DocuSign Envelope ID: 83D99F7E-75F4-43F2-8A7B-CA909814AECE
AGREEMENT FOR CONTRACTOR SERVICES
BETWEEN AREA 63 PRODUCTIONS, LLC AND THE CITY OF LAKE
ELSINORE ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the "Agreement") is made and entered into as of May 9, 2023, by and between the City of Lake Elsinore, a municipal corporation (the "City") and Area 63 Productions, a Limited Liability Company (the "Contractor").
RECITALS
A. The City has determined that it requires the following services:
On-Call Training and RV Repair Services
The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated May 9, 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.
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: 83D99F7E-75F4-43F2-8A7B-CA909814AECE 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 May 9, 2023 and ending June 30, 2024. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.
Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City.
3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed eighty thousand dollars and no cents ($80,000) 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.
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.
Background Checks. At any time during the term of this Agreement, the City reserves the rightto 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.
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: 83D99F7E-75F4-43F2-8A7B-CA909814AECE Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein.
7. Plans, Reports, Documents
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.
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 andRecords.
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: 83D99F7E-75F4-43F2-8A7B-CA909814AECE required by law, from the date of termination or completion of this Agreement.
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 rsuant to California Labor Code Section at all The personnel performing the service 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.
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: 83D99F7E-75F4-43F2-8A7B-CA909814AECE 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).) 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 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: 83D99F7E-75F4-43F2-8A7B-CA909814AECE
16. Insurance Requirements.
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.
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.
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.
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:VIl and shall be endorsed with the following specific language:
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: 83D99F7E-75F4-43F2-8A7B-CA909814AECE 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.
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.
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.
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.
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 orself-insured retentions.
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.
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: Area 63 Productions, LLC
Attn: Uwe Salwender
7794 Aster Ave.
Yucca Valley, CA 92284
DocuSign Envelope ID: 83D99F7E-75F4-43F2-8A7B-CA909814AECE
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.
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
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 ortermination.
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: 83D99F7E-75F4-43F2-8A7B-CA909814AECE 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.
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
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.
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.
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.
DocuSign Envelope ID: 83D99F7E-75F4-43F2-8A7B-CA909814AECE "CITY" "CONTRACTOR"
CITY OF LAKE ELSINORE, a municipal Area 63 Productions, a Limited Liability corporation Company
DocuSigned by: • DocuSigned by:
Jason Simpson Uwe Salwender
-1E661F62ESFE412
City Manager By: : EOwe Sälwender
Its: President
ATTEST:
- DocuSigned by:
MB1497480400..
City Clerk
APPROVED AS TO FORM:
- DocuSigned by:
Barbara Leibold
A6086D0006AF486.
City Attorney
- DocuSigned by:
Shannon Buckley
178F895AEr
Assistant City Manage
Attachments: Exhibit A - Contractor's Proposal
DocuSign Envelope ID: 83D99F7E-75F4-43F2-8A7B-CA909814AECE
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
EXHIBIT A
DocuSign Envelope ID: 83D99F7E-75F4-43F2-8A7B-CA909814AECE
EXHIBIT A
SCOPE OF WORK
Based upon the RV Resort and Boat Launch Rehabilitation project the City of Lake Elsinore is urrently undertaking, my unique and focused abilities and expertise will help deliver a successfu traction for the site through a planned "Vintage Trailer Camp" or "Airstream Village" and relate campground amenities. In the near term, Area 63 can provide evaluations, transportation, repairs, and foremost consultation on Specialty RV/Vintage RV/Airstream Trailer topics.
For the future, we can offer specialty repairs services on vintage items, which typically cannot be expected or performed from a traditional RV repair technician. At the same time, we are happy to consult with your local technicians on issues where they might not be familiar. • Our standard hourly labor rate is $ 125.00
• Consultation is $150.00 per hour, drive/travel time billed at half rate • Daily rate is $1,500.00 for up to 10 hours and includes local travel time • Out of area travel (over 75 miles from Lake Elsinore) is billed 1:1 for expenses, and at half rate for travel time (with a daily maximum of 8 hours • Pick up delivery of trailers are billed at $ 1.50 per mile, roundtrip.
DocuSign Envelope ID: 83D99F7E-75F4-43F2-8A7B-CA909814AECE
CREATIVE RECONSTRUCTION OF METAL TRAVEL TRAILERS
Area 63 Productions (Area 63) was founded in 2002, first as a hobby and to repair Airstream trailers with and for my friends, then it became a runaway in 2008 (full-time in 2009) when the vintage trailer boom and small space craze really hit America. At that time, Area 63 already had extensive experience in all Aspects of Airstream trailers, vintage trailers and general recreational vehicle (RV) systems.
Area 63 was also one of the first to install big, power solar on Airstream products. Area 63 has completed many complete restorations, and still have several long-term modernizations underway. My clients come from all walks-of-life, hobbyists, traveling artists, weekend warriors, and the well-to-do that can easily afford $100,000+ restoration.
In addition to full rehabilitation and restoration services, Area 63 provides consulting to evaluate and informally assess the condition, determine upgrades needed, or appraise the value of vintage trailers. On many occasions, insurance companies and prospective buyers have used our services for pre-purchase decisions. for road safety, and for habitation safety and cleanliness. We have consulted on commercial projects and have done start-up tours for outdoor events companies that needed instruction on how to drive with a trailer and handle a promotional tour with an Airstream. Area63 has also consulted on individual restorations by hobbyists and conducted annual restoration seminars in Albuquerque for the past nine years, which is a 3-day hands-on training events that teach owners skills to repair and restore their own trailers.
Based upon the La Laguna RV Resort and Boat Launch Rehabilitation project the City of Lake Elsinore is currently undertaking, my unique and focused abilities and expertise will help deliver a successful attraction for the site through a planned Vintage Trailer Camp" or Airstream Village". . In the near term, Area 63 can provide expert evaluations, transportation. repairs, and foremost consultation on Specialty RV/intage RVI Airstream Trailer topics.
For the future, we can offer specialty repairs services on vintage items, which typically cannot be expected or performed from a traditional RV repair technician. At the same time. we are happy to consult with your local technicians on issues where they might not be familiar.
Our standard hourly labor rate is $ 125.00
Consultation is $150. 00 per hour, drive/travel time billed at half rate • Daily rate is $1,500.00 for up to 10 hours and includes local travel time • Out of area travel (over 75 miles from Lake Elsinore) is billed 1 1 for expenses, and at half rate for travel time (with a daily maximum of 8 hours) . Pick up/delivery of trailers are billed at $ 1.50 per mile. roundtrip.
DocuSign Envelope ID: 83D99F7E-75F4-43F2-8A7B-CA909814AECE ACORD® DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 7/24/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
PORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorse SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement o this certificate does not confer rights to the certificate holder in lieu of such endorsements).
PSA Realty & Insurance Services (951)694-0625, 122 (AIC, NO): (951)719-3350 (A/C, No, Ext):
E.MAIL
PO Box 720 ADDRESS: [email protected]
Temecula, California 92593-0720 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Hiscox Insurance Company Inc. 10200
INSURED INSURER B :
Area 63 Productions, LLC INSURER C:
7794 Aster Ave.
INSURER D:
Yucca Valley, CA 92284
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 23613 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR ADDL SUBR
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER LIMITS
| COMMERCIAL GENERAL LIABILITY P100.125.368.4 2/28/2023 2/28/2024 EACH OCCURRENCE 1,000,000 A DAMAGE TO RENTED 100,000
CLAIMS-MADE OCCUR PREMISES (Ea occurrence)
5,000
• N MED EXP (Any one person)
PERSONAL & ADV INJURY 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 PRO S/T Gen
~ POLICY | JECT LOC PRODUCTS - COMP/OP AGG en en
OTHER:
AUTOMOBILELIABILITY COMBINED SINGLE LIMIT
Ea accident
ANY AUTO BODILY INJURY (Per person)
OWNED SCHEDULED BODILY INJURY (Per accident)
AUTOS ONLY AUTOS
HIRED JON-OWNEI PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident) en en
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS-MADE AGGREGATE
DED RETENTIONS
WORKERS COMPENSATION SERTUTE
AND EMPLOYERS' LIABILITY YIN
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? N/ A
EL. DISEASE - EA EMPLOYEE S
describe unc
SCRIPTION OF OPERATIONS bel EL. DISEASE - POLICY LIMIT S A Professional Liability N P100.124.802.4 2/28/2023 2/28/2024 Each Claim 1,000,000 Ageregate 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is named as an additional insured per attached form.
CERTIFICATE HOLDER CANCELLATION
Holder's Nature of Interest : Additional Insured
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Lake Elsinore THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
130 S. Main Street
Lake Elsinore, CA 92530 AUTHORIZED REPRESENTATIVE
Dear
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 83D99F7E-75F4-43F2-8A7B-CA909814AECE HISCOX Hiscox Insurance Company Inc.
Policy Number: P100.125.368.4
Named Insured: Area 63 Productions, LLC
Endorsement Number: 7
Endorsement Effective: 02/28/2023
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - AUTOMATIC STATUS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II - Who Is An Insured is amended
to include as an additional insured any per-
son(s) or organization(s) for whom you are
performing operations or leasing a premises
when you and such person(s) or organiza.
tion(s) have agreed in writing in a contract ol
agreement that such person(s) or organiza-
tion(s) be added as an additional insured on
your policy. Such person or organization is
an additional insured only with respect to lia-
bility for "bodily injury", "property damage" or
"personal and advertising injury" caused, in
whole or in part, by your acts or omissions or
the acts or omissions of those acting on your
1. In the performance of your ongoing opera-
tions; or
2. In connection with your premises owned by or
rented to you.
A person's or organization's status as an addi-
tional insured under this endorsement ends
when your operations or lease agreement for
that additional insured are completed.
CGL E5421 CW (02/14) Includes copyrighted material of Insurance Services Office, Inc., with its Page 1 of 1 permission.
DocuSign Envelope ID: 83D99F7E-75F4-43F2-8A7B-CA909814AECE Interinsurance Exchange of the Automobile Club
Automobile Insurance Policy Coverages and Limits
Renewal Declarations
NAMED INSURED (Item 1.) 3-9 CAA114834452
AUTO POLICY NUMBER: CAA 114834452
SALWENDER, UWE POLICY PERIOD (PACIFIC STANDARD TIME)
7794 ASTER AVE POLICY EFFECTIVE DATE: 04-01-23 12:01 A.M.
YUCCA VALLEY CA 92284-4129
POLICY EXPIRATION DATE: 04-01-24 12:01 A.M.
VEHICLES
VEH. YEAR MAKE IDENTIFICATION SARAG VERIFIED SALVAGE
NO. MODEL NUMBER IP COD MILEAGE
2 2003 JAG S-TYPE 4.2 V8 SAJEA01U43HM58491 PLEASURE 92284 4,501 - 5,500 NO NO 4 2007 AIR SAFARI 1STJPYJ247J520741 92284
5 2012 PORS CAYENNES WP1AB2A22CLA40138 COMMUTE 92284 12,501 - 15,000 NO NO
COVERAGES AND LIMITS ANNUAL PREMIUMS
Coverage is not in effect unless a premium or the word "included" is shown.
COVERAGES LIMITS OF LIABILITY Vehicle 2 Vehicle 4 Vehicle 5 Vehicle Vehicle Liability
Bodily Injury $1,000,000 each person/ $1,000,000 each occurrence $ 189 'No Coverage! $334 Property Damage $1,000,000 each occurrence $ 102 ¡No Coverage! $ 197 Medical
Excess Medical Payments $5,000 each person $ 14 ¡No Coverage! $ 14 Physical Damage (Actual Cash Value unless otherwise stated, less deductible) Vehicle 2 Vehicle 4 Vehicle 5 Vehicle Vehicle
Comprehensive ACV $35000 ACV $ 183 $ 125 $ 176
(Less Deductible) $500 $500 $500
Collision ACV $35000 ACV $ 232 $ 120 $ 638
(Less Deductible) $500 $500 $500
Car Rental Expense
(Per Day) $35 No Coverage $35 $33 'No Coverage! $ 43
Uninsured Motorist
Bodily Injury - $100,000 each person/ $300,000 each accident $ 65 No Coverage, $70 Uninsured & Underinsured Vehicles
Uninsured Deductible Waiver ¡ No Coverage! No Coverage! No Coverage! Uninsured Collision iN Soverage No Soverage: Soverage!
Total Premium $818 $ 245
"No Coverage" indicates coverage not purchased.
PREMIUM DISCOUNTS
Please refer to the enclosed document entitled "Premium Discounts Applied to Your Automobile Policy." (Tate lap pate icons. $ 2535
i ane charges of up to 1.5% per my tess the baue outstace or nappi. Less Policyholder Savings Dividend $ 78 as explained in your billing statements, which are part of these declarations. Net Premium* $ 2457 To see the annual mileage for your expiring policy, please refer to th Notice of Annual Mileage" page contained in your renewal package 2021030 PROCESS DATE 02-21-23 PLEASE ATTACH TO YOUR POLICY (SEE REVERSE) DocuSign Envelope ID: 83D99F7E-75F4-43F2-8A7B-CA909814AECE Interinsurance Exchange of the Automobile Club
Automobile Insurance Policy Coverages and Limits
Renewal Declarations (continued)
AUTO POLICY NUMBER: CAA 114834452 POLICY EFFECTIVE DATE: 04-01-2023 DRIVERS (Coverage may differ for each driver. Please see each section of the policy contract for the definition of "Persons Insured") DRIvER NAME GENDER MARITAL STATUS ]YEAR FIRST
NUMBER LICENSED
1 SALWENDER, UWE MALE DIVORCED 1977
DRIVING RECORD
DRIVER NUMBER OF RATED
NUMBER OF TRAFFIC CONVICTIONS DRIVER STATUS VEHICLE
NUMBER PRINCIPALLY NUMBER
AT-FAULT ACCIDENTS MINOR SERIOUS MAJOR | SEVERE I SUSPENSIONS 1 PRIMARY 5
ENDORSEMENTS AND CERTIFICATES SPECIAL EQUIPMENT* SOUND EQUIPMENT* VEH. CAMPER 2-WAY TELE- RADIO
N20ERS PAYABLE - NOTICE TO LENHOLDER NO. VAN CONV. OTHER RADIO PHONE OTHER SELECTION OF UMUIM COVERAGE ENDORSEMENT 2
2367 AMENDATORY ENDORSEMENT 4
5 ** Coverage is indicated by a "YES" in the appropriate equipment column. Coverage limitations apply unless coverage was
purchased specifically for certain equipment
ANY PHYSICAL DAMAGE LOSS MAY BE MADE PAYABLE TO YOU AND ANY INTEREST LISTED BELOW:
VEH NO. 5
FRONTWAVE CREDIT UNION
57402 21 PALMS HIGHWAY NORTH
YUCCA VALLEY CA 92284
PERSON DESIGNATED TO RECEIVE NONPAYMENT OF PREMIUM NOTICES:
lick AAA.com/myaccount to access your policy information online, pay your bill ‹ 'Int additional proof of insurance caro
DocuSign Envelope ID: 83D99F7E-75F4-43F2-8A7B-CA909814AECE
SOMOBILE CEL
Interinsurance Exchange of the Automobile Club
LORN CALTY
Policy Number: CAA 114834452
NOTICE OF ANNUAL MILEAGE
Pursuant to section 2632.5 (c) of the California Insurance Code of Regulations, we are providing you with the annual mileage figures for your vehicle(s).
Vehicle Vehicle Vehicle Vehicle Annual Miles
No. Year Make Identification No. Expiring Policy
2 2003 JAG SAJEA01U43HM58491 4,501 - 5,500
5 2012 PORS WP1AB2A22CLA40138 12,501 - 15,000
8217
Ed. 09-2008
DocuSign Envelope ID: 83D99F7E-75F4-43F2-8A7B-CA909814AECE
PROOF OF INSURANCE
K
PROOF OF INSURANCE VEHICLES ON POLICY
(АДА) YEAR MAKE
Interinsurance Exchange of the Automobile Club 2002 MORS WP43420402 NAIC # 15598
Named Insured Policy Number: CAA 114834452
SALWENDER, UWE
DRIVERS ON POLICY
SALWENDER, UWE 200330530031 03320 7-9 CAA114834452
Effective Date: 04-01-23 Expiration Date: 04-01-24
This policy provides at least the minimum amounts of liability insurance required by the CA VEH CODE SECTION 16056 for the specified vehicles and named insureds. Coverage subject to policy terms and
PROOF OF INSURANCE VEHICLES ON POLICY
YEAR MAKE VEH I.D. #
Interinsurance Exchange of the Automobile Club 2003 JAG SAJEA01U43HM58491 АДА NAIC # 15598 2012 PORS WP1AB2A22CLA40138
Named Insured Policy Number: CAA 114834452
SALWENDER, UWE
DRIVERS ON POLICY
SALWENDER, UWE
Effective Date: 04-01-23 Expiration Date: 04-01-24
vehicles and named insureds. Coverage subject to policy terms and limits.
Get your digital proof of insurance & membership card - »Download the app. Click AAA.com/app75
19 Member
ectronic proof of insurance may not be valid as proof in all states. Please keep your hard copy version on hand. Must be a current AAA memb id insured through AAA to use this feature. Available for iPhone® and smartphones for Android™. Message, data and roaming rates may app
PROOF OF INSURANCE VEHICLES ON POLICY
YEAR MAKE VEH I.D.#
АДА Interinsurance Exchange of the Automobile Club 2003 2012
NAIC # 15598
Named Insured Policy Number: CAA 114834452
SALWENDER, UWE
RIVERS ON POLIC
ALWENDER, UV
Effective Date: 04-01-23 Expiration Date: 04-01-24
This policy provides at least the minimum amounts of liability insuranc required by the CA VEH CODE SECTION 16056 for the specifier vehicles and named insureds. Coverage subject to policy terms and limits.
PROOF OF INSURANCE YEAR VEH I.D.#
АДА Interinsurance Exchange of the Automobile Club 2003 JAG SAJEA01U43HM584S CHERN CALLS 2012 ORS WP1AB2A22CLA401:
NAIC # 15598
Named Insured Policy Number: CAA 114834452
SALWENDER, UWE
DRIVERS ON POLIC
ALWENDER, UW
Effective Date: 04-01-23 Expiration Date: 04-01-24
vehicles and named insureds. Coverage subject to policy terms and limits.
56408 12/20
DocuSign Envelope ID: 83D99F7E-75F4-43F2-8A7B-CA909814AECE
CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Worker's Compensation Laws of the State of California.
Executed on 7/25/2023 | 2:02 PM PDT _, at Lake Elsinore, California. -DocuSigned by:
Uwe Salwender Uwe Salwender
Contractor Name -ergontractor Signature
DocuSign Envelope ID: 83D99F7E-75F4-43F2-8A7B-CA909814AECE
BUSINESS LICENSE CITY OF LAKE ELSINORE
Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124
other governmental agency.
Business Name: AREA 63 PRODUCTIONS, LLC BUSINESS LICENSE NO. 024845 Business Location: 7794 ASTER AVE Business Type: SERVICE/GENERAL-MISC.
YUCCA VALLEY, CA 92284-4129
Owner Name(s): UWE O SALWENDER Description: CONSULTING; AIRSTREAM REPAIRS &
RESTORATION
Issue Date: 2/1/2023 Expiration Date: 1/31/2024
AREA 63 PRODUCTIONS, LLC
7794 ASTER AVE
YUCCA VALLEY, CA 92284-4129
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/ TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE