other address as either party may indicate by at least ten (10) days prior written notice to the other party. All notices to ESi shall be directed to the attention of the President/CEO of ESi, with a copy of all such notices also sent to ESi to the attention of ESi’s General Counsel at the same address as ESi. Notice will be effective on the date shown on the delivery receipt or, in the case of personal delivery, actual receipt. All notices required pursuant to this Agreement shall be provided in strict compliance with this Section.
m. Severability. If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.
n. No Third-Party Beneficiaries. ESi and Client agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement. o. Headings. The headings used in this Agreement, Exhibits, Quotes and Statements of Work are solely for convenience and shall not be considered in its interpretation. p. Authorized Signer. Each party represents that the person signing this Agreement and any Exhibit, Statement of Work or Quotes hereto has been properly authorized and empowered to execute and deliver this Agreement and any Exhibit, Statement of Work or Quotes hereto on behalf of such party. This Agreement becomes null and void if the time between the earlier dated signature and the later dated signature exceeds sixty (60) days, unless waived by ESi. q. Incorporation by Reference. Any Attachments to this Agreement and any Exhibit, Statement of Work or Quote now existing and hereafter executed or issued that are made pursuant to this Agreement shall be deemed to be part of this Agreement and are incorporated into this Agreement by reference. r. Amendments. Except as otherwise provided herein or in an applicable Exhibit, Statement of Work or Quote, this Agreement and any Exhibit, Statement of Work or Quote may be changed or modified only in a written document signed by duly authorized representatives of both parties. s. Counterparts/Duplicate Originals. This Agreement and any Exhibit, Statement of Work or Quote may be executed by the parties in one or more counterparts or duplicate originals, and each of which when so executed shall be an original, but all such counterparts shall constitute one and the same document. t. Publicity/Use of Trademarks. ESi and Client herein agree to permit the occasional use of each other’s name and logo as well as reference to this Agreement and the Services in their respective promotional advertising, press releases and public relations efforts. All such use will be only in a manner that reflects positively upon the other party. ESi may, without obtaining Client’s prior written consent, place Client’s name on a list of ESi’s customers.
u. Non-Solicitation. Client shall not, without ESi’s prior written consent, directly or indirectly, solicit for employment or hire any Restricted Employee (as defined herein) while such person is employed by ESi and for the 12-month period starting on the earlier of: (i) termination of such Restricted Employee’s employment with ESi, or (ii) termination or expiration of this Agreement. “Restricted Employee” means any former or current employee of ESi or its Affiliates that provided services on behalf of ESi hereunder Confidential and Proprietary
ESi+temp_662FC4.docx Page 15 of 35
or that Client became aware of or came into contact with during ESi’s performance of its obligations under this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate originals by their duly authorized representatives as of the day and year set forth above. This Agreement becomes null and void if the time between the earlier dated signature and the later dated signature exceeds sixty (60) days, unless waived by ESi.
ESi Acquisition, Inc. City of Lake Elsinore, CA (“Client”) By: __________________________________ By: _________________________________ Name: _________________________________ Name: _________________________________ Title: __________________________________ Title: _________________________________ Date: __________________________________ Date: __________________________________ /End of the Agreement; Exhibits follow
Confidential and Proprietary
ESi+temp_662FC4.docx Page 16 of 35
EXHIBIT A TO WEBEOC SUBSCRIPTION AGREEMENT
1. Term of Hosted Services Subscription
The Subscription to the Hosted Services for the Software identified forth on this Exhibit A shall commence on the Agreement Effective Date set forth above and continue thereafter for an initial period of sixty (60) months (the “Initial Period”). Thereafter, the Subscription to the Hosted Services for the Software shall automatically renew for successive additional 12-month periods (each a “Renewal Period”), provided that either party may non-renew the Subscription to the Hosted Services for the Software as of the end of the Initial Period or any subsequent Renewal Period, on not less than 60 days' prior written notice of non-renewal to other party. “Term” means the Initial Period and any Renewal Period of the Subscription to the Hosted Services for the Software as set forth herein. Any such non-renewal shall be effective as of the end of the Initial Period or subsequent Renewal Period, as applicable, following the expiration of such 60-day notice period.
2.Subscription Software
The Subscription includes the following Software:
Number of Instance Software
1 ESi WebEOC® Pro Software *v9.x (SaaS)
*Latest version at time of contract execution
- WebEOC® Subscription
- State and Local Board Set
- Premium Board Subscription
- User Importer
- SSO for AD & SAML
- Maps Add-On
- Dashboard
- Board Data Manager
- Active Users
- Alerts
Juvare Exchange®
DesignStudio® Pro Software
The Subscription includes the following purchased “non-production” Instances for the identified purpose:
Number of Instance Purpose
1 Development/testing of Software Updates prior to
placing in production (internal use only)
- Training (internal use only)
3.Authorized Number of Users for WebEOC
Client may provide access to the following number of Administrators, Sub-Administrators, and Active Users, all authorized on a named and active user basis; does not include DesignStudio® User counts.
User Type Qty of Users
Administrators (Up to the Number of Authorized Active Users) Active Users 50 (inclusive of Administrators and Sub-Administrators)
4.DesignStudio®
User Type Qty of Users
Users 5
5. Client Storage Capacity: 50 GB
6.Emergency Response Program
Emergency Response Program has been purchased for Term: [ ] Yes [X] No /End of Exhibit A
Confidential and Proprietary
ESi+temp_662FC4.docx Page 17 of 35
EXHIBIT B TO WEBEOC SUBSCRIPTION AGREEMENT
DESCRIPTION OF SUPPORT SERVICES FOR THE SOFTWARE
Support Services for the Software shall include the following (in addition to what is stated in the Agreement):
1) Telephone Assistance: Client’s “Support Contact” (as defined below) may contact the ESi’s Support Center for telephone assistance to seek advice relating to the use of Hosted Services and/or to identify and work to provide a “workaround” for Software problems, if available. Telephone assistance for non-Emergency Support Services shall be available during Standard Business Hours. 2) Problem Assistance: Client may submit problem assistance requests for Software assistance via the published ESi’s support escalation procedures. ESi will notify Client if any request is beyond the scope of this Agreement and is, therefore, subject to additional charges. Requests for problem assistance for non-Emergency Support Services shall be available during Standard Business Hours. 3) Software Updates: ESi will update the Software as such updates and future versions of the applicable Software are made generally available to other ESi clients receiving Support Services at no additional charge. Any training required by Client related to such Software Updates and subsequent versions of the Software are provided for an additional charge. ESi shall provide Client with Software Updates to the Software, except for modules, as such Software Updates become available. Software Updates may include correction releases (i.e. patches provided to correct software anomalies), point releases (i.e. modifications to current generation of software including enhancement and improvements), and level releases (i.e. new releases or new generation of software), but shall not include new products, modules or plug-ins released commercially by ESi as independently priced items. For Modules, ESi shall provide Client any Software Updates released by ESi to correct errors affecting the operation of the Module, whether such error is caused by the Module itself or by an error in the Software, and any Software Updates required to maintain compatibility with the Software. ESi shall not provide for any enhancements to the Module.
Process to Obtain Support Services. To obtain Support Services or telephone or problem assistance, Client’s designated Support Contact (an assigned Administrator that has completed the Administrator training and is listed as the Support Contact for Client) may contact ESi’s Support Center as pursuant to ESi’s published support procedures. Such support procedures include contacting ESi’s Support Center via telephone, email and, when required, remote session support during Standard Business Hours and during Non-Standard Business Hours.
“Routine” Support Services includes assistance with the use and configuration of the software; assistance with identification and resolution of errors or defects assistance with application and use of new releases; general support for Board Builder and boards built by ESi or an ESi-certified technician; and access to WebEOC best practices, community-use status boards, “help” resources and other content made available through https://www.juvare.com/customers/technical-support, a “client only” web forum. Support Services may be accessed by Client by calling the Support Center via (877) 771-0911 or by electronic mail at [email protected] (subject to updates and changes by ESi).
“Emergency” Support Services shall be available 24 hours per day, 365 days per year. Emergency telephone support includes any assistance needed by Client while Software is in use operationally, whether for actual incidents or exercises excluding assistance with GIS interfaces, mapping or products, which is licensed by a third-party vendor is available only during Standard Business Hours. Emergency Support Services may be accessed by calling the Support Center via (877) 771-0911 (subject to updates and changes by ESi).
Client may request performance of additional services by ESi. Such services shall be invoiced separately by ESi at ESi’s then current rate for such services and Travel Expenses, if applicable.
Limitations on Support Services. ESi will provide Support Services for only the current version of any Software. Client is obligated to promptly implement all Software Updates, work arounds and error corrections provided by ESi.
Problems or Issues Not Covered by Support Services. The following issues/problems, and all issues or problems caused by the following, are not covered by Support Services:
1. Alterations to the Software not authorized by ESi;
2. Unless otherwise agreed in an Exhibit or Statement of Work hereto, customizations to the Software from consulting or professional services provided by ESi, including applications design or recommendations by Client;
3. Software problems created by Client negligence or fault or failure to comply with any specifications, policies, procedures or requirements for use of the Software, including, without limitation, those set forth in ESi’s Terms & Conditions;
4. Software problems caused by or related to a change in Client’s service provider or internet access provider. Without limiting the generality of the foregoing, no reconfiguration of the Software due to a change in a service provider is covered under Support Services.
Client should notify ESi prior to changing its service provider to enable ESi to provide configuration specifications to the new service provider. Any programming and configuration changes will be charged to Client at the then-current ESi’s daily/hourly rates for such reconfiguration services;
5. Software problems that do not significantly impair or affect the operation of the Software;
6. Assistance with third party products; Training; Installation of plug-ins, boards or modules; API support; Board building; and
7. Client’s failure to allow for the prompt implementation of Error corrections, Software updates, or any work-around provided or made available by ESi (including, without limitation and applicable at all times, implementation of more recently released, generally available versions or releases of the Software made available through Support Services that contain corrections to the relevant Error or where such Error does not occur when using such more recently released version or release of the Software).
Client Responsibilities. Client agrees to limit its requests for Support Services after Standard Business Hours to occasions when the problem related to the Software is critical to Client’s operation and cannot wait to be addressed until Standard Business Hours on the next succeeding Contractor business day.
/End of Exhibit B
Confidential and Proprietary
ESi+temp_662FC4.docx Page 18 of 35
EXHIBIT C TO WEBEOC SUBSCRIPTION AGREEMENT
FEES AND PAYMENT SCHEDULE
Fees (further to Quote No. Q-12811, dated February 1, 2024): Upon payment of the following Fees pursuant to the Payment Schedule below, the following Subscription(s) shall be made available for use and access by Client and its Users on a SaaS Subscription basis for the Term set forth in the Agreement and all use of the Software shall be governed by the Agreement:
Confidential and Proprietary
ESi+temp_662FC4.docx Page 19 of 35
(cont’d on page 20)
Confidential and Proprietary
ESi+temp_662FC4.docx Page 20 of 35
Payment Schedule
For purposes of this Exhibit C, ESi shall invoice, and Client shall pay, the amounts set forth below according to below payment schedule:
(i) The “Year 1” fees set forth above in the amount of $49,400.00 USD (plus applicable taxes) shall be invoiced by ESi to Client upon ESi’s receipt of this Agreement (executed by Client); and (ii) Subsequent annual charges as set forth above shall be invoiced by ESi to Client so that such amounts are due and payable prior to the commencement of each applicable year; and (iii) No travel is expected to be performed by ESi pursuant to this Exhibit C.
All charges in this Agreement are exclusive of taxes and Travel Expenses incurred by ESi in the performance of services and are in addition to any charges set forth in any other Statement of Works or Addenda or Quotes to the Agreement or in the Agreement. All invoices are due and payable thirty (30) days from the date of the invoice and interest fees/late charges (as provided in the Agreement) shall apply to any invoiced amounts not paid within the time periods provided in this Exhibit C or in the Agreement.
If Client is tax exempt, Client shall be responsible for providing all necessary documentation to show such tax-exempt status to ESi or to the taxing entity.
Work cannot be started and dates for services cannot be secured until the applicable initial payment has been received by ESi.
Pricing contained herein is based on configuration outlined above. Some items may not be sold separately. Pricing is valid for 90 days from the date of Quote date.
Notwithstanding anything to the contrary in this Exhibit C and the Agreement, Client has 60 days from execution of this Agreement by Client to permit ESi to implement the Subscription provided hereunder into production. Should Client fail to permit ESi to implement the Subscription into production within such 60-day period, all unpaid amounts set forth above shall be immediately due and payable by Client to ESi and the implementation shall be deemed complete as of the end of such 60-day period. Client may then provide ESi written notice when Client is ready to implement the Subscription. ESi shall not have any obligations for warranties applicable to the Subscription, Software and services, if any, provided hereunder, and Support Services for such Subscription, shall not apply to issues experienced by Client, to the extent caused by Client’s use of such Subscription prior to ESi’s completion of the implementation of the Subscription.
/End of Exhibit C
Confidential and Proprietary
ESi+temp_662FC4.docx Page 21 of 35
EXHIBIT D TO WEBEOC SUBSCRIPTION AGREEMENT
HOSTED SERVICES
1. Definitions. For the purposes of this Exhibit, the following words have the meaning set forth below:
a. “Hosted Services” means the installation and management of specified software applications in the Juvare Cloud shared environment on behalf of a ESi customer and exclusively for the benefit of permitted users of the Software.
b. “Hosted System” means the combination of hardware, software and networking components used by the application service provider to deliver the Hosted Services. c. “Juvare Cloud” means the shared hardware environment for the purpose of hosting and maintaining software and data on behalf of ESi’s customers; may also be referred to as the application service provider or the “ASP.”
All other capitalized terms in this Exhibit D shall have the same meaning set forth in the Agreement, except where otherwise stated in this Exhibit.
2. Scope of Services. ESi shall provide the following services to address the Software hosting needs:
a. ESi shall provide Hosted Services to Client according to the provisions set forth in the Agreement and this Exhibit. ESi shall notify Client promptly upon creation of Hosted Services account and provide Client with all information required to access such account. ESi, at its sole discretion, may provide and maintain such Hosted System and/or deliver such Hosted Services internally or through a qualified subcontractor. b. ESi shall provide and maintain the facilities, hardware, and networking components as it sees fit to provide access to the Juvare Cloud for the benefit of Client.
c. ESi shall perform, at its convenience and after notice to Client, scheduled updates of the Juvare Cloud as ESi or its hosting subcontractor sees fit. Such updates shall be scheduled to enable the simultaneous update to all of ESi-hosted customers.
d. ESi or its hosting subcontractors shall be entitled to perform, as needed, emergency security updates to the Hosted System to protect the Juvare Cloud or the subcontractor’s hosted environment from newly identified and widespread threats to the internet or internet-based services posed by worms, viruses and Trojans, or to address other vulnerabilities, with little or no notice to Client. e. ESi shall provide and maintain a redundant shared environment of the Juvare Cloud at a location that is geographically separated from its primary ASP Environment to ensure continuity of Software access and operation in the event of any unforeseen outage, disaster or other event that may interrupt service at the primary location of the Juvare Cloud. Failover to the redundant shared environment of the Juvare Cloud is a manual process and service will be activated by ESi immediately upon notification of malfunction, unavailability or failure of primary shared environment of the Juvare Cloud. f. ESi will notify (via ESi’s Support Center) the Client of any planned service outages, i.e., for the purpose of performing Software updates or testing, or other inability to perform the services outlined in this Agreement.
g. ESi shall schedule, perform and maintain a duplicate (“backup”) record of Client’s data within the Juvare Cloud. ESi shall perform hourly SQL transaction log backups and daily full backups. Data backups are limited to SQL database server files (i.e., those files having a .mdf or .ldf file extension). Data backups shall be retained on-site for four weeks.
h. In addition to the Support Services pursuant to the Agreement and Exhibit B, ESi shall provide Client with Support Services for the Hosted Services which include assistance with problems related to the Juvare Cloud, data access, Hosted System access, or similar problems. Such Support Services for the Hosted Services may be accessible to Client via the same contact information provided to Client for Support Services; provided, however, services to be provided by ESi under this Exhibit and the Agreement do not include assistance with third party products; training; installation of plug-ins, boards or modules; API support; or board building; or repair or correction of errors, defects or other operational or performance defects caused by Software configuration, modification, enhancement or programming provided by any party other than ESi or an ESi-certified technician. Any professional services described in this Section 2(h), or services required to repair or correct the errors and defects described in this Section 2(h), shall be provided on a fee-for-services basis at rates consistent with the ESi published price list in effect at the time services are rendered.
i. Client may request performance of additional services by ESi. Such services shall be invoiced separately by ESi at the current published rate for labor and actual costs for materials and travel, if applicable.
3. Client Obligations
a. The Client shall maintain, at Client’s expense, a secure high-speed internet connection through which to access its hosted Software.
b. The Client shall appoint a designated point of contact and two alternate points of contact for its interactions with ESi. Client shall provide ESi with the name, job title, physical address, telephone number, facsimile Confidential and Proprietary
ESi+temp_662FC4.docx Page 22 of 35
number and electronic mail address for each of the contact persons. Client shall keep such contact information up-to-date and promptly notify ESi, in writing via electronic mail, of any changes. c. The Client shall use reasonable security precautions in connection with the use of Services provided under this Agreement.
d. The Client is responsible for any and all use and access to the Hosted System and Hosted Services by its employees, agents, contractors and permitted users of the Software and Hosted Services. e. The Client shall make best efforts to notify ESi in writing, via electronic mail or facsimile, of any planned non-emergency use of its Software, such as the occurrence of training sessions, drills and exercises, to aid ESi with the planning of any scheduled outages.
f. The Client shall promptly notify ESi Support Center of any identified Hosted Services outage that impairs Client’s access to the Software so that ESi may manually activate the redundant shared environment of the Juvare Cloud and immediately commence work to restore service to the primary shared environment of the Juvare Cloud.
b. The Client shall not conduct any load testing, performance testing or any other test of the Hosted System which may degrade performance or limit or adversely impact availability of the Juvare Cloud for other customers.
4. Limitations on Use of Hosted Services.
a. Client’s usage of the Hosted Services in the Juvare Cloud is subject to capacity and performance constraints. Monthly active users do not equal maximum concurrent users. Concurrent user capacity will be variable based on Juvare Cloud load.
b. Access to the Hosted System may not be rented, leased, sold, sub-leased, assigned or otherwise transferred for value or for no value by Client to any third party. c. Hosted System and Hosted Services are provided to support the Software which is an information management tool. Hosted Services are not guaranteed to be fault-tolerant or to provide fail-safe performance. Hosted Services are not appropriate for use in ultra-hazardous environments where failure of the Hosted System or the Juvare Cloud may lead to bodily injury, death or destruction of property. d. Installation of Software applications in the Juvare Cloud is limited to the Software included in the Subscription to Client by ESi and Software supplied by ESi either as a component of the Hosted System or to support delivery of Hosted Services.
e. ESi shall only be responsible for performance of components of the Hosted System and Services under its control. ESi shall not be responsible for performance deficiencies caused by processes, hardware and software beyond its control including, but not limited to, information transmission delays due to excessive internet traffic, internet outages, or failure of Client to perform its obligations under this Agreement. f. The warranties set forth in the Agreement shall be void if any breach of this warranty or failure of the hosting environment or Software is caused by unauthorized use, improper use or modification to Software made by Client or its authorized users.
/End of Exhibit D
Confidential and Proprietary
ESi+temp_662FC4.docx Page 23 of 35
EXHIBIT E TO WEBEOC SUBSCRIPTION AGREEMENT
STATEMENT OF WORK - No. ______________
(intentionally blank - follows immediately hereinafter) Confidential and Proprietary
ESi+temp_662FC4.docx Page 24 of 35
Proposed Statement of Work (SOW)
City of Lake Elsinore, CA
Net New WebEOC® Implementation with Service Credit Plan Hours (80 Hours)
4 October 2023
Confidential and Proprietary
ESi+temp_662FC4.docx Page 25 of 35
Statement of Work
City of Lake Elsinore
Net New WebEOC Implementation
This Statement of Work (“SOW”) is governed by, incorporated into, and supplements the terms and conditions of the Agreement. Unless defined herein, all capitalized terms shall mean as defined in the Agreement. This SOW shall be subject in all respects to the terms of the Agreement. In the event of any conflict between the terms of this SOW and the Agreement, the terms of this SOW shall govern this SOW and the Services (as defined below) provided hereunder.
•Scope of Work
ESi Acquisition, Inc. (hereafter referred to as “Juvare”) will provide implementation and enhancement services to City of Lake Elsinore utilizing a Four-phase model for new clients that starts with an Express Implementation that provides early, essential access to WebEOC Professional, mutually agreed WebEOC Add-On modules within sixty (60) days of Kickoff (unless otherwise and mutually agreed upon in writing). Some software solution elements, such as WebEOC® Professional, may be available for initial use for the designated Client system administrators and power users as soon as fourteen (14) days following the Effective Date of the contract. WebEOC will be available via web browser and mobile app. In addition, Juvare will provide Client Success Support and 24/7 ongoing technical support.
•Governance and Change Management Plan
Juvare utilizes Project Management tools and methodologies that meet industry best practices. Juvare’s cornerstone tool is the Project Management Body of Knowledge (PMBOK) Guide, a collection of guidelines, terminology, and best practices that are the gold standard for project management. Juvare follows the five (5) Project Management phases: Project Initiation, Project Planning, Project Execution, Project Monitoring and Controlling, and Project Closing. This management method provides client success and flexibility throughout the delivery process, ultimately providing client satisfaction. In addition, Juvare’s current methodology/framework is the Agile Software Development Life Cycle (SDLC) method which focuses on collaborative decision-making, client Confidential and Proprietary
ESi+temp_662FC4.docx Page 26 of 35
satisfaction, and development over multiple short cycles or sprints rather than a top-down process with a single series of stages.
During project implementation, the Client may identify a change request for additional functionality or alter the agreed-upon deliverables. Any request that changes the scope of the project or the functionality beyond that identified and agreed upon in the SOW requires a change request that must be reviewed and approved by the project stakeholders. Change requests will follow the procedure in Appendix A and will be reviewed based on the impact of the proposed change in scope, deliverables, schedule, and cost. The project sponsor will approve or reject the change. If approved, a new SOW (or SOW addendum) detailing the approved changes will be generated, and the entire process will be recorded in the Change Management Log.
•Juvare’s Four-Phase Implementation Plan
oPhase I: Express Implementation (Technical Installation) The objective of the first phase is to rapidly deliver a working WebEOC solution with basic configurations sufficient to allow for initial up-front use by the Client’s administrators and selected users (less than ten (10) users). Specifically, Juvare will install and configure its standard board set on the Production and Non-Production instances of WebEOC. In addition to installing and configuring the standard boards, Juvare will also load common WebEOC positions that support typical Emergency Management roles and responsibilities. Depending on the Client’s change management practices and overall readiness, roll-out to some or all the end-user community may occur during this phase.
Based on the Client’s purchase, the following products and components will be included:
Confidential and Proprietary
ESi+temp_662FC4.docx Page 27 of 35
After this standard “out of the box’ installation is complete, and the Client’s URLs are active and accessible, the implementation will be considered “Go Live.” Juvare defines go-live as when WebEOC is available for the Client to access and use. At the time of the go-live date, WebEOC will be officially and formally available to the Client. Go-live is not defined as the Client being trained on WebEOC, enhancements being made, or full implementation being complete.
Key Activities
Technical Installation completed by Juvare Support.
Client’s URLs are active and accessible.
System Go Live date is determined.
Client Kickoff is conducted (Juvare and Client).
oPhase II: Training
During this phase, training will be structured to the solution. The training provides value to the Client to ensure that the Client clearly understands what was delivered. Instructional methods can be on-demand video, instructor-led classes (remote or on-site), or documentation, depending on the Client’s needs and requests. Juvare provides general training for all WebEOC products at www.learning.juvare.com.
Confidential and Proprietary
ESi+temp_662FC4.docx Page 28 of 35
The Juvare team will require Client engagement during the implementation phase for an average of two (2) hours per week until the implementation is complete.
Engagement includes bi-weekly meetings, instructor-led training (via Zoom), and project documentation. This engagement usually takes five (5) weeks to complete.
When this phase is complete, the Client will clearly understand WebEOC, know how to modify and change the solution and add processes and methods applicable to their organization and mission.
Key Activities
The Client is provided access to WebEOC on-demand training.
The Client is registered for paid training (for example, Bootcamp).
Other training opportunities include:
oClient Overview and Admin Training (instructor-led)
oAdd-On Training (on-demand and instructor-led)
oDesign Studio Pro and Juvare Exchange (JX) Training
Integrate and test the WebEOC Single Sign-on Add-on with Client’s login service if applicable.
Offer light discovery, light configuration, and leadership overview.
To access on-demand training
Note: First-time users need to register for an account.
Go to https://learning.juvare.com.
Click the WebEOC tile.
Click the Intro to WebEOC & Standard Boards tile.
Continue with the 16 WebEOC tiles for various training courses.
When these training courses are complete, select the WebEOC Add-Ons & Plug-
Confidential and Proprietary
ESi+temp_662FC4.docx Page 29 of 35
Ins tile and complete the relevant courses.
Note: The add-on courses can be taken at any time. All people using WebEOC are strongly advised to take this free training as it will benefit their understanding. oPhase III: Enhancements
Phase III allows for the client to utilize Juvare Professional Services Service Credit Plan (SCP) Hours to request enhancements to WebEOC.
The City of Lake Elsinore has purchased 80 SCP Hours as part of the WebEOC Enhancements Package. These hours must be used within 6-months of the specified implementation date. Once these 80 hours have been exhausted, any remaining work will require the client to purchase additional hours.
Requirements Gathering - Juvare Professional Services and the Agile Project Team will work with the City of Lake Elsinore to gather requirements for enhancements to WebEOC.
Development and Testing – After gathering requirements, Juvare will complete development and testing in WebEOC utilizing 2-week Agile Sprint Cycles.
Following each sprint cycle, Juvare will demonstrate enhancements to the City of Lake Elsinore on a bi-weekly basis. The client will have 14 days to test the enhancements and notify Juvare of any defects found during testing. Upon notification of defects, Juvare will make any necessary changes in development. If the client does not respond within 14 days, the enhancements will be considered as accepted by the client. Following acceptance by the client, Juvare will deploy enhancements to the client’s specified WebEOC environment.
oPhase IV: Full System Go Live, Project Closeout, and
Maintenance and Support
Phase IV is the final phase of the implementation project plan. This phase begins and remains in place throughout the Juvare and Client agreement.
Phase IV comprises two separate categories:
1. Maintenance: Includes updates to Juvare software, patches and fixes, and upgrades to the platform to support operational effectiveness.
2. Technical Support: Provides access to Juvare resources (Knowledge and Support center).
Juvare and the Client accept the completion of the implementation project and closeout the project via a signed project closeout document.
Key Activities
Juvare and Client Acceptance
Confidential and Proprietary
ESi+temp_662FC4.docx Page 30 of 35
Go live with the Client on the WebEOC platform.
Release the Client and their instances of WebEOC to the Juvare Support Center.
Assumptions
The following assumptions exist:
a. The Client will manage internal stakeholders to assist in the forward progression of the project.
b. The Client is not using Browser Compatibility Mode.
c. The Client can access web conferencing tools such as Zoom for remote meetings and validation.
d. The Client will provide a named Project Manager who will serve as the primary point of contact (“Client POC”) for ongoing project planning and project communications efforts.
Project Manager: Aaron Mulder
Phone Number: (706) 830-7190
Email: [email protected]
e. The Services provided by Juvare, under this SOW, shall be conducted during the “standard business hours” for this SOW at the fees set forth herein (Any Services to which both parties agree that are provided outside of standard business hours shall be subject to additional charges unless otherwise stated herein.) Regular business hours for this SOW are 8:00 a.m. to 5:00 p.m.
Eastern Time, Monday through Friday (excluding holidays). f. Scheduling of resources and Services will be provided upon Juvare’s receipt of the Agreement, with this SOW incorporated, signed by the Client. The dates for performing all Services hereunder are subject to the parties’ mutual written agreement.
g. If the Client requests that the project be delayed for more than 30 calendar days once the project schedule has been agreed upon, the Client must notify Juvare in writing of such request. When the Client is ready to reengage on the project, written notice must be provided to Juvare. All project resources will be unassigned from the project at the time the project is put on hold. Juvare will work with the Client during re-engagement to determine a new, mutually agreeable project schedule. The original Juvare project team is not guaranteed to be available for the new project schedule.
h. Onsite Services by Juvare resources are not expected for purposes of this SOW. Should on-site Services be deemed necessary, all travel, living, and out- Confidential and Proprietary
ESi+temp_662FC4.docx Page 31 of 35
of-pocket expenses (“Travel Expenses”) incurred by Juvare in the performance of Services hereunder shall be paid by the Client to Juvare, shall be invoiced by Juvare monthly as incurred, and are due and payable by The Client consistent with the terms applicable to other invoices under this SOW and the Agreement.
i. Juvare shall not be obligated to provide Services hereunder on or after six (6) months of the SOW Effective Date. A change request may extend these Services before the expiration date; however, such a change request is not enforceable unless and until executed by both parties.
j. The Client shall provide Juvare with remote access to the Software as a condition to provide all Services.
k. Other than the Subscription provided under the Agreement and implemented under this SOW, no new Software licenses are being provided or purchased by the Client under the Agreement or this SOW. The Client is receiving a Software-as-a-Service subscription to the software.
l. The Client is responsible for the dissemination or modification of process documentation.
m. Any additional person-hours of Services required to be performed by Juvare because the Client fails to comply with its obligations hereunder, for example, the Client delays or increases in the scope of Services under this SOW, shall be invoiced to the Client at Juvare’s then-current rate for such Services (and such charges are in addition to the charges set forth below). All invoiced charges are due and payable according to the payment terms outlined in this SOW (or if none, the terms of the Agreement).
•Services Engagement
Your Juvare Agile Project Manager will engage as follows:
a. Upon Juvare’s receipt of the Agreement, with this SOW incorporated and signed by the Client, the Juvare Agile Project Manager will contact the Client POC to schedule a project kick-off call and schedule the dates for the Services. b. Any project-related calls will be scheduled through the Juvare Agile Project Manager with the Client POC
c. The Juvare Agile Project Manager will provide the Client POC with the project timeline and email status updates.
d. Once the Project is complete, the Juvare Agile Project Manager will coordinate a closeout call with the Client POC to finalize the engagement and send the Implementation Completion Form for signature by the Client.
Confidential and Proprietary
ESi+temp_662FC4.docx Page 32 of 35
•Delivery
Services will be deemed delivered 24 hours after completion of the Services. The Client will have fourteen (14) calendar days from receipt to review and identify defects. Juvare shall perform the Services professionally and skillfully.
Provided that the Client offers Juvare written notice within 14 days of the date of performance of Services that fail to comply with the preceding, Juvare shall re-perform such Services in compliance with this SOW at no additional charge; provided, however, delays or changes in scope will incur extra person-hours of services by Juvare and such additional person-hours of services shall be invoiced as outlined in this SOW. The remedies in this Section 3.0 shall be the Client’s sole and exclusive remedy, and Juvare’s entire liability, for any failure of any Services to comply with this Section 3.0.
•Service Deliverables
The following deliverables will be provided to the Client as part of the Services identified in this SOW:
a. Technical Installation
b. Training Delivery
c. WebEOC Enhancements utilizing 80 SCP Hours (Expire 6 months after implementation date).
d. Go Live on all solutions.
•Charges
Juvare’s price for this effort in accordance with Quote Q-12811 is:
Contract Total *plus applicable taxes: $186,861.43
Confidential and Proprietary
ESi+temp_662FC4.docx Page 33 of 35
•Juvare Contact Information
Business Solutions Professional Services
Bryan Hovde Aaron Mulder
Client Success Manager Agile Project Manager
Mobile: 714-986-6545 Mobile: 706-830-7190
[email protected] [email protected]
•Additional Terms and Conditions
a. This SOW is valid for 90 days from the Agreement Effective Date. b. Requests for modifications to this SOW after Juvare’s receipt of the Agreement, with this SOW incorporated and signed by the Client, will require a written change order similar to Appendix A attached hereto and executed by both parties.
c. Significant changes in scope may require a new or revised SOW and additional expenses.
d. Receipt by Juvare of the Agreement, with this SOW incorporated and signed by the Client, authorizes work to begin.
e. The Client requests to reschedule the Services once scheduled by Juvare are subject to a USD 500.00 rescheduling fee in addition to any non-refundable Travel Expenses incurred by Juvare.
f. Rescheduling will be subject to Juvare’s standard scheduling policies based on available resources.
g. Nothing herein obligates either party to enter engagements beyond that stated herein.
h. Notwithstanding participation by the Client’s user community members in requirements development, payment, or other project activities, the Client’s rights and obligations under the Agreement may not be transferred or assigned. i. This SOW, the Agreement, and any mutually agreed upon change orders set forth the entire agreement of the Client and Juvare concerning the Service and the Deliverables, if any, to be provided by Juvare hereunder and supersede any oral or written agreements or understandings between the parties, as to the subject matter of this SOW or the Agreement.
j. CLIENT EXECUTION OF THE AGREEMENT, WITH THIS SOW
INCORPORATED, INITIATES WORK SCHEDULING. THE ACTUAL START Confidential and Proprietary
ESi+temp_662FC4.docx Page 34 of 35
TIME WILL BE SUPPLIED AFTER SCHEDULING IS DETERMINED.
CANCELLATIONS (IF AGREED UPON) WILL INCUR SERVICES PERFORMED AND TRAVEL EXPENSES INCURRED TO DATE.
•Agreement of Parties
IN WITNESS OF WHICH, the parties have caused this SOW to be executed by their duly authorized representatives.
City of Lake Elsinore CA Juvare
By: _____________________________ By: _____________________________ Name: ____________________________ Name: ____________________________ Title: _____________________________ Title: _____________________________ Date: _____________________________ Date: _____________________________ PLEASE RETURN THIS SOW (EXECUTED BY CLIENT) BY EMAIL TO:
[email protected]
/End of SOW
Confidential and Proprietary
ESi+temp_662FC4.docx Page 35 of 35
APPENDIX A: Change Order Form
Change
Number
Change
Type
Description
of Change
Requestor Date
Submitted
Date
Approved
Status
Special Notes or Comments
Juvare Approvals
Name Signature Date Approved
(Yes/No)
Juvare
Juvare
Client Approvals
Name Signature Date Approved
(Yes/No)
Client
Client
/End of Appendix A
13)
Notice of Completion on Via De La Valle Landscape Improvement (CIP Project #Z10009)
Accept the improvements to the Via De La Valle Landscape Improvement Project (#Z10009) completed by Jon Gilmer Construction and authorize the City Clerk to record the Notice of Completion.
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Rick De Santiago, Public Works Manager
Date:February 27, 2024
Subject:Notice of Completion on Via De La Valle Landscape Improvement (CIP Project #Z10009)
Recommendation
Accept the improvements to the Via De La Valle Landscape Improvement Project (#Z10009) completed by Jon Gilmer Construction and authorize the City Clerk to record the Notice of Completion.
Background
The City Council approved a contract with Jon Gilmer Construction for the work specified as Via De La Valle Landscape Improvement Project (#Z10009). All of the work has been completed per the plans for this project. The City has received final billing and invoicing, and the contractor paid in full.
Discussion
This contractor has completed the corresponding scope of work for the subject project.
Fiscal Impact
Funding for this project was allocated under the City’s CIP budget.
Attachments
Attachment 1- Notice of Completion
M S U PAGE SIZE DA PCOR NOCOR SMF MISC.
A R L COPY LONG REFUND NCHG EXAM
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Name City of Lake Elsinore
Street 130 S. Main Street
Address
City & State Lake Elsinore CA 92530
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is City of Lake Elsinore
3. The full address of the owner is130 S. Main Street, Lake Elsinore, CA 92530
4. The nature of the interest or estate of the owner is in fee.
Via De La Valle Landscape Improvement
(If other than fee, strike “in Fee” and insert, for example, “purchaser under contract of purchase,” or “lessee”)
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
None
6. A work of improvement on the property hereinafter described was completed on November 9, 2023 . The work done was:
Via De La Valle Landscape Improvements The name of the contractor, if any, for such work of improvement was:
Jon Gilmer Construction 12362 Baja Panorama Santa Ana, Ca 92705 November 8, 2022 (If no contractor for work of improvement, insert “none”) (Date of Contract)
8. The property on which said work of improvement was completed is in the City of Lake Elsinore County of Riverside , State of California, and is described as follows: Via De La Valle Landscape Improvement
9. The street address of said property is 130 S. Main Street Lake Elsinore, CA 92530 (If no street address has been officially assigned, insert “none”)
Dated:
City Clerk: Candice Alvarez, MMC
VERIFICATION
I, the undersigned, say: I am the the declarant of the foregoing. (“President of,” “Manager of,” “A partner of,” “Owner of,” etc.) notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on February 27 , 20 24 , at City of Lake Elsinore , California. (Date of signature) (City where signed)
(Per sona l si gnatur e o f t h e i n d i v i d u a l w h o i s s w e a r i n g t h a t t h e c o n t e n t s o f t h e n o t i c e o f c o m p l e t i o n a r e t r u e)
14)
Amendment No. 1 to the Contractor Services Agreement with M & M Air Conditioning, Inc. for On-call Services
Approve and authorize the City Manager to execute Amendment No. 1 to the Contractor Services Agreement with M & M Refrigeration, Air Conditioning & Heating for Citywide Facilities Repairs and Services in an amount not to exceed $20,000.00 in such final form as approved by the City Attorney.
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:February 27, 2024
Subject:Amendment No. 1 to the Contractor Services Agreement with M & M Air Conditioning, Inc. for On-call Services
Recommendation
Approve and authorize the City Manager to execute Amendment No. 1 to the Contractor Services Agreement with M & M Refrigeration, Air Conditioning & Heating for Citywide Facilities Repairs and Services in an amount not to exceed $20,000.00 in such final form as approved by the City Attorney.
Background
M & M Refrigeration, Air Conditioning & Heating has provided services to the City of Lake Elsinore for the past year. The benefits of these Contractor Services include the following numerous advantages:
•Air Conditioning Repairs •Heating System Repairs
•Air Conditioning Installation •Heating System Installation •Air Conditioning Maintenance •Heating System Maintenance Amendment No. 1 with M & M Air Conditioning
1 0
6 3
Discussion
Amendment No. 1 is being requested to incorporate additional services at the Community Center. Below is the additional scope of work:
Provide a scissor lift for access
•Install (4) new T8900 thermostats
•Install (4) new wall-mount sensors
•Install wire mold and boxes for sensors
•Install new low-voltage wiring for thermostats and sensors •Start-up and test equipment
Fiscal Impact
Funds are available in the City’s Fiscal Year 23-24 Annual Operating Budget.
Attachments
Attachment 1 - Amendment No. 1
Exhibit A - Estimate
Attachment 2 - Original Agreement
3 7
1 2
8 AMENDMENT NO. 1
TO AGREEMENT FOR CONTRACTOR SERVICES
M & M Air Conditioning, Inc.
On-Call Citywide Facility Repairs & Services
This Amendment No. 1 to Agreement for Contractor Services is made and entered into as of 2/27/2024, by and between the City of Lake Elsinore, a municipal corporation (“City), and M & M Air Conditioning, Inc, a Corporation (“Contractor”).
RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of 11/14/2023, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
B. The Original Agreement provided for compensation to Contractor in an amount of Ten Thousand dollars ($10,000.00).
C. The Original Agreement had a term of three (3) years and allows the City to extend the term on a 12-month basis, not to exceed two (2) additional 12-month renewals.
D. The parties now desire to amend and increase the payment for such services as set forth in this Amendment No. 1.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows:
1. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows:
Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor’s Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor’s annual compensation exceed twenty thousand dollars and no cents ($20,000.00) without additional written authorization from the City.
Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A, shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
2. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below.
3 7
1 2
8 “CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
M & M Air Conditioning, Inc., a Corporation
_____________________________________
City Manager
Mitch Kobzeff, Owner
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
Attachments: Exhibit A – Contractor ’s Proposal
EXHIBIT A-1
CONTRACTOR ’S PROPOSAL
[ATTACHED]
M & M AIR CONDITIONING, INC.
33812 Zeiders Road, Menifee, CA 92584
Phone: (951) 672-6232, Fax: (951) 672-6231
Contractor License # 628341 DIR# 1000792921
October 31, 2023
City of Lake Elsinore
521 N. Langstaff
Lake Elsinore, CA 92530
Email: [email protected]
Attn : Luis Ceja
This is the labor price sheet you requested
Monday – Friday:
• 8:00 – 4:00 o’clock $ 150.00 per hour
Saturday:
• 8:00 – 2:00 o’clock Time and Half plus travel
Sunday, Holidays and After Hours: Double Time plus travel
If you have any questions you can reach the office at (951) 453-1908
Thank you,
Mitch Kobzeff
M&M Air Conditioning, Inc.
DocuSign Envelope ID: 0F44E0BE-8093-4D7C-ACED-F9E2F9047E6F
AGREEMENT FOR CONTRACTOR SERVICES
M & M Air Conditioning, Inc.
ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of November 14, 2023 by and between the City of Lake Elsinore, a municipal corporation (the “City”) and M & M Air Conditioning, Inc., a Corporation (the “Contractor”).
RECITALS
A. The City has determined that it requires the following services:
Refrigeration, Air Conditioning & Heating for Citywide Facilities Repairs & Services.
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated October 31, 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.
DocuSign Envelope ID: 0F44E0BE-8093-4D7C-ACED-F9E2F9047E6F
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 Ten Thousand Dollars and Zero Cents ($10,000.00 ) 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 DocuSign Envelope ID: 0F44E0BE-8093-4D7C-ACED-F9E2F9047E6F
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 DocuSign Envelope ID: 0F44E0BE-8093-4D7C-ACED-F9E2F9047E6F
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.
DocuSign Envelope ID: 0F44E0BE-8093-4D7C-ACED-F9E2F9047E6F
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.
DocuSign Envelope ID: 0F44E0BE-8093-4D7C-ACED-F9E2F9047E6F
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, DocuSign Envelope ID: 0F44E0BE-8093-4D7C-ACED-F9E2F9047E6F
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: M & M Air Conditioning, Inc.
Attn: Mitch Kobzeff
33812 Zeiders Road
Menifee, CA 92584
DocuSign Envelope ID: 0F44E0BE-8093-4D7C-ACED-F9E2F9047E6F
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, DocuSign Envelope ID: 0F44E0BE-8093-4D7C-ACED-F9E2F9047E6F
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”
M & M Air Conditioning, Inc., a Corporation
DocuSign Envelope ID: 0F44E0BE-8093-4D7C-ACED-F9E2F9047E6F
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
By: Mitch Kobzeff
Its: Owner
Attachments: Exhibit A – Contractor’s Proposal
DocuSign Envelope ID: 0F44E0BE-8093-4D7C-ACED-F9E2F9047E6F
EXHIBIT A
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
DocuSign Envelope ID: 0F44E0BE-8093-4D7C-ACED-F9E2F9047E6F
M & M AIR CONDITIONING, INC.
33812 Zeiders Road, Menifee, CA 92584
Phone: (951) 672-6232, Fax: (951) 672-6231
Contractor License # 628341 DIR# 1000792921
October 31, 2023
City of Lake Elsinore
521 N. Langstaff
Lake Elsinore, CA 92530
Email: [email protected]
Attn : Luis Ceja
This is the labor price sheet you requested
Monday – Friday:
• 8:00 – 4:00 o’clock $ 150.00 per hour
Saturday:
• 8:00 – 2:00 o’clock Time and Half plus travel
Sunday, Holidays and After Hours: Double Time plus travel
If you have any questions you can reach the office at (951) 453-1908
Thank you,
Mitch Kobzeff
M&M Air Conditioning, Inc.
DocuSign Envelope ID: 0F44E0BE-8093-4D7C-ACED-F9E2F9047E6F DocuSign Envelope ID: 0F44E0BE-8093-4D7C-ACED-F9E2F9047E6F
CITY OF LAKE ELSINORE
TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:
Business Location:
Owner Name(s):
BUSINESS LICENSE NO.
Issue Date: Expiration Date:
BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
33812 ZEIDERS RD Business Type:
MENIFEE, CA 92584-9615
M & M AIR CONDITIONING INC.
33812 ZEIDERS RD
MENIFEE, CA 92584-9615
This business license is issued for revenuepurposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by t he state, county, feder al government, or any other governmental agency.
Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951 ) 674-3124
M & M AIR CONDITIONING INC.
M & M AIR CONDITIONING INC.
HVAC CONTRACTOR
026922
7/1/2023 6/30/2024
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ DocuSign Envelope ID: 0F44E0BE-8093-4D7C-ACED-F9E2F9047E6F
15)
Minutes of the Regular Successor Agency Meeting of February 13, 2024 Approve the Minutes.
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:February 27, 2024
Subject:Minutes of the Regular Successor Agency Meeting of February 13, 2024 Recommendation
Approve the Minutes.
Attachments
Attachment 1- Draft Minutes
City of Lake Elsinore
City Council Meeting
Minutes – Draft
Steve Manos, Mayor
Brian Tisdale, Mayor Pro Tem
Timothy J. Sheridan, Council Member
Natasha Johnson, Council Member
Robert E. Magee, Council Member
Jason Simpson, City Manager
Meeting Date:
February 13, 2024
Closed Session: 5:00 PM
Public Session: 7:00 PM
Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530
CALL TO ORDER – 5:00 P.M.
The Regular Meeting of the City Council was called to order at 5:00 p.m.
ROLL CALL
Present: 5 - Council Members Johnson, Magee, and Sheridan; Mayor Pro Tem Tisdale; and Mayor Manos
Absent: 0 - None
PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
There were no speakers.
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Gov’t Code Section 54956.9: 4 Potential Cases
B. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Paragraph (1) of Subdivision (d) of Gov’t Code Section 54956.9): Kokozian v. City of Lake Elsinore; Case No. 5:23-CV-02651-MCS-SHK
C. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Gov’t Code Section 54956.9: 1 Potential Case
RECONVENE/CALL TO ORDER – 7:00 P.M.
The Regular Meeting of the City Council reconvened and the Regular Meeting of the Successor Agency was called to order at 7:00 p.m.
City Council Minutes - Draft February 13, 2024
City of Lake Elsinore Page 2
PLEDGE OF ALLEGIANCE
Mayor Manos led the Pledge of Allegiance.
ROLL CALL
Present: 5 - Council/Agency Members Johnson, Magee, and Sheridan; Mayor Pro Tem/Vice Chair Tisdale; and Mayor/Chair Manos
Absent: 0 - None
CLOSED SESSION REPORT
City Attorney Leibold reported that three items were discussed; however, no reportable action was taken.
PRESENTATIONS/CEREMONIALS
1) Calfire 2023 Fourth Quarter Statistical Update
Chief Olson presented the update.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
Chris Shoults was called to speak.
CITY COUNCIL CONSENT CALENDAR
A motion was made by Council Member Johnson, seconded by Mayor Pro Tem Tisdale to approve the City Council Consent Calendar with Item Nos. 5 and 11 being removed for discussion. The motion carried by the following vote:
Aye: 5 Council Members Johnson, Magee, and Sheridan; Mayor Pro Tem Tisdale; and Mayor Manos
Nay: 0 None
2) Minutes of the Regular City Council Meeting of January 23, 2024 and Special City Council Meeting of January 30, 2024
Approve the Minutes.
This item was approved on the City Council Consent Calendar.
3) CC Warrant Report Dated December 29, 2023 to January 11, 2024
Receive and File.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft February 13, 2024
City of Lake Elsinore Page 3
4) Fiscal Year 2023-2024 Mid-year Operating Budget Status Report
1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE FY 2023 -2024 ANNUAL OPERATING BUDGET FOR MID-YEAR ADJUSTMENTS; and
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, REVISING THE SCHEDULE OF AUTHORIZED POSITIONS.
This item was approved on the City Council Consent Calendar.
5) Appointment to the Measure Z Citizens Committee
Appoint Timarie Wooley (District 4) to serve on the Lake Elsinore Measure Z Citizens Committee for a term expiring December 31, 2025.
This item was removed from the City Council Consent Calendar for discussion.
6) Professional Services Agreement with STK Architecture Services, Inc. for the Conceptual Design Plan for the New Library
Approve and authorize the City Manager to execute an agreement with STK Architecture, Inc. for the purchase of a Conceptual Design Plan in an amount not to exceed $66,500.00 and in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $6,650.00 for uncertainties and adjustments.
This item was approved on the City Council Consent Calendar.
7) County Service Area 152 and Setting the Benefit Assessment Unit Rate for Fiscal Year 2024 -25 for the City of Lake Elsinore to Fund the City’s National Pollutant Discharge Elimination System (NPDES) Permit Compliance Activities
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAINTAINING COUNTY SERVICE AREA 152 AND AUTHORIZING THE BENEFIT ASSESSMENT UNIT RATE FOR FISCAL YEAR 2024 -25 FOR THE CITY OF LAKE ELSINORE TO FUND THE CITY’S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT PROGRAM.
This item was approved on the City Council Consent Calendar.
8) Resolution in Support of Expanded Higher Education and Funding for Tenant Improvements to Create an Expanded Presence for California State University San Marcos at the Mt. San Jacinto College Campus in Temecula Valley
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, SUPPORTING THE NEED FOR EXPANDED PUBLIC HIGHER
EDUCATION INSTITUTIONS WITHIN SOUTHWESTERN RIVERSIDE COUNTY AND
FUNDING FOR THE COST OF TENANT IMPROVEMENTS TO CREATE AN
EXPANDED PRESENCE FOR CALIFORNIA STATE UNIVERSITY SAN MARCOS AT THE MT. SAN JACINTO COLLEGE CAMPUS IN TEMECULA VALLEY.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft February 13, 2024
City of Lake Elsinore Page 4
9) Professional Services Agreement With TC Sports for Operational Services of Rosetta Canyon Sports Park
Approve and authorize the City Manager to execute a Professional Services Agreement with TC Sports, Inc. in an amount not to exceed $250,000.00 per year for management services, $62,500 for field maintenance, plus reimbursables for Rosetta Canyon Sports Park, in such final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
10) July 4th Fireworks Celebration on the Lake
Approve and authorize the City Manager to execute a Production Agreement with Pyro Spectaculars, Inc. in an amount not to exceed $48,000 for the 4th of July Annual Fireworks Spectacular in such final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
11) Notice of Decision – Planning Commission Approval of Planning Application No. 2020-89 (Elsinore Market) for a Commercial Design Review to develop a 7,500 Sq. Ft. Grocery Market with Take-out Restaurant and Related Site Improvements on an approximately 0.48- acre Site Located on Main Street between Franklin Street and Heald Avenue
Receive and File the Notice of Decision for Planning Application No. 2020- 89 approved by the Planning Commission on January 16, 2024.
This item was removed from the City Council Consent Calendar for discussion.
12) Notice of Decision – Planning Commission Approval of Planning Application No. 2023-15 (Starbucks - Collier Ave) for a Conditional Use Permit to Establish a New Starbucks Coffee Shop with a Drive- through and Outdoor Dining Area and a Design Review for Minor Modifications to the Existing Building, Site Circulation, Parking Layout, Landscaping, and Related on Site Improvements Located at 18295 Collier Avenue
Receive and File the Notice of Decision for Planning Application No. 2023- 15 approved by the Planning Commission on January 16, 2024.
This item was approved on the City Council Consent Calendar.
13) Agreement for On -Call Services with Commercial Transportation Services, Inc. for Driver Training
Approve and authorize the City Manager to execute the Professional Services Agreement with Commercial Transportation Services, Inc., for On -Call Services for Driver Training in an amount not to exceed $24,985.44 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 $2,498.00 for unanticipated costs.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft February 13, 2024
City of Lake Elsinore Page 5
14) Change Order No. 2 to the Public Works Construction Agreement with NPG, Inc. for the Asphalt Repairs, Slurry Seal, and Striping for 11 Park Parking Lots
Approve and authorize the City Manager to execute Change Order No. 2 to the Public Works Construction Agreement with NPG, Inc. in an amount not to exceed $116,767.00 for the Asphalt Repairs, Slurry Seal, and Striping of 11 Park Parking Lots, Project No. Z40023 in such final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
15) Notice of Completion on Swick & Matich Park Concession Stand Renovation (CIP Project #Z20005)
Accept the improvements to the Swick & Matich Park Concession Stand Renovation Project (#Z20005) completed by Servpro of Chino/Chino Hills and authorize the City Clerk to record the Notice of Completion.
This item was approved on the City Council Consent Calendar.
16) Notice of Completion on Swick & Matich Park Remodel (CIP Project #Z40023)
Accept the improvements to the Swick & Matich Park Remodel Project (#Z40023) completed by Unique Builders of California (UBCA) and authorize the City Clerk to record the Notice of Completion.
This item was approved on the City Council Consent Calendar.
17) Notice of Completion on Annual Traffic Striping Maintenance Program (CIP Project #Z10004)
Accept the improvements to the Annual Traffic Striping Maintenance Program Project (#Z10004) completed by Superior Pavement Markings Inc. and authorize the City Clerk to record the Notice of Completion.
This item was approved on the City Council Consent Calendar.
18) Amendment No. 1 to Agreement with Advanced Heating & Air Conditioning for Citywide Facilities Repairs & Services
Approve and authorize the City Manager to execute Amendment No. 1 to the On- Call Contractor Services Agreement with Advanced Heating & Air Conditioning for Citywide Facilities Repairs & Services in an amount not to exceed $40,000.00 per Fiscal Year in such final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft February 13, 2024
City of Lake Elsinore Page 6
ITEMS REMOVED FROM THE CITY COUNCIL CONSENT CALENDAR FOR DISCUSSION
5) Appointment to the Measure Z Citizens Committee
Appoint Timarie Wooley (District 4) to serve on the Lake Elsinore Measure Z Citizens Committee for a term expiring December 31, 2025.
A motion was made by Council Member Johnson, seconded by Mayor Manos to approve staff’s recommendation. The motion carried by the following vote:
Aye: 5 Council Members Johnson, Magee, and Sheridan; Mayor Pro Tem Tisdale; and Mayor Manos
Nay: 0 None
11) Notice of Decision – Planning Commission Approval of Planning Application No. 2020-89 (Elsinore Market) for a Commercial Design Review to develop a 7,500 Sq. Ft. Grocery Market with Take-out Restaurant and Related Site Improvements on an approximately 0.48- acre Site Located on Main Street between Franklin Street and Heald Avenue
Receive and File the Notice of Decision for Planning Application No. 2020- 89 approved by the Planning Commission on January 16, 2024.
Assistant Community Development Director Abraham presented the staff report.
A motion was made by Council Member Johnson, seconded by Council Member Magee to receive and file the Notice of Decision. The motion carried by the following vote:
Aye: 5 Council Members Johnson, Magee, and Sheridan; Mayor Pro Tem Tisdale; and Mayor Manos
Nay: 0 None
SUCCESSOR AGENCY CONSENT CALENDAR
A motion was made by Agency Member Johnson, seconded by Vice Chair Tisdale to approve the Successor Agency Consent Calendar. The motion carried by the following vote:
Aye: 5 Agency Members Johnson, Magee, and Sheridan; Vice Chair Tisdale; and Chair Manos
Nay: 0 None
19) Minutes of the Regular Successor Agency Meeting of January 23, 2024
Approve the Minutes.
This item was approved on the Successor Agency Consent Calendar.
20) SA Warrant Report Dated December 29, 2023 to January 11, 2024
Receive and File.
This item was approved on the Successor Agency Consent Calendar.
City Council Minutes - Draft February 13, 2024
City of Lake Elsinore Page 7
21) Amendment No. 1 to On -call and Construction Contractor Services Agreements in Support of Successor Agency of the Redevelopment Agency of the Agency of Lake Elsinore Minor Construction and Maintenance Operations
Approve and authorize the Executive Director to execute Amendment No. 1 to the On- Call Minor Construction Contractor Services Agreements with Endresen Development, Inc. in the amount of $150,000, Cotter Construction in the amount of $250,000, and Unique Builders of California, Inc. in the amount of $285,000 in the forms attached and in such final form as approved by Agency Counsel.
This item was approved on the Successor Agency Consent Calendar.
BUSINESS ITEM
22) City Treasurer Vacancy
1. Adopt AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AMENDING LAKE ELSINORE MUNICIPAL CODE SECTION 2.42.070 REGARDING FAILURE TO FILL A VACANCY OF THE CITY TREASURER SEAT;
2. Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING LAKE ELSINORE MUNICIPAL CODE SECTION 2.42.070 REGARDING FAILURE TO FILL A VACANCY OF THE CITY TREASURER SEAT; and
3. Pursuant to Government Code section 36512, take one of the following actions:
A. Nominate and appoint a qualified individual to fill the vacancy for the City Treasurer seat;
B. Accept applications until March 1, 2024, consider submitted applications, and appoint a qualified individual to fill the vacancy for the City Treasurer seat at the March 12, 2024 City Council meeting; or
C. Call a Special Election and adopt the following Resolutions:
a. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, CALLING FOR THE HOLDING OF AN ALL -
MAIL BALLOT SPECIAL MUNICIPAL ELECTION ON TUESDAY, AUGUST 6, 2024, FOR THE ELECTION TO FILL A VACANCY OF THE CITY
TREASURER AS REQUIRED BY THE PROVISIONS OF THE LAWS OF
THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES;
b. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES
STATEMENTS SUBMITTED TO THE VOTERS AT AN ALL -MAIL BALLOT
SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY AUGUST 6, 2024; and
City Council Minutes - Draft February 13, 2024
City of Lake Elsinore Page 8
c. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF RIVERSIDE TO RENDER
SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF
AN ALL -MAIL BALLOT SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, AUGUST 6, 2024 TO FILL A VACANCY OF THE CITY TREASURER.
City Clerk Alvarez presented the staff report.
There were no speakers.
A motion was made by Council Member Johnson, seconded by Mayor Pro Tem Tisdale to adopt the Urgency Ordinance in Recommendation No. 1. The motion carried by the following vote:
Aye: 5 Council Members Johnson, Magee, and Sheridan; Mayor Pro Tem Tisdale; and Mayor Manos
Nay: 0 None
A motion was made by Council Member Johnson, seconded by Mayor Pro Tem Tisdale to introduce by title only and waive further reading of the Ordinance in Recommendation No. 2. The motion carried by the following vote:
Aye: 5 Council Members Johnson, Magee, and Sheridan; Mayor Pro Tem Tisdale; and Mayor Manos
Nay: 0 None
A motion was made by Council Member Johnson, seconded by Council Member Sheridan to to approve Recommendation No. 3B and direct the budget subcommittee to review applications and make a recommendation to be presented to the City Council at its meeting on March 12, 2024. The motion carried by the following vote:
Aye: 5 Council Members Johnson, Magee, and Sheridan; Mayor Pro Tem Tisdale; and Mayor Manos
Nay: 0 None
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - THREE MINUTES
There were no speakers.
CITY ATTORNEY COMMENTS
City Attorney Leibold had no comments.
CITY MANAGER'S COMMENTS
City Manager Simpson announced that the nanobubbler was activated in the lake.
City Council Minutes - Draft February 13, 2024
City of Lake Elsinore Page 9
CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED
Council Member Johnson reported on her attendance at the Western Riverside County Regional Conservation Authority meeting on February 5, 2024; congratulated Timarie Wooley on her appointment to the Measure Z Citizens Committee; provided updates from the Homeless Task Force; congratulated Lake Elsinore Valley Chamber of Commerce Installation nominees and shared that the Annual Installation & Awards Ceremony will be held on March 2, 2024; and congratulated the students of the month.
Council Member Magee advised of the Riverside County Transportation Commission meeting to be held on Wednesday, February 14, 2024; provided updates on the lake and its levels; invited the community to attend the SCCA Cal Autocross weekend February 17 -18, 2024 at Diamond Stadium; and announced the Dream Extreme Fishing Derby on May 18, 2024 at 6:00 a.m. at Launch Pointe.
Council Member Sheridan reported on his attendance at the Riverside Transit Agency Budget and Finance Committee meeting on February 7, 2024 and announced the Agency’s Free Ride Fridays through June 28, 2024; reported on his attendance at the League of California Cities 2024 Mayor and Council Members Academy; reported on his attendance at the Downtown Merchant Owners Association meeting on February 1, 2024; reported on his attendance at the Historical Society meeting on February 6, 2024; shared an update from the town hall meeting he hosted with Council Member Magee; shared photos from the Elsinore Valley Champions special needs baseball opening day; invited the community to attend the Live Under the Stars event on March 9, 2024 from 6:00 –
9:00 p.m. in Downtown featuring live music by Dani Rose; announced the Lake Elsinore Storm’s opening day game on April 5, 2024 at 6:45 p.m. at Diamond Stadium; and shared information regarding the Storm Kidz Club.
Mayor Pro Tem Tisdale reminded residents to dump water that may have collected after the recent rain events; reported on his attendance at the CALCOG 2024 Regional Leadership Forum February 7- 9, 2024; reminded residents to submit their ballot for the March 5, 2024 Primary Election; and thanked staff for their response throughout the recent storms.
Mayor Manos reported on his attendance at the Southern California Association of Governments Regional Council and Transportation Committee meetings on February 1, 2024, and the Riverside County Habitat Conservation Agency Committee meeting on February 8, 2024; shared photos of the new Animal Friends of the Valleys Spay and Neuter Clinic; congratulated Dutch Bros. Coffee on its grand opening; and announced the activation of the nanobubbler in the lake.
ADJOURNMENT
The Lake Elsinore City Council adjourned at 8:01 p.m. to the next Regular meeting of Tuesday, February 27, 2024 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.
16)
SA Warrant Report Dated January 12, 2024 to February 01, 2024 Receive and File.
REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY
OF LAKE ELSINORE
To:Honorable Agency Chair and Members of the Successor Agency From:Jason Simpson, Executive Director
Prepared by:Shannon Buckley, Assistant Executive Director Date:February 27, 2024
Subject:SA Warrant Report Dated January 12, 2024 to February 01, 2024 Recommendation
Receive and File.
Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City of Lake Elsinore for the abovementioned period.
Attachments
Attachment 1 - SA Warrant Summary
Attachment 2 - SA Warrant Listing
JAN 12, 2024 TO FEB 01, 2024 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III 6,782.79$
540 SARDA DIAMOND STADIUM 407,891.89
GRAND TOTAL 414,674.68$
Attachment 1 1 of 1
JAN 12, 2024 TO FEB 01, 2024 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA24001824 WILMINGTON TRUST 2,500.00$
APA24001736 HDL COREN & CONE 5,267.92$
APA24001763 UNIQUE BUILDERS OF CALIFORNIA 225,195.60$
APA24001667 LAKE ELSINORE STORM 96,784.25$
APA24001817 SOUTHERN CALIFORNIA EDISON 27.19$
6277 LEIBOLD, MCCLENDON, & MANN (985.13)$
6288 AK SECURITY ALARM 8,947.98$
6372 ENDRESEN DEVELOPMENT 16,334.54$
6374 ENDRESEN DEVELOPMENT 27,618.43$
6373 ENDRESEN DEVELOPMENT 20,821.40$
6381 PROSTAFF 12,162.50$
GRAND TOTAL 414,674.68$
Attachment 2 1 OF 1
17)
SA Investment Report for November 2023
Receive and file the Investment Report for November 2023.
REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY
OF LAKE ELSINORE
To:Honorable Agency Chairman and Members of the Successor Agency From:Jason Simpson, Executive Director
Prepared by:Shannon Buckley, Assistant Executive Director Date:February 27, 2024
Subject:SA Investment Report for November 2023
Recommendation
Receive and file the Investment Report for November 2023.
Discussion
The Investment Report is a listing of all funds invested for the City of Lake Elsinore and includes funds held for the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore as of the date shown on the report.
Fiscal Impact
No fiscal impact.
Attachments
Attachment 1- Investment Report for November 2023
CITY OF LAKE ELSINORE
INVESTMENT REPORT
BANK DEPOSITS OUTSTANDING BOOK
CASH ACCOUNTS BALANCE IN TRANSIT PAYMENTS BALANCE
Bank Accounts:
General Checking Account 6,191,288 $ 237,472 $ (34,339) $ 6,394,420 $ Cash On Hand:
Cashier Drawers #1 & #2 - - - 300 City of Lake Elsinore Petty Cash Fund - - - 2,000 Total Cash Accounts 6,191,288 237,472 (34,339) 6,396,720
INVESTMENTS
Local Agency Investment Funds 42,722,208 - - 42,722,208 CAMP Investments:
CAMP Pool Account 1,186,909 - - 1,186,909 U.S. Treasury Bond / Note 20,689,534 - - 20,689,534 Supra-National Agency Bond / Note 634,530 - - 634,530 Municipal Bond / Note 1,536,023 - - 1,536,023 Federal Agency Commercial Mortgage-Backed Security 6,586,855 - - 6,586,855 Federal Agency Bond / Note 3,263,608 - - 3,263,608 Corporate Note 12,345,942 - - 12,345,942 Certificate of Deposit 900,000 - - 900,000 Asset-Backed Security 5,264,982 - - 5,264,982 Sub-total Investments 95,130,590 - - 95,130,590 Market Value Adjustment:
Unrealized Gain/(Loss) at 09/30/2023 (2,410,517) - - (2,410,517) Total Investments 92,720,073 - - 92,720,073 Total Pooled Cash and Investments 98,911,361 $ 237,472 $ (34,339) $ 99,116,793 $ TOTAL POOLED CASH AND INVESTMENTS 99,116,793$
I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on June 28, 2022. A copy of this policy is available in the office of the City Clerk. The pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures.
Jason P. Simpson February 8, 2024
City Manager Date
C I T Y O F L A K E E L S I N O R E
INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS
AS OF NOVEMBER 30, 2023
FUND NO FUND NAME AMOUNT
100 General 9,524,165 $
102 Measure Z 15,198,844
106 Affordable Housing In Lieu 759,168
107 Developer Agreement Revenue 180,106
108 American Rescue Plan 6,386,998
109 Road Maintenance and Rehabilitation (SB1) 709,496
110 State Gas Tax 636,400
112 Measure A 1,117,763
114 SB1186 CASP Education Program 60,184
115 Traffic Safety 41,781
116 City Hall-Public Works DIF 97,001
117 Community Center DIF 225,026
118 Lake Side Facility DIF 359,104
119 Animal Shelter DIF 39,946
121 T.R.I.P.-2014A 507
135 Lighting & Landscape Maintenance - Dist. No. 1 1,011,228 140 Geothermal 11,825
160 PEG Grant 54,194
180 Launch Pointe 572,120
202 La Strada RBBD 24,118
203 E.L.S.P. - S.T.I.F. 3,401,033
205 Traffic Impact Fee 402,654
211 Storm Drain C.I.P. 3,147,375
221 Quimby Park C.I.P. 181,646
231 Library C.I.P. 1,359,763
232 City Fire Protection 687,658
300 Insurance Service 883,737
305 Information Systems Service 2,604,652
310 Support Service 37,563
315 Fleet Service 155,986
320 Facilities Service 2,405,331
331 CFD 2006-1CC Summerly Improvement Area CC 3,155
335 CFD 2003-2E Canyon Hills Improvement Area E 5,217
337 CFD 2016-2 Canyon Hills 6,664
339 CFD 2006-1 IA-KK Summerly Improvement Area 5,515
340 CFD 2006-1 IA-EE Summerly Improvement Area 2,419
345 CFD 2003-2 Improvement Area D, Canyon Hills 20,545
346 CFD 2014-1 Southshore 68,739
347 CFD 2006-1 Improvement Area A, Summerly 1,390
354 CFD 90-2 Tuscany Hills 8,891
C I T Y O F L A K E E L S I N O R E
POOLED CASH AND INVESTMENTS BY FUND
AS OF NOVEMBER 30, 2023
FUND NO FUND NAME AMOUNT
C I T Y O F L A K E E L S I N O R E
POOLED CASH AND INVESTMENTS BY FUND
AS OF NOVEMBER 30, 2023
361 CFD 2022-2 Lakeshore Improvement 10,687
362 CFD 2006-8S Running Deer Estates Services 22,021
363 CFD 2022-3 Lakeside 742
364 CFD 2023-2 Coastal Mission Trail Improvement 20,269 366 CFD 2005-6 City Center Townhomes 6,724
368 CFD 2006-2 Viscaya 17,983
369 CFD 2004-3 Area 1 Rosetta Canyon Improvement Area 24,306 370 CFD 2006-1 IA-HH Summerly Improvement 7,833
375 CFD 2006-4 Clurman 1,871
378 CFD 2006-8 Running Deer Estates 742
388 CFD 2007-6 Holiday Inn Express 365
500 Capital Improvement Plan 7,216,557
603 Endowment Trust - Carl Graves 60,461
604 Endowment Trust - Korn Memorial 33,981
605 Public Improvement Trust 1,730,477
606 Mobile Source Air Polution Reduction 304,277
608 Trust Deposit & Pre Paid Expense 1,596,423
617 Successor Agency Housing 29,265,435
620 Cost Recovery System 5,858,341
631 Lake Destratification Equipment Replacement 500,590 650 CFD 2003-1 Law & Fire Service 28,898
655 CFD 2015-1s Law, Fire, Paramedic Services 7,906
Total Pooled Cash & Investments 99,116,793$
MAXIMUM DIVERSIFICATION CURRENT
TYPES OF SECURITIES PERCENTAGE PERCENTAGE BALANCE
CAMP - Pooled Sweep Account Unlimited 1.25% 1,186,909 $ U.S. Treasury Bond / Note Unlimited 21.75% 20,689,534 $ Supra-National Agency Bond / Note 30% 0.67% 634,530 $
Municipal Bond / Note Unlimited 1.61% 1,536,023 $
Federal Agency Collaterized Mortgage Obligation 40% 6.92% 6,586,85 5$ Federal Agency Bond / Note Unlimited 3.43% (1) 3,263,608$ Corporate Note 30% 12.98% 12,345,942 $
Negotiable Certificates of Deposit 30% 0.95% 900,000 $
Asset-Backed Security / Collaterized Mortgage 20% 5.53% 5,264,982 $ LAIF (Local Agency Investment Funds) $150 Million 44.91% (2) 42,722,208$ TOTAL 100.00% 95,130, 590$
Note:
(1) No more than 40% in any one federal agency. See CAMP Portfolio Statement for listing of agencies. (2) Investment in LAIF may not exceed $75 million in each agency.
C I T Y O F L A K E E L S I N O R E
SUMMARY OF POLICY LIMITATIONS
FOR THE MONTH ENDING NOVEMBER 30, 2023
Local Agency Investment Fund
Yield Purchase Date Maturity Rate
3.843% Daily 24-Hour
Investment Beginning Balance Net Increase/(Decrease) Ending Balance Total Investments Held with
Local Agency Investment Fund: 46,422,208$ (3,700,000) $ 42,722,208 $ Note:
Per California State Treasurer, LAIF Statute 16429.1: Separate accounts for each governmental unit shall be maintained.
C I T Y O F L A K E E L S I N O R E
LOCAL AGENCY INVESTMENT FUND
TRANSACTION SUMMARY
FOR THE MONTH ENDING NOVEMBER 30, 2023
November 3.843
October 3.670
September 3.534
August 3.434
July 3.305**
June 3.167
LAIF Apportionment Rate(2): 3.59
LAIF Earnings Ratio(2): 0.00009812538629360
LAIF Administrative Cost(1)*: 0.29
PMIA Average Life(1): 256
LAIF Fair Value Factor(1): 0.986307739
PMIA Daily(1): 3.48
PMIA Quarter to Date(1): 3.42
Treasuries
60.58%
Agencies
22.04%
Certificates of
Deposit/Bank Notes
8.09%
Time
Deposits
3.28%
Commercial
Paper
5.47%
Corporate
Bonds
0.34%
Loans
0.20%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a). *The percentage of administrative cost equals the total administrative cost divided by the quarterly interest earnings. The law provides that administrative costs are not to exceed 5% of quarterly EARNINGS of the fund. However, if the 13-week Daily Treasury Bill Rate on the last day of the fiscal year is below 1%, then administrative costs shall not exceed 8% of quarterly EARNINGS of the fund for the subsequent fiscal year. ** Revised
Source:
(1) State of California, Office of the Treasurer
(2) State of Calfiornia, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 12/20/23
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 09/30/23
Chart does not include $2,218,000.00 in mortgages, which equates to 0.001%. Percentages may not total 100% due to rounding.
Pooled Money Investment Account
Monthly Portfolio Composition (1)
11/30/23
$159.4 billion
CAMP
Investment Portfolio
For the Month Ending November 30, 2023Account Statement - Transaction Summary
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Opening Market Value
Purchases
Redemptions
Change in Value
Closing Market Value
31,933.12
1,424,169.00
(269,193.13)
0.00 $1,186,908.99
CAMP Pool
Unsettled Trades 0.00
2,232.02 Cash Dividends and Income
Opening Market Value
Purchases
Redemptions
Change in Value
Closing Market Value
50,203,300.99
264,464.65
(1,226,767.16)
687,302.98
$50,202,511.39
CAMP Managed Account
Unsettled Trades 274,209.93
196,408.85 Cash Dividends and Income
November 30, 2023 October 31, 2023
Asset Summary
CAMP Pool 1,186,908.99 31,933.12
CAMP Managed Account 50,202,511.39 50,203,300.99
$51,389,420.38 $50,235,234.11 Total
Asset Allocation
2.31%
CAMP Pool
97.69%
CAMP Managed
Account
For the Month Ending November 30, 2023Managed Account Summary Statement
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dividend
Closing Market Value
Redemptions
Purchases
Opening Market Value
Closing Market Value
Change in Current Value
Unsettled Trades
Principal Acquisitions
Principal Dispositions
Maturities/Calls
Opening Market Value
Closing Market Value
Opening Market Value
Account Total
Total Cash Basis Earnings
Plus Net Realized Gains/Losses
Less Purchased Interest Related to Interest/Coupons
Interest/Dividends/Coupons Received
Earnings Reconciliation (Cash Basis) - Managed Account
Dividends
Less Beginning Accrued Interest
Less Beginning Amortized Value of Securities
Less Cost of New Purchases
Plus Coupons/Dividends Received
Plus Proceeds of Maturities/Calls/Principal Payments
Plus Proceeds from Sales
Ending Accrued Interest
Ending Amortized Value of Securities
Earnings Reconciliation (Accrual Basis)
Reconciling Transactions
Net Cash Contribution
Security Purchases
Principal Payments
Coupon/Interest/Dividend Income
Sale Proceeds
Maturities/Calls
Cash Transactions Summary- Managed Account
$31,933.12
1,424,169.00
(269,193.13)
$1,186,908.99
2,232.02
$50,203,300.99
(1,226,767.16)
0.00 264,464.65
274,209.93
687,302.98
$50,202,511.39
$50,235,234.11
$51,389,420.38
195,169.82
(506.90)
1,745.93
$196,408.85
1,176,468.75
0.00 193,701.07
51,767.16
(264,971.55)
(1,156,965.43)
0.00 Managed Account Total
51,506,038.48 52,692,947.47
201,788.04
0.00 1,228,235.91
193,701.07
(539,404.23)
(52,161,583.49)
(284,900.85)
0.00 201,788.04
269,193.13
1,228,235.91
193,701.07
(1,963,573.23)
(52,193,516.61)
(284,900.85)
2,232.02
Total Accrual Basis Earnings $143,874.93 $146,106.95
Transaction Summary - Managed AccountTransaction Summary - Money Market _______________________________________________ _______________________________________________ _____________________________________________________ Cash Balance
$0.00 Closing Cash Balance
For the Month Ending November 30, 2023
Portfolio Summary and Statistics
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Account Summary
Percent Par Value Market ValueDescription
U.S. Treasury Bond / Note 22,050,000.00 20,499,848.37 39.89 Supra-National Agency Bond / Note 635,000.00 611,054.15 1.19 Municipal Bond / Note 1,535,000.00 1,457,600.40 2.84 Federal Agency Commercial
Mortgage-Backed Security
6,720,921.71 6,551,405.70 12.75
Federal Agency Bond / Note 3,275,000.00 3,062,134.45 5.96 Corporate Note 12,365,000.00 11,910,993.18 23.18
Certificate of Deposit 900,000.00 896,708.70 1.74
Asset-Backed Security 5,265,700.90 5,212,766.44 10.14 Managed Account Sub-Total 52,746,622.61 50,202,511.39 97.69% Accrued Interest 201,788.04
Total Portfolio 52,746,622.61 50,404,299.43
CAMP Pool 1,186,908.99 1,186,908.99 2.31
Total Investments 53,933,531.60 51,591,208.42 100.00%
Unsettled Trades 275,000.00 274,209.93
Sector Allocation
10.14%
ABS
1.74%
Cert of Deposit
23.18%
Corporate Note
5.96%
Fed Agy Bond /
Note
12.75%
Federal Agency
Commercial
Mortgage-Backed
Security
2.31%
Joint Powers
Authority
2.84%
Muni Bond / Note
1.19%
Supra-National
Agency Bond / Note
39.89%
US TSY Bond / Note
0 - 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years Over 5 Years
5.61%
3.92%
16.48%
36.28%
18.56% 19.15%
0.00%
Maturity Distribution Characteristics
Yield to Maturity at Cost
Yield to Maturity at Market
Weighted Average Days to Maturity 1063
3.42%
4.78%
For the Month Ending November 30, 2023
Managed Account Issuer Summary
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Credit Quality (S&P Ratings)
3.80%
A
3.81%
A+
7.41%
A-
3.64%
AA
60.27%
AA+
3.55%
AA-
11.67%
AAA
2.31%
AAAm
1.46%
BBB+
2.08%
NR
Issuer Summary
Percentof HoldingsIssuer
Market Value
220,908.83 0.43 ABBOTT LABORATORIES
445,995.55 0.87 AMAZON.COM INC
951,883.37 1.85 AMERICAN EXPRESS CO
392,686.40 0.76 AMERICAN HONDA FINANCE
728,109.40 1.42 APPLE INC
603,261.36 1.17 BANK OF AMERICA CO
440,880.28 0.86 BERKSHIRE HATHAWAY INC
225,772.44 0.44 BMW FINANCIAL SERVICES NA LLC
363,147.75 0.71 BRISTOL-MYERS SQUIBB CO
78,482.20 0.15 CALIFORNIA STATE UNIVERSITY
1,186,908.99 2.31 CAMP Pool
726,677.57 1.41 CAPITAL ONE FINANCIAL CORP
252,862.62 0.49 CARMAX AUTO OWNER TRUST
204,235.65 0.40 CATERPILLAR INC
97,886.00 0.19 CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT 381,752.61 0.74 CHARLES SCHWAB
405,773.39 0.79 CHASE ISSURANCE
63,333.53 0.12 CINTAS CORPORATION NO. 2
764,781.75 1.49 CITIGROUP INC
375,303.38 0.73 DEERE & COMPANY
849,157.34 1.65 DISCOVER FINANCIAL SERVICES
1,785,015.48 3.47 FANNIE MAE
468,231.50 0.91 FEDERAL HOME LOAN BANKS
350,896.35 0.68 FIFTH THIRD AUTO TRUST
292,001.40 0.57 FLORIDA STATE BOARD OF ADMIN FIN CORP 128,285.57 0.25 FORD CREDIT AUTO OWNER TRUST
7,360,293.17 14.32 FREDDIE MAC
219,871.58 0.43 GENERAL DYNAMICS CORP
335,122.83 0.65 GM FINANCIAL CONSUMER AUTOMOBILE TRUST 395,506.40 0.77 GOLDMAN SACHS GROUP INC
168,599.80 0.33 HARLEY-DAVIDSON MOTORCYCLE TRUST
24,226.15 0.05 HOME DEPOT INC
For the Month Ending November 30, 2023Managed Account Issuer Summary
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Percentof HoldingsIssuer
Market Value
479,030.06 0.93 HONDA AUTO RECEIVABLES
82,477.09 0.16 HYUNDAI AUTO RECEIVABLES
220,516.20 0.43 IBM CORP
611,054.15 1.19 INTER-AMERICAN DEVELOPMENT BANK
474,609.77 0.92 JP MORGAN CHASE & CO
59,248.74 0.12 LOCKHEED MARTIN CORP
130,258.80 0.25 LOS ANGELES COMMUNITY COLLEGE DISTRICT 721,608.75 1.40 MICROSOFT CORP
396,992.80 0.77 MORGAN STANLEY
723,872.50 1.41 NATIONAL AUSTRALIA BANK LTD
375,524.85 0.73 NATIONAL RURAL UTILITIES CO FINANCE CORP 305,769.75 0.60 NEW YORK ST URBAN DEVELOPMENT CORP
280,947.07 0.55 NISSAN AUTO RECEIVABLES
446,843.70 0.87 NORDEA BANK ABP
168,258.48 0.33 PACCAR FINANCIAL CORP
398,506.00 0.78 PNC FINANCIAL SERVICES GROUP
394,972.68 0.77 ROCHE HOLDINGS INC
121,466.80 0.24 SAN JUAN UNIFIED SCHOOL DISTRICT
199,890.00 0.39 STATE OF CALIFORNIA
58,800.60 0.11 STATE OF CONNECTICUT
93,059.00 0.18 STATE OF MINNESOTA
36,764.00 0.07 TARGET CORP
84,716.10 0.16 TEXAS INSTRUMENTS INC
637,775.81 1.24 THE BANK OF NEW YORK MELLON CORPORATION 388,887.60 0.76 THE WALT DISNEY CORPORATION
449,865.00 0.88 TORONTO-DOMINION BANK
755,408.89 1.47 TOYOTA MOTOR CORP
20,499,848.37 39.89 UNITED STATES TREASURY
205,932.83 0.40 UNITEDHEALTH GROUP INC
79,985.85 0.16 UNIVERSITY OF CALIFORNIA
218,677.50 0.43 USAA CAPITAL CORP
$51,389,420.38 Total 100.00%
For the Month Ending November 30, 2023Managed Account Detail of Securities Held
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par
U.S. Treasury Bond / Note
US TREASURY NOTES
DTD 01/31/2022 0.875% 01/31/2024
297,750.00 298,159.14 877.38 288,562.50 01/17/2301/13/23AaaAA+ 300,000.00 91282CDV0 4.68
US TREASURY NOTES
DTD 12/31/2019 1.750% 12/31/2024
144,632.82 152,544.11 1,098.51 160,324.22 08/07/2008/05/20AaaAA+ 150,000.00 912828YY0 0.18
US TREASURY NOTES
DTD 06/30/2020 0.250% 06/30/2025
139,500.00 148,916.03 156.93 147,093.75 04/05/2104/01/21AaaAA+ 150,000.00 912828ZW3 0.72
US TREASURY NOTES
DTD 04/30/2021 0.750% 04/30/2026
68,531.25 72,968.43 47.90 71,458.01 02/14/2202/10/22AaaAA+ 75,000.00 91282CBW0 1.92
US TREASURY NOTES
DTD 04/30/2021 0.750% 04/30/2026
868,062.50 937,047.20 606.80 926,843.75 01/06/2201/04/22AaaAA+ 950,000.00 91282CBW0 1.33
US TREASURY NOTES
DTD 07/31/2021 0.625% 07/31/2026
180,625.00 185,656.32 417.80 179,007.81 09/06/2209/01/22AaaAA+ 200,000.00 91282CCP4 3.53
US TREASURY NOTES
DTD 07/31/2021 0.625% 07/31/2026
225,781.25 235,071.87 522.25 226,250.00 05/05/2205/03/22AaaAA+ 250,000.00 91282CCP4 3.03
US TREASURY NOTES
DTD 07/31/2021 0.625% 07/31/2026
677,343.75 710,244.40 1,566.75 690,468.75 08/04/2208/01/22AaaAA+ 750,000.00 91282CCP4 2.74
US TREASURY NOTES
DTD 07/31/2021 0.625% 07/31/2026
722,500.00 755,640.48 1,671.20 732,343.75 07/08/2207/05/22AaaAA+ 800,000.00 91282CCP4 2.84
US TREASURY NOTES
DTD 07/31/2021 0.625% 07/31/2026
812,812.50 848,035.10 1,880.10 819,035.16 06/06/2206/02/22AaaAA+ 900,000.00 91282CCP4 2.94
US TREASURY NOTES
DTD 07/31/2021 0.625% 07/31/2026
812,812.50 845,874.35 1,880.10 819,562.50 08/15/2208/08/22AaaAA+ 900,000.00 91282CCP4 3.04
US TREASURY NOTES
DTD 11/15/2016 2.000% 11/15/2026
233,085.95 233,964.74 219.78 228,144.53 11/04/2211/01/22AaaAA+ 250,000.00 912828U24 4.39
US TREASURY NOTES
DTD 11/15/2016 2.000% 11/15/2026
909,035.21 922,949.04 857.14 907,092.77 01/06/2301/04/23AaaAA+ 975,000.00 912828U24 3.96
US TREASURY NOTES
DTD 11/15/2016 2.000% 11/15/2026
1,957,921.98 1,990,473.75 1,846.15 1,954,066.41 12/07/2212/05/22AaaAA+ 2,100,000.00 912828U24 3.92
For the Month Ending November 30, 2023Managed Account Detail of Securities Held
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par
U.S. Treasury Bond / Note
US TREASURY NOTES
DTD 11/15/2016 2.000% 11/15/2026
8,857,266.10 9,053,923.02 8,351.65 8,922,578.13 01/17/2301/13/23AaaAA+ 9,500,000.00 912828U24 3.72
US TREASURY NOTES
DTD 04/30/2022 2.750% 04/30/2027
1,136,812.56 1,164,095.45 2,810.44 1,155,421.88 02/03/2301/31/23AaaAA+ 1,200,000.00 91282CEN7 3.70
US TREASURY NOTES
DTD 07/31/2022 2.750% 07/31/2027
354,140.63 364,048.02 3,446.84 362,329.10 05/05/2305/01/23AaaAA+ 375,000.00 91282CFB2 3.62
US TREASURY NOTES
DTD 07/31/2022 2.750% 07/31/2027
566,625.00 569,041.86 5,514.95 565,640.63 07/07/2307/03/23AaaAA+ 600,000.00 91282CFB2 4.30
US TREASURY NOTES
DTD 07/31/2022 2.750% 07/31/2027
755,500.00 755,509.21 7,353.26 746,531.25 03/06/2303/02/23AaaAA+ 800,000.00 91282CFB2 4.44
US TREASURY NOTES
DTD 07/31/2022 2.750% 07/31/2027
779,109.37 791,266.95 7,583.05 786,779.30 06/06/2306/02/23AaaAA+ 825,000.00 91282CFB2 3.97 48,708.98 20,499,848.37 21,035,429.47 3.54 20,689,534.20 22,050,000.00 Security Type Sub-Total Supra-National Agency Bond / Note
INTER-AMERICAN DEVEL BK NOTES
DTD 09/23/2021 0.500% 09/23/2024
611,054.15 634,872.66 599.72 634,530.10 09/23/2109/15/21AaaAAA 635,000.00 4581X0DZ8 0.52 599.72 611,054.15 634,872.66 0.52 634,530.10 635,000.00 Security Type Sub-Total Municipal Bond / Note
CT ST TXBL GO BONDS
DTD 06/11/2020 1.998% 07/01/2024
58,800.60 60,000.00 499.50 60,000.00 06/11/2005/29/20Aa3AA- 60,000.00 20772KJW0 2.00
CHAFFEY UHSD, CA TXBL GO BONDS
DTD 12/05/2019 2.101% 08/01/2024
97,886.00 100,000.00 700.33 100,000.00 12/05/1911/06/19Aa1AA- 100,000.00 157411TK5 2.10
NY ST URBAN DEV CORP TXBL REV BONDS
DTD 12/23/2020 0.870% 03/15/2025
305,769.75 325,000.00 596.92 325,000.00 12/23/2012/16/20NRNR 325,000.00 650036DT0 0.87
UNIV OF CAL TXBL REV BONDS
DTD 07/16/2020 0.883% 05/15/2025
79,985.85 85,000.00 33.36 85,000.00 07/16/2007/10/20Aa2AA 85,000.00 91412HGE7 0.88
For the Month Ending November 30, 2023Managed Account Detail of Securities Held
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par
Municipal Bond / Note
FL ST BOARD OF ADMIN TXBL REV BONDS
DTD 09/16/2020 1.258% 07/01/2025
61,226.10 65,151.87 340.71 65,459.55 09/16/2009/03/20Aa3AA 65,000.00 341271AD6 1.11
FL ST BOARD OF ADMIN TXBL REV BONDS
DTD 09/16/2020 1.258% 07/01/2025
80,064.90 85,186.24 445.54 85,563.55 09/16/2009/03/20Aa3AA 85,000.00 341271AD6 1.12
FL ST BOARD OF ADMIN TXBL REV BONDS
DTD 09/16/2020 1.258% 07/01/2025
150,710.40 160,000.00 838.67 160,000.00 09/16/2009/03/20Aa3AA 160,000.00 341271AD6 1.26
MN ST TXBL GO BONDS
DTD 08/25/2020 0.630% 08/01/2025
93,059.00 100,000.00 210.00 100,000.00 08/25/2008/11/20AaaAAA 100,000.00 60412AVJ9 0.63
SAN JUAN USD, CA TXBL GO BONDS
DTD 10/29/2020 0.852% 08/01/2025
121,466.80 130,000.00 369.20 130,000.00 10/29/2010/16/20Aa2NR 130,000.00 798306WP7 0.85
LOS ANGELES CCD, CA TXBL GO BONDS
DTD 11/10/2020 0.773% 08/01/2025
130,258.80 140,000.00 360.73 140,000.00 11/10/2010/30/20AaaAA+ 140,000.00 54438CYK2 0.77
CA ST UNIV TXBL REV BONDS
DTD 07/29/2021 0.862% 11/01/2025
78,482.20 85,000.00 61.06 85,000.00 07/29/2107/09/21Aa2AA- 85,000.00 13077DQD7 0.86
CA ST MUNICIPAL BONDS
DTD 03/15/2023 4.846% 03/01/2027
199,890.00 200,000.00 2,423.00 200,000.00 03/15/2303/09/23Aa2AA- 200,000.00 13063D3N6 4.85 6,879.02 1,457,600.40 1,535,338.11 1.58 1,536,023.10 1,535,000.00 Security Type Sub-Total Federal Agency Commercial Mortgage-Backed Security
FHMS K043 A2
DTD 03/01/2015 3.062% 12/01/2024
240,813.82 249,446.30 629.83 259,058.50 03/25/2003/19/20AaaAA+ 246,832.58 3137BGK24 1.95 FHMS K054 A2
DTD 04/20/2016 2.745% 01/01/2026
262,356.42 266,262.15 629.06 263,613.28 04/14/2304/11/23AaaAA+ 275,000.00 3137BNGT5 4.37 FHMS K058 A2
DTD 11/09/2016 2.653% 08/01/2026
517,917.45 531,310.69 1,215.96 526,839.84 04/12/2304/06/23AaaAA+ 550,000.00 3137BSP72 4.02 FHMS K061 A2
DTD 01/30/2017 3.347% 11/01/2026
363,827.23 370,080.46 1,059.88 368,303.13 05/24/2305/19/23AaaAA+ 380,000.00 3137BTUM1 4.31 FHMS K064 A2
DTD 05/15/2017 3.224% 03/01/2027
522,808.21 521,341.88 1,477.67 518,804.69 08/18/2308/16/23AaaAA+ 550,000.00 3137BXQY1 4.98
For the Month Ending November 30, 2023Managed Account Detail of Securities Held
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par
Federal Agency Commercial Mortgage-Backed Security
FHLMC MULTIFAMILY STRUCTURED P
DTD 07/01/2017 3.243% 04/01/2027
521,958.04 529,862.68 1,486.38 527,033.20 06/13/2306/08/23AaaAA+ 550,000.00 3137F1G44 4.44 FHMS KJ46 A1
DTD 07/01/2023 4.777% 06/01/2028
434,676.18 439,078.96 1,747.94 439,078.17 07/27/2307/19/23AaaAA+ 439,089.13 3137HAD45 4.78 FHMS K505 A2
DTD 07/01/2023 4.819% 06/01/2028
545,797.26 555,079.39 2,208.71 555,493.40 07/20/2307/13/23AaaAA+ 550,000.00 3137HACX2 4.59 FNA 2023-M6 A2
DTD 07/01/2023 4.190% 07/01/2028
532,511.73 541,314.00 1,920.42 540,675.78 07/31/2307/18/23AaaAA+ 550,000.00 3136BQDE6 4.58 FHMS K508 A2
DTD 10/01/2023 4.740% 08/01/2028
494,639.22 489,271.24 1,975.00 489,032.00 10/19/2310/11/23AaaAA+ 500,000.00 3137HAQ74 5.26 FHMS K506 A2
DTD 09/01/2023 4.650% 08/01/2028
786,953.55 788,626.19 3,100.00 788,165.60 09/14/2309/07/23AaaAA+ 800,000.00 3137HAMH6 4.99 FHMS K509 A2
DTD 10/01/2023 4.850% 09/01/2028
373,847.88 363,229.54 1,515.63 363,043.88 10/31/2310/25/23AaaAA+ 375,000.00 3137HAST4 5.60 FHMS K507 A2
DTD 09/01/2023 4.800% 09/01/2028
497,484.67 494,211.31 2,000.00 494,023.50 09/28/2309/20/23AaaAA+ 500,000.00 3137HAMS2 5.07 FHMS K510 A2
DTD 11/01/2023 5.069% 10/01/2028
181,604.11 179,482.24 760.35 179,479.62 11/21/2311/14/23AaaAA+ 180,000.00 3137HB3D4 5.14 FHMS K511 A2
DTD 12/07/2023 4.860% 10/25/2028
274,209.93 274,209.93 222.75 274,209.93 12/07/2311/28/23AaaAA+ 275,000.00 3137HB3G7 4.93 21,949.58 6,551,405.70 6,592,806.96 4.68 6,586,854.52 6,720,921.71 Security Type Sub-Total Federal Agency Bond / Note
FREDDIE MAC NOTES
DTD 12/04/2020 0.250% 12/04/2023
299,870.40 299,999.19 368.75 299,703.00 12/04/2012/02/20AaaAA+ 300,000.00 3137EAFA2 0.28
FEDERAL HOME LOAN BANK NOTES
DTD 04/16/2020 0.500% 04/14/2025
329,394.80 349,524.12 228.47 348,264.00 04/16/2004/15/20AaaAA+ 350,000.00 3130AJHU6 0.60