Lake Elsinore City Council
July 23, 2024

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

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
“CONSULTANT”
Kimley-Horn and Asociates, Inc., a North
Carolina Corporation
By: Kari Cano
Its: Project Manager
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors

EXHIBIT A

EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]

EXHIBIT B

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]

kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951 543 9868

June 26, 2024
Mr. Carlos Serna-Ortiz, Associate Planner
City of Lake Elsinore
Community Development Department
130 South Main Street
Lake Elsinore, CA 92530

RE: REVISED-Proposal for the Preparation of an anticipated Initial Study/Mitigated Negative Declaration and Associated Technical Studies for the Riverside Drive Apartment Project
Dear Mr. Serna-Ortiz:

Please find attached our proposal to California Environmental Quality Act (CEQA) services for the Riverside Drive Apartment Project (Project).

Our scope, schedule, and fee is based on our understanding of the Project and City of Lake Elsinore (City) review process as set forth in the Project Request For Proposals (RFP) dated Wednesday, May 8, 2024, as well as follow up conversations with City staff.

The City needs a consultant who understands and recognizes the unique environmental needs of residential developments, and who is a recognized leader in providing California Environmental Quality Act (CEQA) documentation. Our Kimley-Horn project team has substantial experience assisting local municipalities with all aspects of environmental review and project implementation, including complex EIRs and MNDs for similar projects in Lake Elsinore and throughout the Inland Empire. The Kimley-Horn team also includes ELMT Consulting for biological resources support. Kimley-Horn currently has an on call contract with the City for planning services.

The Riverside Drive Apartment project proposes a 92-unit multi-family residential apartment complex consisting of 12 two-story buildings, a clubhouse/leasing office, swimming pool and other amenities, as well as 190 parking spaces and related site improvements located on a 4.95- acre site in the Residential Mixed-Use zone. The project is located north of Eisenhower Drive and south of Lake Crest Drive on Riverside Drive and is more specifically known as 32281 Riverside Drive within the City of Lake Elsinore.

The following scope of work assumes that a CEQA 15183 Consistency Analysis will be prepared to satisfy CEQA requirements. If any of the technical studies prepared by Kimley-Horn and/or third parties determine that the project will result in significant and unavoidable impacts, Kimley- Horn would prepare an Environmental Impact Report (EIR) scope of work at that time.

kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951 543 9868

SCOPE OF WORK
Task 1. Project Kickoff
The Kimley-Horn environmental team will review available Project information, plans and studies, as well as other available relevant information. Kimley-Horn will confirm the overall approach and schedule with the City.

Task 2. Prepare Project Description
The Kimley-Horn environmental team will use information obtained in Task 1 and work closely with City staff to prepare a draft Project Description for the California Environmental Quality Act (CEQA) document. The Project Description will be prepared to the level of detail required by the City for the entitlement approvals being sought. The draft Project Description will be sent to the City for review and will be used as the basis for the Consistency Analysis.

Task 3. Peer Review of Technical Studies
A) Peer Review of Biological Resources Assessment/MSHCP Consistency Analysis Kimley-Horn has retained the services of ELMT to peer review the Biological Resources Assessment/MSCHP Consistency Analysis.

ELMT will conduct a peer review of the previously prepared HA-MSHCP for the proposed project.

ELMT will first verify the technical references/databases reviewed prior to conducting an on-site field investigation.

Following the initial review of the technical report, an on-site field investigation will be conducted to verify the biological resources documented in the technical report and to ensure field conditions remain the same. The field investigation will verify the extent of vegetation mapping, suitability of the habitat to support special-status plant and wildlife species, and proposed impacts to biological resources, if any.

ELMT will prepare a third-party peer review memorandum that will include a comprehensive review of the prepared report for technical accuracy, completeness of the impact assessment, and adequacy of any proposed mitigation measures and/or permit requirements. If concerns are noted, ELMT will recommend actions to correct the noted concern or concerns. ELMT will respond to two (2) sets of comments and update the peer review memorandum as appropriate to address all comments. This task will be billed on a time and materials basis and provides a not-to-exceed amount.

kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951 543 9868

B) Peer Review of Cultural Resources Assessment
Kimley-Horn and Associates, Inc. (KHA) will conduct a peer review for one (1) provided Cultural and Paleontological Resources Assessment for the proposed Project. Scope includes one review cycle and the review will focus on the appropriateness/thoroughness of the methodology and analysis, whether the conclusions are supported by factual/credible evidence, and whether the analysis meets the applicable provisions of CEQA and the State CEQA Guidelines. Kimley-Horn will draft a memo outlining findings of the peer review and any recommendations (i.e. report updates, additional work, etc.). This scope does not include any meetings to discuss the results of the peer review, responses to comments on the peer review memo, additional written deliverables, etc. Any effort beyond the outlined peer review and associated memo will necessitate a scope/budget change.

C) Peer Review of Air Quality, Greenhouse Gas, Energy, Noise Assessments Kimley-Horn will peer review the Air Quality, Greenhouse Gas, Energy, and Noise Assessment Reports prepared for the Project. The peer reviews will focus on the appropriateness/thoroughness of the methodology and analysis, whether the analysis’ conclusions are supported by factual/credible evidence, and whether the analysis meets the applicable provisions of CEQA and the State CEQA Guidelines. For each peer review, Kimley-Horn will:
 Evaluate the adequacy of the methods used to conduct the various parts of the Noise Assessment concerning regulatory standards and the State CEQA Guidelines. Our analysis will focus on the appropriateness/thoroughness of the methodology and analysis; whether the analysis conclusions are supported by factual/credible evidence; and whether the analysis meets the requirements under applicable provisions of the CEQA and State CEQA Guidelines;
 Evaluate the consultant’s recommendations and conclusions based on State CEQA Guidelines, City CEQA procedures, and State and federal laws as applicable;  Prepare a Draft Memorandum to present peer review findings and make recommendations;
 Conduct follow-up review of the revised technical study to verify the Draft Memorandum recommendations have been incorporated; and
 Prepare a Final Memorandum to substantiate compliance with the Draft Memorandum recommendations.

kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951 543 9868

D) Peer Review of Phase I Environmental Site Assessment Kimley-Horn will peer review the applicant’s Phase I Environmental Site Assessment. The Report will be peer-reviewed for accuracy as well as compliance with CEQA Threshold requirements. A peer review memorandum will be prepared and submitted to City staff for review.

Task 4. Draft CEQA Section 15183 Consistency Analysis
Based on review of the project application materials, the project may qualify for a consistency evaluation pursuant to State CEQA Guidelines Section 15183 Projects Consistent with a Community Plan or Zoning, based on the project’s consistency with the adopted City of Lake Elsinore General Plan and General Plan EIR. The environmental document for the proposed project would be based on the certified City of Lake Elsinore General Plan EIR. Section 15183 of the State CEQA Guidelines provides the most flexibility for projects that have some variations relative to the original environmental document. Using the requirements of this section, we would utilize the supporting site development plans, architectural renderings, and other project specific (technical) studies prepared by the applicant and Kimley-Horn to demonstrate where the conclusions and mitigation measures in the previously certified EIR would remain valid, and to validate/rule out the need for additional analysis and/or new mitigation measures to meet current regulatory and/or City requirements.

Kimley-Horn will complete the CEQA Initial Study and Environmental Checklist as the means to substantiate the CEQA direction anticipated. Kimley-Horn will complete the Initial Study Checklist in accordance with CEQA Guidelines and in accordance with City of Lake Elsinore format/procedural requirements. We fully anticipate that the Scope of the Initial Study will be reviewed/vetted by and with City Staff to ensure concurrence on approach, completeness, and to verify/validate current IS/Environmental Checklist format and procedures.

Given the size, characteristics, and location of the project, we anticipate the technical memoranda (to be provided by the applicant) would serve as a “consistency” analysis of the project with the UCSP EIR assumptions, thresholds, and environmental parameters. Further, as part of this analysis, Kimley-Horn will also assess whether or not the requested entitlements would trigger any new environmental effects that fall into the following categories:
 Are new impacts created that are peculiar to the project or the parcel on which the project is located?
 Are new impacts or more significant impacts created that were not analyzed as significant effects in the prior EIR?
 Are new or potentially significant off-site impacts or cumulative impacts which were not analyzed in the prior EIR? And,

kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951 543 9868

 Are previously identified significant effects which, as a result of substantial new information, are determined to have a more sever adverse impact than discussed in the prior EIR?
Following review of the technical memorandums, Kimley-Horn will meet with City Staff to discuss the findings and determine the appropriate CEQA documentation to be prepared (Section 15183 analysis, Mitigated Negative Declaration or Negative Declaration). If new environmental effects based on the categories above are identified, a Section 15183 analysis will not be applicable, and instead, a Mitigated Negative Declaration would be anticipated, and could be provided under a separate scope and fee.

As identified above, the Initial Study will form the basis for the Environmental Analysis discussion and will provide the necessary background for determining the potential for significant environmental effects associated with the proposed project. Each of the topics identified on the environmental assessment form contained in the State CEQA Guidelines will be evaluated to document the nature and extent of any potential environmental consequences and the need for mitigation. Many of the issue areas addressed in the Initial Study will not have the potential for significant effects (i.e., “No Impact” or “Less than Significant Impact”) due to the type and size of the proposed project. However, the document will address any potential impacts under all environmental issues. The specific purpose of the analysis in the Initial Study will be to identify all potential significant adverse environmental impacts and incorporate any necessary mitigation measures to reduce or eliminate any adverse consequences.

Kimley-Horn will prepare a draft Initial Study/ Section 15183 Consistency Analysis document to include the following sections:
 Introduction. This section will introduce the Initial Study, describe the purpose of the Initial Study and determination for the preparation of the appropriate environmental document and will provide a brief summary of the findings of the Initial Study.  Environmental Setting. The environmental setting will describe existing physical setting and characteristics of the project site, as well as the setting and character of adjacent land uses and the surrounding area.
 Project Description. The project description will provide a detailed, yet concise, description of the proposed project. The purpose and need for the project will be clearly stated, along with the anticipated (community) benefits of the proposed project. Any discretionary actions needed to implement the project will be identified.

kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951 543 9868

 Environmental Analysis. This section will provide an expanded discussion of the environmental issues as presented in the Environmental Initial Study checklist. Each checklist question will be presented along with a response. A statement will be provided to clearly support the checklist response to each question. References used as the basis for the analysis will also be listed after each response.

Task 5. Revised CEQA Section 15183 Consistency Analysis Once the Draft CEQA Section 15183 Consistency Analysis is completed, it will be presented to the City for review and comment. The City will review the information provided in the Consistency Analysis relative to the project and provide comments on the Consistency Analysis. Kimley-Horn will address any comments and submit the updated Consistency Analysis to the City for review and final comment. This scope of work assumes 30 hours of staff time to complete the responses to comments. If the number or nature of the comments require additional time to complete the responses to comments, written authorization from the City will be required to exceed 30 hours.

Kimley-Horn will address comments from the City and resubmit the Consistency Analysis. This task assumes up to one consolidated set of comments from the Client and City.

Task 6. Project Management/Meetings
The Kimley-Horn team will be led by Ms. Kari Cano will act as a Project Manager for the duration of the project. Kari has 18 years of CEQA/NEPA experience working with various cities in the Inland Empire, including multiple projects in the City of Lake Elsinore. This task includes attendance at up to two (2) hearings/public meetings for the Project. This task also assumes a total of 35 hours of management and meetings time.

kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951 543 9868

Schedule
Kimley-Horn will expedite the schedule to the extent practical.

Notice to Proceed Week 1
Prepare Project Description Week 2
City Review - Draft Week 2
Peer Review of Technical Studies Weeks 2-4
Preliminary Draft Consistency Analysis Weeks 1-8
City Review - Draft Week 9-11
Address City Review – Draft Comments Week 12-14
City Review – Final and “OK for Print” Week 15
Public Hearing/Meeting Week TBD

Please note this schedule assumes that all technical studies would be provided to Kimley-Horn at Project kickoff. Additionally, this schedule is highly dependent on timely review and responses from City staff. If a separate review process by the Project Applicant or City third-party CEQA reviewer or legal counsel is desired, the schedule and fee estimate may be increased to allow for additional coordination and review/revision time.

kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951 543 9868

Fee Estimate
Kimley-Horn proposes to complete the above scope of work on a lump-sum basis with the assumptions as noted above, as follows:

Task 1: Project Kickoff $1,500
Task 2: Project Description $2,500
Task 3: Technical Studies $20,600

A) Peer Biological Resources/MSHCP Consistency $2,900
B) Peer Review Cultural Resources Assessment $1,600
C) Peer Review AQ/GHG/Noise/Energy $14,300
D) Peer Review Phase I ESA $1,800

Task 4: Draft CEQA Section 15183 Consistency $36,600
Task 5: Revised CEQA Section 15183 Consistency $8,500
Task 6: Project Management/Meetings $8,900

Total Fee $78,600

We look forward to the opportunity to work with the City on this Project. Should you have any questions or require additional information, please contact Project Manager, Ms. Kari Cano at (951) 543-9869 or via email at [email protected].

Sincerely,

Kari Cano, Project Manager Kevin Thomas, CEP, ENV SP

kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951 543 9868

Resumes of Key Staff
Kari Cano
Project Manager
Kari Cano has 18 years of experience as an environmental planner, and is responsible for preparing and managing environmental and planning studies for public and private sector clients, under the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). She comes to the field of planning/environmental planning from a diverse background in urban development and political science.

With an in-depth understanding of state and local policies, she provides CEQA compliance review and environmental documentation, in addition to research, analysis, and writing. Her experience includes the analysis of commercial, recreational, industrial, and residential projects in the counties of San Bernardino, Los Angeles, Riverside, Ventura, San Diego, and San Joaquin.

Relevant Experience
• Menifee Commerce Center EIR, Menifee, CA – Project Manager • Crossroads MND, Menifee, CA – Project Manager
• Motte Business Center EIR, Menifee, CA – Project Manager • Northern Gateway Commerce Center, Menifee, CA – Project Manager
• Compass Northern Gateway Center, Menifee, CA – Project Manager
• CADO Industrial Project, Menifee, CA – Project Manager • Mill Creek Specific Plan EIR, Menifee, CA – Peer Review Project Manager
• Palomar Crossings Specific Plan EIR, Menifee, CA – Peer Review Project Manager
• Rockport Ranch Specific Plan EIR, Menifee, CA – Peer Review Project Manager
• The Junction Addendum EIR, Menifee, CA – Peer Review Project Manager
• South 35 ISMND, Menifee, CA – Peer Review Project Manager • Haun and Holland ISMND, Menifee, CA – Project Manager Professional Credentials
• Master of Arts, Political
Science, California
State University,
Fullerton
• Bachelor of Arts,
Political Science,
California State
University, Fullerton

Professional Affiliations
• American Planning
Association

kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951 543 9868

• El Paseo MND, City of Fontana, CA - Project Manager
• Prestige Homes Technical Studies, City of Fontana, CA -Project Manager • REDA North Logistics Center ISMND, City of San Bernardino, CA, Task Manager • REDA South Logistics Center ISMND, City of San Bernardino, CA, Task Manager • Renaissance East Addendum EIR, City of Rialto, CA -Task Manager • Rialto Fulfillment Center Addendum EIR, City of Rialto, CA -Task Manager • Bloomington Business Center EIR, County of San Bernardino, CA - Project Manager • Western Realco EIR, County of San Bernardino, CA - Project Manager • Earvin Magic Johnson Recreation Park Master Plan EIR, County of Los Angeles, CA - CEQA Task Manager
• San Sevaine Trail ISMND, City of Fontana, CA - Project Manager • Tracy Hills Specific Plan EIR, City of Tracy, CA - Environmental Planner • Oasis Park ISMND, Community of Oasis, CA - Project Manager • Oak View Estates EIR, City of Bradbury, CA - CEQA Task Manager. • Encroachment Purchase Program ISMND, City of Chino Hills, CA - Project Manager • Deep Creek Homes EIR, County of San Bernardino, CA -
Project Manager.
• Ridge Fontana ONE Addendum EIR, City of Fontana, CA - Project Manager. • Ridgeline Commercial Development ISMND, City of San Bernardino, CA - Project Manager. • Arrow Recovery Warehouse ISMND, City of Fontana, CA - Project Manager. • North Shore Park ISMND, Salton Sea, CA - Project Manager. • Serena Park EIR Peer Review, City of Palm Springs, CA - Project Manager. • Butterfield Specific Plan EIR, Banning, CA - Environmental Planner

kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951 543 9868

Jessica Mauck, MA, RPA

Jessica has over a decade of experience in archaeology, including long-term contracting for Federal land management agencies (USFS, NPS, DoD, BLM, etc.), overseeing Cultural Resources Management programming within Tribal government, and serving on several historic preservation advisory groups for State and Federal agencies. She has extensive experience conducting all phases of archaeological fieldwork and reporting under applicable state and federal law, such as the NHPA, NEPA, and CEQA. She also has many years of experience managing process for inadvertent discoveries of human remains and the inventory/repatriation of existing archaeological collections subject to State and Federal law, such as the Native American Graves Protection and Repatriation Act (NAGPRA) and California Health & Safety Code (Section 7050.5).

Professional Credentials
• Listed in Register of Professional Archaeologists (RPA Number 37243944) • Meets Secretary of Interior (SOI) Professional Qualifications for Archaeology and History • Master of Arts, Historical Archaeology, University of Leicester, England • Bachelor of Arts, Anthropology, University of California, Los Angeles

Relevant Experience
• 1610 Artesia Blvd Project, Cultural Resources Assessment, Gardena, CA • Banning Commerce Center, Paleontological Resources Assessment, Banning, CA • Lowes Norwalk Relocation Project, Cultural Resources Assessment, Norwalk, CA • Park 55 Project, Cultural Resources Assessment, Santa Ana, CA • Runway 6 Improvements, Cultural Resources Assessment/Tribal Consultation Support, Hollister, CA
• BNSF BIG Barstow, Environmental Support Services, Barstow, CA • LA ART Project, Environmental Support Services, Los Angeles, CA • Irwindale Speedway, Cultural Resources Assessment, Irwindale, CA • Mojave Micro Mill, Cultural Resources Assessment Peer Review, Mojave, CA • The Greens - Indio Project, Cultural Resources Assessment, Indio, CA • 2245 W. Valley Blvd Project, Cultural Resources Assessment, Colton, CA • City of Redlands, Crafton Pipeline Replacement Project, Redlands, CA – Lead Reviewer/Consulting Party (CEQA - Cultural Resources and Tribal Cultural Resources)* • City of Victorville, Southern California Logistics Center Expansion, Victorville, CA – Lead Reviewer/Consulting Party (CEQA - Cultural Resources and Tribal Cultural Resources)* • County of San Bernardino, Daggett Solar Project, Daggett, CA – Lead Reviewer/Consulting Party (CEQA - Cultural Resources and Tribal Cultural Resources)*

kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951 543 9868

• County of San Bernardino, Lucerne Solar Project, Lucerne Valley, CA – Lead Reviewer/Consulting Party (CEQA - Cultural Resources and Tribal Cultural Resources)* • Caltrans, SR138 Improvements Project, Cajon Pass, CA – CEQA - Cultural Resources and Tribal Cultural Resources; NHPA/NEPA - Cultural Resources* • High Speed Rail Authority, High Speed Rail Project (Bakersfield to Palmdale, Palmdale to Burbank), Various Cities, CA – Lead Reviewer/Consulting Party (CEQA - Cultural Resources and Tribal Cultural Resources)*
• *Prior to joining Kimley-Horn

kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951 543 9868

Travis J. McGill, ELMT Consulting
Biologist/Regulatory Specialist
Mr. Travis McGill specializes in conducting due diligence surveys, habitat assessments, preparing biological technical reports, botanical surveys, protocol listed species surveys, and assisting with environmental permitting and compliance for both public and private sector clients. He assists clients in compliance with a range of environmental regulations, including the California Environmental Quality, National Environmental Policy Act, and State and Federal Endangered Species Acts. He also has
experience preparing and processing federal and State Incidental Take Permits through the United States Fish and Wildlife Service (Section 7 and Section 10 of the Federal Endangered Species Act) and California Department of Fish and Game (Section 2080.1, 2081, subds. (b}{c) of the Fish and Game Code).

Mr. McGill conducts delineations of state and federal jurisdictional waters and helps clients through the regulatory permit process pursuant to Sections 404 and 401 of the Clean Water Act, the California Porter-Cologne Water Quality Control Act, and Section 1602 et. seq. of the California Fish and Game Code. Mr. McGill has effectively drafted and processed numerous state and federal regulatory applications for residential, restoration, commercial, flood control, institutional, and transportation projects. Mr.

McGill also performs California Rapid Assessment Method analyses on riverine and depressional areas to identify the functionality of a drainage system.

Mr. McGill also prepares and conducts Worker Education Training programs, biological monitoring, and nesting bird and burrowing owl clearance surveys in compliance with the federal Migratory Bird Treaty Act and California Fish and Game Code Section 3503, 3503.5, and 3513.

Project Experience
Salt Creek Trail Project, Cities of Menifee and Hemet, California.

County of Riverside Transportation Department. Biologist/ Regulatory Specialist. The County proposes to construct and operate two (2) segments of the Salt Creek Trail, which will contribute to the County’s ultimate goal for an approximately 16-mile-long multi-use trail connecting the cities of Hemet and Menifee. The Project offers an alternative to gasoline-powered Years of Experience: 16
Education
B.S., 2006, Biology,
University of California at
San Diego
Certifications
Certificate, 2012, Field
Ornithology, University of
California at Riverside,
University Extension
Certificate, 2012, Wetland
Delineation, Wetland
Training Institute
Certificate, 2014, Certified
California Rapid
Assessment Method
(CRAM) Practitioner,
Riverine and Depressional
Wetlands
Certificate, 2014, GIS and
Spatial Analyst, California
State University at
Fullerton
Certificate Botany, 2015,
University of California at
Riverside, University
Extension
Additional Training
Southwestern Willow
Flycatcher Survey Training
Workshop, Southern
Sierra Research Station,
2014
Learning California Bird
Sounds, Sea and Sage
Audubon Society – Sylvia
Gallagher, 2012
Introduction to Desert
Tortoise Surveying,
Monitoring, and Handling
Techniques Workshop,
Desert Tortoise Council,
2011

kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951 543 9868

vehicle trips, which is key to achieving state and local air quality objectives. Mr. McGill prepared the Caltrans Natural Environment Study, jurisdictional delineation, sensitive plant survey, Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) consistency analysis, Determination of Biologically Equivalent or Superior Preservation (DBESP), and regulatory permits for the project. In addition, Mr. McGill attended several of the Western Riverside County Regional Conservation Authority (RCA) pre-application meetings to ensure project consistency with the MSHCP and negotiate the mitigation requirements for impacts to jurisdictional waters. Based on negotiations with the RCA and regulatory agencies, Mr. McGill prepared a Habitat Mitigation Monitoring and Reporting Plan to satisfy the mitigation requirements for the project.

Interstate 10/Avenue 50 Interchange Project, City Coachella, California. City of Coachella.

Biologist/Regulatory Specialist. The project includes the construction of a new interchange at Interstate 10 (I-10) and Avenue 50, from PM R62.3 to R63.7, within the limits of the City of Coachella (City) in the County of Riverside. The proposed interchange is located approximately

3.4 miles east of the existing I-10/Dillon Road interchange (PM 58.9) and approximately

12.7 miles west of the existing I-10/Aqueduct Wash interchange (PM 75.0). Within the limits of the project, I-10 is a four-lane freeway with a median running down the center and no High Occupancy Vehicle (HOV) facilities. Mr. McGill conducted and prepared the delineation of State and federal jurisdictional waters report and tow Caltrans Natural Environment Study- Minimal Impact (NES-MI) reports for the Aerially Deposited Lead and Geotechnical Borings portions of the project. The NES-MI reports included a Coachella Valley MSHCP Consistency Analysis to demonstrate the projects consistency with the Coachella Valley MSHCP. Mr. McGill successfully delineated the jurisdictional boundaries of the drainage features on-site and documented the biological resources occurring within the Biological Study Area. As part of the NES-MI report, Mr. McGill helped prepare a project impact analysis that included quantifying project impacts and outlining a permitting strategy for impacts to jurisdictional waters.

Mr. McGill successfully processed and obtained the Approved Jurisdictional Determination through the U.S. Army Corps of Engineers documenting that the drainage features on-site did not qualify as “Waters of the U.S”.

Date Palm Drive Bridge over Whitewater River Cathedral City, California. City of Cathedral City.

Biologist/Regulatory Specialist. The project included the widening of Date Palm Drive from four to six lanes adding sidewalks, bicycle lanes, and a central median. Mr. McGill conducted and helped prepare the delineation of State and federal jurisdictional waters report and Caltrans Natural Environment Study-Minimal Impact (NES-MI) for the project, which included a Coachella Valley MSHCP Consistency Analysis. Mr. McGill successfully delineated the jurisdictional boundaries of the Whitewater River and documented the biological resources occurring within the Biological Study Area. As part of the NES-MI report, Mr. McGill helped prepare a project impact analysis that included quantifying project impacts and outlining a permitting strategy for impacts to jurisdictional waters. Mr. McGill helped draft the resource agency permits through the California Department of Fish and Wildlife (Section 1602 Streambed Alteration Agreement), the Regional

kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951 543 9868

Water Quality Control Board (Section 401 Water Quality Certification), and the U.S. Army Corps of Engineers (Section 404 Nationwide Permit) for impacts occurring within the Whitewater River.

Sycamore Canyon Business Park Project, City of Riverside, California. Hillwood Investment Properties. Biologist/ Regulatory Specialist. The project would include the construction of two commercial warehouse buildings and associated infrastructure. In addition, multiple detention basins would be construction along the perimeter of the project site to treat surface runoff prior to being discharges off-site. Mr. McGill helped prepare the Delineation of State and Federal Jurisdictional Waters Report and Least Bell’s Vireo focused survey reports for the project and assisted with the negotiation efforts with the U.S. Army Corps of Engineers, Regional Water Quality Control Board, and California Department of Fish and Wildlife for impacts to on-site jurisdictional features.

Bautista Recharge Basin Expansion Project, Riverside County, California. Riverside County Flood Control and Water Conservation District. Biologist/Regulatory Specialist. The District, in partnership with the Lake Hemet Municipal Water District (LHMWD), proposed to design, construct, operate and maintain the Bautista Recharge Basin Expansion Project as part of an effort to fulfill the District's ongoing goal to promote water conservation and recharge. The recharge project was designed to promote infiltration and increase recharge in the Hemet-San Jacinto Valley groundwater basin areas. Mr. McGill prepared the habitat assessment, jurisdictional delineation, Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) consistency analysis, and Public/Quasi-Public Land Equivalency Analysis for the project.

Renaissance Specific Plan Burrowing Owl Relocation Plan, Rialto, California. Lewis-Hillwood Rialto Company. Biologist. The Renaissance Specific Plan was adopted by the City of Rialto in 1997 to provide a long-term strategy for the development of the Rialto Municipal Airport and surrounding area. Currently, Lewis – Hillwood Rialto Company, LLC owns or has an option to buy several of the properties within Renaissance Specific Plan Area. The proposed project included the development of a Town Center, residential housing ranging from low density to high density, a school, public park, a business center, and corporate center. Mr. McGill lead the biological studies for the project which include a general habitat assessment, focused burrowing owl survey, special-status plant suitability assessment, jurisdictional delineation and regulatory permitting. Several burrowing owl were found on the project site during the focused surveys, and Mr. McGill helped prepare a relocation plan that outlined the recommended methods proposed to relocate burrowing owls from the project site and provided measures that would be implemented for the maintenance, monitoring, and reporting of the relocated burrowing owls to increase chances of survivorship and ensure compliance with CDFW guidelines. Once the plan was approved by CDFW, Mr. McGill assisted the San Diego Zoo in the active relocation of the burrowing owls from the project site. The burrowing owls found within the project site were captured and actively relocated to a conservation site within the boundaries of the Western Riverside County MSHCP.

kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951 543 9868

Date Palm Drive Bridge over Whitewater River, Cathedral City, California. City of Cathedral City.

Biologist/Regulatory Specialist. The project included the widening of Date Palm Drive from four to six lanes adding sidewalks, bicycle lanes, and a central median. Mr. McGill conducted and helped prepare the delineation of State and federal jurisdictional waters report and Caltrans Natural Environment Study-Minimal Impact (NES-MI) for the project, which included a Coachella Valley MSHCP Consistency Analysis. Mr. McGill successfully delineated the jurisdictional boundaries of the Whitewater River and documented the biological resources occurring within the Biological Study Area. As part of the NES-MI report, Mr. McGill helped prepare a project impact analysis that included quantifying project impacts and outlining a permitting strategy for impacts to jurisdictional waters. Mr. McGill helped draft the resource agency permits through the California Department of Fish and Wildlife (Section 1602 Streambed Alteration Agreement), the Regional Water Quality Control Board (Section 401 Water Quality Certification), and the U.S. Army Corps of Engineers (Section 404 Nationwide Permit) for impacts occurring within the Whitewater River.

kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951 543 9868

Ace Malisos
Air and Noise Studies Manager
Ace Malisos has 17 years of experience as an environmental analyst with a specialty in acoustics, air quality, and climate change. Ace is responsible for preparing and managing environmental and planning studies for public and private sector clients, under the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) for a variety of environmental planning projects involving redevelopment, infrastructure, residential, mixed- use, institutional, and commercial uses.

Relevant Experience
• Southwest Industrial Park Specific Plan, Fontana, California. Fontana, City of. Environmental Specialist. The original Southwest Industrial Park Specific Plan was composed of four project areas totaling approximately 1,863 acres within the southern portion of the City of Fontana. The updated plan expanded to approximately 3,200 acres, encompassing a mixture of residential, commercial, and industrial uses recently annexed by the City. • Warehouse Development Environmental Impact Report, San Bernardino County, California. Western Realco. Environmental Specialist. Responsible for the greenhouse gas analysis and health risk assessment, as well as the air quality and noise peer reviews. The project included the preparation of a focused environmental impact report evaluating air quality, cultural resources, greenhouse gasses, land use, hazardous materials, and transportation to satisfy California Environmental Quality Act requirements. Ace also peer-reviewed applicant-provided technical studies and performed greenhouse gas and health risk assessments. Key environmental concerns included the presence of historic age structures to be demolished, land use changes, air quality impacts on residents and schools, and neighborhood traffic impacts.
• Garnet Street Bridge Replacement Project (San Bernardino County, California) Acoustical Analyst. The Garnet Street Bridge Replacement Project analyzed improvements to sections of Garnet Street that included widening the roadway and constructing new asphalt concrete, curb, gutter, sidewalk to accommodate for the wider bridge. Rock riprap would be installed at the bottom and side slopes through the proposed bridge to protect against scour and erosion. The proposed bridge would increase roadway design speeds from 25 miles per hour (mph) to 45 mph.
• Riverside North Aquifer and Storage Recovery Project, Riverside and San Bernardino C, California. City of Riverside. Environmental Planner. Responsibilities included acoustics and air quality. The project proposes the construction of an inflatable dam across the Santa Ana River, water lines, and groundwater recharge basins for capturing and recharging stormwater and imported water on the City of Riverside's Flume Well Tract.

Professional Credentials
• M.A. Urban and
Regional Planning,
University of California,
Irvine
• B. A., Environmental
Studies, University of
California, Santa Cruz

Professional Affiliations
• Urban Land Institute

kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951 543 9868

• Sycamore Creek Channel Improvements CEQA and Regulatory Services, San Bernardino County, California. County of San Bernardino. Environmental Specialist. Ace prepared the air quality, greenhouse gas, and noise analyses for the Initial Study/Mitigated Negative Declaration (IS/MND) for the Sycamore Creek Channel Improvements Project for the San Bernardino County Department of Public Works. The project involved the removal of debris (primarily concrete demolition waste) from the northeastern bank of Sycamore Creek, which has been utilized to reduce erosion and stabilize the channel adjacent to the San Bernardino County Sheriff’s Department (SBSD) Training Facility and Rehabilitation Center. The proposed improvements would consist of a riprap protection wall that would extend along the entire length of the SBSD Training Facility and Rehabilitation Center. • Lincoln Specific Plan Environmental Impact Report, Whittier, California. City of Whittier. Environmental Specialist. Responsibilities included acoustics and air quality. The 76-acre project is primarily located upon the former Fred C. Nelles Youth Correctional Facility, which was originally established in 1891 and ceased operations in 2004. The Environmental Impact Report (EIR) for the Lincoln Specific Plan analyzed a specific plan proposing over 700 dwelling units and 200,000 square feet of commercial/retail development. Associated improvements include open space areas, roadways, utility improvements, and landscaping. Primary environmental issues associated with the project included historical resources, traffic impacts on local and regional roadways, air quality, noise, and hazardous materials.
• Cox Communications Expansion Project, Poway, California. Cox Communications. Noise Specialist. The project involved the demolition of an existing telecommunications facility and a new building that would include upgraded transformers and two new emergency generators. The noise analysis calculated the noise levels at adjacent residences from emergency generator use and testing as well as the use of other mechanical equipment. The analysis identified specifications for upgraded enclosures for the emergency generators to ensure that noise levels would comply with City standards.

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Remon Habib, City Engineer
Date:July 23, 2024
Subject:Reimbursement Agreement with Pulte Homes for Pavement Improvements Recommendation
Approve and authorize the City Manager to execute a reimbursement agreement with Pulte Home, Inc. in the amount of $128,915.20 for pavement improvements in such final form as approved by the City Attorney.

Background
Pulte Homes is constructing 344 Single-family residential units in the Alberhill neighborhood of the City as part of 28214 Tract (Alberhill Ranch). One of the conditions of approval for the project is to widen Nichols Road between Lake Street and Terra Cotta Road and to grind and overlay the existing cross-section adjacent to the widening.

Upon recent inspection of a portion of the road, 38,000 SF of pavement was identified as alligatored and deteriorated to the point that an overlay would not be a suitable rehabilitation. This section must be removed and replaced by an additional 4 inches of pavement. This work falls outside of the conditions of approval.

Discussion
Pulte Homes reached out to the City, and City staff negotiated a tentative agreement whereby the City would participate in the additional cost in order to proceed with the correct pavement treatment. Removing and replacing the deteriorated pavement will ensure that the newly placed pavement will reach its full life without needing early intervention by the City. The cost share to the City is $128,915.20.

Agreement with Pulte Homes

Staff reviewed the estimate against recently completed projects and concluded that it’s to the City’s benefit to have Pulte Homes perform the work now and take advantage of the contractor and crews that are already mobilized, as well as traffic control already set up in the area. Doing this work as a separate project by the City would result in higher costs and significant delays.

Pulte and its subcontractors plan to perform the remaining paving work at Nichols by the end of July.

Fiscal Impact
Fiscal Impact from the reimbursement agreement results into $128,915.20 which will be paid for as part of funding allocated to Capital Pavement Rehabilitation Projects allocated by the City under its CIP plan.

Attachments
Attachment 1 - Reimbursement Agreement
Exhibit A - Reimbursement Request from Pulte Homes
Engineering
Attachment 1 - Reimbursement Agreement.pdf1

REIMBURSEMENT AGREEMENT
Vesting Tentative Tract Map 28214
Nichols Road Paving Improvements
THIS REIMBURSEMENT AGREEMENT (“Reimbursement Agreement”), entered into this ____ day of July 2024 (the “Effective Date”), between the CITY OF LAKE ELSINORE, a municipal corporation (“City”), and Pulte ___________, a ______________________ (“Developer”). City and Developer are sometimes hereinafter referred to individually as “party” and collectively as “parties.”

RECITALS
The following Recitals are a substantive part of this Reimbursement Agreement. All capitalized terms set forth in the Recitals shall have the meanings ascribed in the Development Agreement as defined hereinbelow and as provided in Section 1 hereof unless otherwise provided herein.

A.Vesting Tentative Tract Map 28214 was approved on January 13, 2004 and, by way of subsequent legal actions, led to the phasing of development such that development related to TTM 28214-9 is currently being developed by Developer.

B.TTM 28214-9 requires, as a condition of approval, the paving of certain off-site Paving Improvements by Developer, notably paving conducted in connection with the widening of portions of Alberhill Ranch Road, Nichols Road, and Lake Steet (the “Developer Paving Improvements”).

C.While the Developer is responsible for certain widening and paving improvements on a portion of Nichols Road as part of the Developer Paving Improvements, there are adjacent existing portions of Nichols Road within the City’s municipal responsibilities that are in immediate need of rehabilitation (the “City Paving Improvements”).

D.After discussions between representative of the City and Developer, the parties have determined that the portion of Nichols Road lying within the City Paving Improvements can be rehabilitated as a cost savings to the City if done concurrently with Developer’s work required under the conditions of approval for the Developer Paving Improvements. The City Paving Improvements and the Developer Paving Improvements are hereinafter referred to as the “Paving Improvements.”
E.This Reimbursement Agreement is entered into (1) for the purpose of coordinating Developer’s planning and paving of the Paving Improvements in accordance with approved plans, and (2) to provide a mechanism to reimburse Developer for the hard costs incurred in the paving of the City Paving Improvements (the “Reimbursements”), all as specifically set forth in the terms and conditions described below.
2 F.The total cost of the paving for the Paving Improvements addressed herein is $257,830.39. Subject to the reimbursement provisions set forth in this Reimbursement Agreement, the Developer will finance and complete the Paving Improvements described in Attachment No. 1 attached hereto and incorporated herein by reference. City agrees to reimburse Developer from available capital improvement funds for fifty percent (50%) of the Actual Cost of the Paving Improvements completed by Developer, that is, $128,915.20.

AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows:

Section 1. Definitions
The following terms shall have the meanings ascribed to them in this Section 1 for purposes of this Reimbursement Agreement. Unless otherwise indicated, any other terms, capitalized or not, when used herein shall have the meanings ascribed to them in the Development Agreement.
“Actual Cost” means the cost of the Paving Improvements incurred by Developer based on the actual hard costs for the construction of such Paving Improvements, including labor, materials and equipment as quoted by the contractor. Marathon General, Inc., based on the quote attached hereto as Attachment No. 1. Actual Cost shall not include any internal or overhead costs of Developer.
“Paving Improvements” are those off-site improvements described in Attachment No. 1 to this Reimbursement Agreement.
“Plans” means the plans and specifications for the Paving Improvements approved by the City Engineer pursuant to applicable City standards. “Reimbursement Request” means a document, substantially in the form of Attachment No. 2 hereto, to be used in requesting a payment of a reimbursement amount.

Section 2. Duty of Developer to Construct. The Developer shall construct or cause to be constructed at its own cost, expense and liability the Paving Improvements in accordance with the Plans. The Developer shall perform all of its obligations hereunder and shall conduct all operations with respect to the construction of the Paving Improvements in a good, workmanlike and commercially reasonable manner, with the standard of diligence and care normally employed by duly qualified persons utilizing commercially reasonable efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken.

Section 3. Preparation and Approval of Plans and Specifications. The Developer has or shall cause such plans and specifications as required by the City Engineer (the “Plans”) to be prepared for the Paving Improvements and shall obtain the written approval of the Plans from the City Engineer.
3 Section 4. Licenses and Permits. Prior to commencement of construction, Developer shall have secured (or shall have caused to be secured) any and all permits (“Permits”) which may be required by the City or any other governmental agency affected by the construction of the Paving Improvements. The Developer shall be responsible for paying all applicable fees and charges to the City to obtain any permits which are necessary to construct the Paving Improvements.

Section 5. Construction Requirements.
(a) The Developer shall require, and the specifications and contract documents shall require all contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to the extent such individuals or entities are engaged to perform work on the Paving Improvements, to pay at least general prevailing wage rates to all workers employed in the execution of the contract, to post a copy of the general prevailing wage rates at the job-site in a conspicuous place available to all employees and applicants for employment, and to otherwise comply with applicable provisions of the California Labor Code, the California Government Code and the California Public Contracts Code relating to general prevailing wage rates as required by the specifications approved by the City Engineer.
(b) The Developer shall require each contractor, subcontractor, vendor, equipment operator and owner operator, in each such case to the extent such individual or entity is engaged to perform work on the Paving Improvements, to provide proof of insurance coverage satisfying the requirements of Section 12 hereof throughout the term of the construction of the Paving Improvements. Rather than requiring its contractors to provide such insurance, the Developer may elect to provide the same for the benefit of its contractors. (c) The Developer shall comply, and shall cause each contractor, subcontractor, vendor, equipment operator and owner operator, in each such case to the extent such individual or entity is engaged to perform work on the Paving Improvements, to comply with such other requirements relating to the construction of the Paving Improvements as the City may impose by written notification delivered to the Developer, to the extent legally required as a result of changes in applicable federal, state or City laws, rules or procedures. (d) The Developer shall require, and the specifications and bid and contract documents shall require, all contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to the extent such individuals or entities are engaged to perform work on the Paving Improvements, to submit certified weekly payroll records to the City Engineer promptly upon request.

The Developer shall provide proof to the City Engineer, at such intervals and in such form as the City Engineer may require, that the foregoing requirements have been satisfied as to the Paving Improvements.

Section 6. Inspection; Completion of Construction. The City Engineer shall have responsibility for providing inspection of the work of construction of the Paving Improvements to insure that the work of construction is accomplished in accordance with the Plans approved by the 4 City Engineer. City personnel shall have access to the site of the work construction at all reasonable times for the purpose of accomplishing such inspection.

No later than ten business days after receiving notification from the City that the Paving Improvements have been constructed in accordance with the Plans, the Developer shall forthwith file with the Lake Elsinore City Clerk a Notice of Completion pursuant to the provisions of Section 3093 of the California Civil Code.

Section 7. Maintenance of Facilities; Warranties. The Developer shall maintain the Paving Improvements in good and safe condition until they are approved and accepted by the City.

Prior to the City’s acceptance of the Paving Improvements, the Developer shall be responsible for maintaining the Paving Improvements in proper operating condition, and shall perform such maintenance as the City Engineer reasonably determines to be necessary. As of the date of the City’s acceptance of the Paving Improvements, the Developer shall assign to the City all of the Developer’s rights in any warranties, guarantees, maintenance obligations or other evidence of contingent obligations of third persons with respect to the Paving Improvements.

Section 8. Ownership of Paving Improvements. Notwithstanding the fact that a portion or all of the Paving Improvements may be constructed on property that has been or will be dedicated to the City, the Paving Improvements shall be and remain the property of the Developer until acceptable title thereto is conveyed to the City as provided herein. Such ownership by the Developer shall likewise not be affected by any agreement that the Developer may have entered into or may enter into with the City pursuant to the provisions of the Subdivision Map Act, Section 66410 et seq. of the Code, and the provisions of this Section shall control.

Section 9. Acquisition of Paving Improvements. The Developer hereby agrees to convey to the City and the City hereby agrees to accept the satisfactorily completed Paving Improvements subject to the terms and conditions hereof. City may accept fully completed portions as discrete components of the Paving Improvements prior to such time as all of the Paving Improvements are complete, which shall not release or modify Developer’s obligation to compete the remainder of the Paving Improvements. For purposes of this Agreement, “satisfactorily completed” shall mean completed by Developer in accordance with all Plans, permits and all applicable federal, state and local laws, regulations and standards. Notwithstanding the foregoing, City may not accept any Paving Improvements unless and until Developer provides one set of “as built” or record drawings or plans to the City for such Paving Improvements. The drawings shall be certificated and shall reflect the condition of the Paving Improvements as constructed, with all changes incorporated therein.

Section 10. Reserved.

Section 11. Reimbursement Request; Reimbursement Notice and Payment of Reimbursements.
(a) The Developer acknowledges that the Reimbursements paid for the Paving Improvements accepted by the City pursuant to this Agreement shall not exceed the amount of $128,915.20.
(b) Upon recordation of a Notice of Completion for Paving Improvements and acceptance of the Paving Improvements by the City, the Developer shall submit to the City Engineer 5 a Reimbursement Request in the form of Attachment No. 2 attached hereto and incorporated herein by this reference, including copies of contracts, invoices, cancelled checks or other documentation requested by the City Engineer evidencing costs actually incurred by Developer (“Reimbursement Request”). The City Engineer shall use commercially reasonable efforts to determine the amount of the Reimbursements within thirty (30) days of receipt of the Reimbursement Request submitted by the Developer.
(c) The City Engineer will provide the Developer written notice (the “Reimbursement Notice”), of the approved dollar amount of the Reimbursements. (d) All Reimbursements administered by the City pursuant to this Agreement shall be with the Developer only, unless modified by a separate agreement between the City and the Developer or other successor in interest to Developer.

Section 12. Insurance Requirements. Without limiting or diminishing the Developer’s obligation to indemnify or hold the City harmless, the Developer shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage during the term of this Agreement.
(i) Commercial General Liability: Developer shall maintain Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations, explosion, collages, use of cranes, and other heavy equipment and underground hazards, personal and advertising injury covering claims which may arise from or out of Developer’s performance of its obligations hereunder (“Policy”). The Policy shall name by endorsement the City and its special districts, respective directors, officers, Board of Supervisors, elected officials, employees, agents or representatives as Additional Insureds. The Policy’s limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance Policy contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. (ii) Vehicle Liability: Developer shall maintain liability insurance for all owned, non-owned or hired vehicles in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall name by endorsement the City, its special districts, their respective directors, officers, Board of Supervisors, elected officials, employees, agents or representatives as Additional Insureds.
(iii) Worker’s Compensation Insurance: Developer shall maintain Workers’ Compensation Insurance (Coverage A) as prescribed by the laws of the State of California.

Section 13. Representations, Warranties and Covenants of the Developer. The Developer makes the following representations, warranties and covenants for the benefit of the City, as of the date hereof and as of the date of the Reimbursement Request is delivered to the City hereunder:
6 (a) Organization. The Developer represents and warrants that the Developer is a ______________________ duly organized and validly existing under the laws of the State of ___________________, is in good standing under the laws of the State, and has the power and authority to own its properties and assets and to carry on its business as now being conducted and as now contemplated.
(b) Authority. The Developer represents and warrants that the Developer has the power and authority to enter into this Agreement, and has taken all action necessary to cause this Agreement to be executed and delivered, and this Agreement has been duly and validly executed and delivered on behalf of the Developer.
(c) Binding Obligation. The Developer represents and warrants that this Agreement is a valid and binding obligation of the Developer and is enforceable against the Developer in accordance with its terms, subject to bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors’ rights in general and by general equity principles. (d) Qualifications and Licenses. Developer represents that it or its contractors shall possess the skills, qualifications and experience to perform the work assigned to them, and that they shall have all licenses, permits, certifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, certifications and approvals shall be continuously maintained until all Paving Improvements have been accepted by the City.

Notwithstanding the foregoing, nothing set forth in this Agreement shall be construed to require the Developer to perform any work requiring a contractor’s license, nor shall the Developer be deemed to be performing construction services pursuant to this Agreement. (e) Completion of Paving Improvements. The Developer covenants that it will use its reasonable and diligent efforts to do all things that may be lawfully required of it in order to cause the Paving Improvements to be completed in accordance with this Agreement. (f) Compliance with Laws. The Developer covenants that at all times prior to the City’s approval and acceptance of the Paving Improvements, including the period of construction, ownership and maintenance by the Developer, Developer will not commit, suffer or permit any of its agents, employees or contractors to commit any act to be done in, upon or to the Paving Improvements in violation in any material respect of any law, ordinance, rule, regulation or order of any governmental authority or any covenant, condition or restriction now or hereafter affecting the Property or the Paving Improvements, including but not limited to the Americans With Disabilities Act (ADA) of 1990, (42 U.S.C. 12101, et seq.), and regulations and guidelines issued pursuant to the ADA, and Labor Code Sections 1700-1775, which require prevailing wages to be paid to any employee performing work covered by Labor Code Section 1720 et seq. Developer hereby agrees and acknowledges that it has not received, and is not relying on any statements or representations by City or any of its officers, agents or employees in entering into this Agreement, specifically including but not limited to any statements or representations regarding the applicability of Labor Code Section 1720, et seq. to the development or construction of the Project or specifically the Paving Improvements, and Developer hereby expressly waives, releases and relinquishes any and all rights and interests in and to any claim it has, or may have in the future, against the City in connection with this Agreement, including specifically but not limited to any right or interest in any claim pertaining 7 to the payment of, or obligation to pay, prevailing wages pursuant to of Labor Code Section 1720, et seq.
(g) Reimbursement Requests. The Developer represents and warrants that it will diligently follow all procedures set forth in this Agreement with respect to Reimbursement Requests and that all documentation submitted shall be true and accurate. (h) Financial Records. Until the City’s final acceptance of the Paving Improvements, the Developer covenants to maintain proper books of record and account for the Paving Improvements and all costs related thereto. The Developer covenants that such accounting books will be maintained in accordance with generally accepted accounting principles, and will be available for inspection by the City and the City Manager, at any reasonable time during regular business hours on two business days’ prior written notice, subject to mutually acceptable arrangements regarding the confidentiality of proprietary data.

Section 14. Representations, Warranties and Covenants of City. City makes the following representations, warranties and covenants for the benefit of the Developer:
(a) Authority. City represents and warrants that City has the power and authority to enter into this Agreement, and has taken all action necessary to cause this Agreement to be executed and delivered, and this Agreement has been duly and validly executed and delivered on behalf of the City.
(b) Binding Obligation. City represents and warrants that this Agreement is a valid and binding obligation of City and is enforceable against City in accordance with its terms, subject to bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors’ rights in general and by general equity principles.
(c) Completion of the Paving Improvements. The City covenants that it will use its reasonable and diligent efforts to expeditiously take all actions that may be lawfully required of it in issuing permits, processing and approving plans and specifications and inspecting the Paving Improvements in accordance with this Agreement.
(d) Reimbursement Requests. City represents and warrants that it will diligently follow all procedures set forth in this Agreement with respect to the evaluation of Reimbursement Requests and payment of the Reimbursements.

Section 15. Indemnification. The Developer agrees to protect, indemnify, defend and hold the City, and its respective officers, employees and agents, and each of them, harmless from and against any and all claims, losses, expenses, suits, actions, decrees, judgments, awards, attorney’s fees, and court costs (including any claims or liability asserted pursuant to Labor Code Section 1720, et seq.) which the City, or its respective officers, employees and agents, or any combination thereof, may suffer or which may be sought against or recovered or obtained from the City, or its respective officers, employees or agents, or any combination thereof, as a result of or by reason of or arising out of or in consequence of (a) the acquisition, construction, or installation of the Paving Improvements occurring prior to the City’s acceptance of such Paving Improvements by the City; (b) the untruth or inaccuracy of any representation or warranty made by the Developer in this Agreement or in any certifications delivered by the Developer hereunder; or (c) any act or omission of the Developer or 8 any of its subcontractors, or their respective officers, employees or agents, in connection with the Paving Improvements. If the Developer fails to do so, the City shall have the right, but not the obligation, to defend the same and charge all of the direct or incidental costs of such defense, including any attorneys’ fees or court costs, to and recover the same from the Developer.

Section 16. Developer as a Private Developer. In performing under this Agreement, it is mutually understood that the Developer is acting as a private developer, and not as an agent of the City. The City shall have no responsibility for payment to any contractor, subcontractor or supplier of the Developer. Accordingly, this Agreement does not constitute a debt or liability of the City.

Except as expressly provided in Section 11 regarding Reimbursements, the City shall not be obligated to advance any of its own funds or any other costs incurred in connection with the Project. No member, official or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Developer or its successors, or on any obligations under the terms of this Agreement.

Section 17. Other Agreements. Nothing contained herein shall be construed as affecting the City’s or the Developer’s respective duty to perform its respective obligations under other agreements, land use regulations or subdivision requirements relating to the development of the Property, which obligations are and shall remain independent of the Developer’s rights and obligations, and the City’s rights and obligations, under this Agreement; provided, however, that the Developer shall use its reasonable and diligent efforts to perform each and every covenant to be performed by it under any lien or encumbrance, instrument, declaration, covenant, condition, restriction, license, order, or other agreement, the nonperformance of which could reasonably be expected to materially and adversely affect the acquisition, construction and installation of the Paving Improvements.

Section 18. Binding on Successors and Assigns. Neither this Agreement nor the duties and obligations of the Developer hereunder may be assigned to any person or legal entity without the written consent of the City, which consent shall not be unreasonably withheld or delayed. Neither this Agreement nor the duties and obligations of the City hereunder may be assigned to any person or legal entity, without the written consent of the Developer, which consent shall not be unreasonably withheld or delayed. The agreements and covenants included herein shall be binding on and inure to the benefit of any partners, permitted assigns, and successors-in-interest of the parties hereto.

Section 19. Amendments. This Agreement can only be amended by an instrument in writing executed and delivered by the City and the Developer.

Section 20. Waivers. No waiver of, or consent with respect to, any provision of this Agreement by a party hereto shall in any event be effective unless the same shall be in writing and signed by such party, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which it was given.

Section 21. No Third Party Beneficiaries. No person or entity, other than the City, shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City and the Developer (and their respective successors and assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement.
9 Section 22. Notices. Any written notice, statement, demand, consent approval, authorization, offer, designation, request or other communication to be given hereunder shall be given to the party entitled thereto at its address set forth below, or at such other address as such party may provide to the other party in writing from time to time, namely:

Developer: Pulte Group
Attn: Matthew D. Matson
27401 Los Altos, Ste. 400
Mission Viejo, CA 92691
City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92539
Each such notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication hereunder shall be deemed delivered to the party to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if given by electronic communication, upon the sender’s receipt of an appropriate answerback or other written acknowledgment, (c) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or (e) if given by any other means, upon delivery at the address specified in this Section.

Section 23. Jurisdiction and Venue. City and the Developer (a) agree that any suit action or other legal proceeding arising out of or relating to this Agreement shall be brought in state or local court in the County of Riverside or in the Courts of the United States of America in the district in which the City is located, (b) consent to the jurisdiction of each such court in any suit, action or proceeding, and (c) waive any objection that it may have to the laying of venue or any suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. Each of the City and the Developer agrees that a final and non- appealable judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

Section 24. Attorneys’ Fees. If any action is instituted to interpret or enforce any of the provisions of this Agreement, the prevailing party in such action shall be entitled to recover from the other party thereto reasonable attorney’s fees and costs of such suit (including both prejudgment and post judgment fees and costs) as determined by the court as part of the judgment.

Section 25. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California.

Section 26. Incorporation of Recitals. The parties acknowledge the facts as set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein. 10 Section 27. Usage of Words. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine.

Section 28. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.

Section 29. Default Remedies. Failure by either Party to perform any action or covenant required by this Reimbursement Agreement constitutes a “Default” under this Reimbursement Agreement. A Party claiming a Default shall give written Notice of Default to the other Party specifying such Default. Except as otherwise expressly provided in this Reimbursement Agreement, the claimant shall not institute any proceeding against any other Party, and the other Party shall not be in Default if such party within thirty (30) days from receipt of such Notice immediately, with due diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy with diligence.

Section 30. Integration. This Reimbursement Agreement and the Development Agreement contain the entire understanding between the parties relating to the transaction contemplated by this Reimbursement Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Reimbursement Agreement and shall be of no further force or effect. Each Party is entering this Reimbursement Agreement based solely upon the representations set forth herein and upon each Party’s own independent investigation of any and all facts such party deems material. This Agreement constitutes the entire understanding and agreement of the Parties, notwithstanding any previous negotiations or agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter of this Reimbursement Agreement.

Section 31. Severability. If any term, provision, condition or covenant of this Reimbursement Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Reimbursement Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.

Section 32. Legal Advice. Each Party represents and warrants to the other the following:
they have carefully read this Reimbursement Agreement, and in signing this Reimbursement Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matter set forth in this Reimbursement Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Reimbursement Agreement; and, they have freely signed this Reimbursement Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other Party, or their respective agents, employees, or attorneys, except as specifically set forth in this Reimbursement Agreement, and without duress or coercion, whether economic or otherwise.

Section 33. Titles and Captions. Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of this Reimbursement Agreement or of any of its terms.
11 Section 34. Enforced Delay; Extension of Times of Performance. Performance by either party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this Agreement shall be extended, where delays or Defaults are due to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts or omissions of the other party; acts or failures to act of any other public or governmental agency or entity. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of the City Manager the Developer.

Section 35. Authority. The Developer has the legal power, right and authority to execute, deliver and enter into this Agreement and any and all other agreements and documents required to be executed and delivered by the Developer in order to carry out, give effect to, and consummate the transactions contemplated by this Agreement, and to perform and observe the terms and provisions of all of the above. The persons who have executed this Agreement on behalf of Developer and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement are authorized to execute and deliver the same on behalf of the Developer and all actions required under the organizational documents and applicable governing law for the authorization, execution, delivery and performance of this Agreement and all other documents or instruments executed and delivered, or to be executed and delivered pursuant hereto by the persons which have executed them, have been duly taken.
[Signatures on next page]
12 IN WITNESS WHEREOF, the parties have executed this REIMBURSEMENT AGREEMENT as of the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
“DEVELOPER”
PULTE ____________, a ___________
corporation
By: _______________
Its: _______________
ATTACHMENT NO. 1 – PAGE 1
ATTACHMENT NO. 1

PAVING IMPROVEMENTS
[TO BE ATTACHED]
ATTACHMENT NO. 2 – PAGE 1
ATTACHMENT NO. 2

FORM OF REIMBURSEMENT REQUEST
REIMBURSEMENT REQUEST NO. _____
The undersigned _____________ (the “Developer”) hereby requests payment in the total amount of $__________ for certain Paving Improvements (as defined in the Paving Improvements Reimbursement Agreement by and between the City of Lake Elsinore (the “City”) and Developer, and described in Attachment No. 1 to that Agreement), all as more fully described in Exhibit “A” hereto. In connection with this Reimbursement Request, the undersigned hereby represents and warrants to the City as follows:

1. They are a duly authorized officer of the Developer, qualified to execute this Reimbursement Request on behalf of the Developer and is knowledgeable as to the matters set forth herein.

2. To the extent that this Reimbursement Request is with respect to completed Paving Improvements, the Developer has submitted or submits herewith to the City, if applicable, as-built drawings or similar plans and specifications for the items to be paid for as listed in Exhibit “A” hereto with respect to any such Paving Improvements, and such drawings or plans and specifications, as applicable, are true, correct and complete.

3. All costs of the Paving Improvements for which Reimbursement is requested hereby are actual costs and have not been inflated in any respect. The items for which Reimbursement is requested have not been the subject of any prior payment request submitted to the City, including but not limited to, a request for reimbursement by a Community Facilities District.

4. Supporting documentation (such as copies of contracts, third party invoices, lien releases, cancelled checks and such other documentation requested by City Manager evidencing costs actually incurred by Developer) is attached with respect to each cost for which Reimbursement is requested.

5. The Paving Improvements for which Reimbursement is requested was constructed in accordance with the requirements of the Agreement and in compliance with all applicable legal requirements.

6. The Developer is in compliance with the terms and provisions of the Agreement and no portion of the amount being requested to be reimbursed was previously paid.

7. The Reimbursement for the Paving Improvements (a detailed calculation of which is shown in Exhibit “A” hereto for each Road Improvement) has been calculated in conformance with the terms of the Agreement.

ATTACHMENT NO. 2 – PAGE 2
I hereby declare under penalty of perjury that the above representations and warranties are true and correct.

DEVELOPER:

By:

Authorized Representative of Developer
Date:

CITY APPROVAL:

By:

City Manager
Amount Approved: $_____________
Date:

Reimbursement Request Approved for
Submission an Payment to City’s
Administrative Services Department
By:

City Manager
ATTACHMENT NO. 2 – PAGE 3

Remon Habib
From:

Sent:

Matt Matson <[email protected]>
Wednesday, June 26, 2024 5:02 PM
To: Remon Habib; Yu Tagai; Scott Rippstein
Subject:

Attachments:
[External]Request to Review - Lake/Nichols Rd Traffic Control Plan 6.25.24 Proposal-Pulte_NicholsRdADDS6.18.24.pdf; Nichols Rd Cross Sections.pdf; Nichols and Lake Intersection.pdf
Message from external sender. Use Caution.

Hello Remon,
Per our field discussion, please see the first attachment as MGI’s proposal $257,830.39 for your review in order to for us to draft a (cost sharing) co-op agreement for the Nichols Road street improvement/repairs.

The second attachment is a step by step process from #1 (current condition) to #4 (final improvement) from Alberhill Ranch Road on Nichols Road to Lake Street. It incorporates removing the damaged travel lane to base grade, installing a 4” base pave, constructing a leveling course, and capping the entire street. This will fix the damaged problem areas as well as bring the existing road up to 6” thickness.

The third attachment is our tra￿ic control plan for your review/approval.

Our current schedule to begin the Lake Street final street improvements, to include the Alberhill Ranch Road/Lake Street intersection, is 7/16 – 7/18. If however, you are able to draft a co-op agreement and gain favor with Council prior to this date to share the total cost 50/50 I can move this date to 7/29 – 8/2 and include both Lake Street and Nichols Road together prior to school starting.

Thank you and I look forward hearing from you.

Matthew D. Matson
Pulte Group
27401 Los Altos, Ste. 400
Mission Viejo, CA 92691
562-441-2050
[email protected]
From: Jeff Stowe <[email protected]>
Sent: Tuesday, June 25, 2024 2:54 PM
To: Matt Matson <[email protected]>
Subject: Lake/Nichols Rd Traffic Control Plan 6.25.24
External Sender
Hi Ma￿,
Please see a￿ached TCP for the remaining offsite work at Alberhill. 1 Thanks
Jeff Stowe
Marathon General, Inc
License #551314
1728 Mission Ave
Escondido, CA 92029
Cell: (760) 685-7193
Office: (760) 738-9714
Fax: (760) 738-7091
CONFIDENTIALITY NOTICE: This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you have received this communication in error, please notify the sender immediately by email and delete the message and any file attachments from your computer. Thank you. 2 Marathon General, Inc.

Lic. No. 551314
Phone: (760) 685-7193
From: Jeff Stowe
1728 W. Mission Road, Escondido, CA 92029 DIR# 1000006005 FAX: (760) 738-7091
Quote Date: 06/24/2024
To: Quote : 2411
Fax:PULTE HOMES
Phone: (760) 685-7193
Email:

We propose to furnish you labor and material in strict accordance with the plans and specifications as follows:
23-804 NICHOLS RD PAVING ADDS REVISED 6.18.24
Item No. Description Quantity U/M Unit Price Total Price

ALBERHILL RANCH TO TERRA COTTA
1 [NICHOLS ROAD]: ADDITIONAL AC PAVING BEYOND 706 TON $97.46 $68,806.76 2" DUE TO EXISTING FIELD CONDITIONS AT GRIND
AND OVERLAY.
2 3
MATERIAL PRICE INCREASE ASPHALT 706 TON
1 DAY
$7.43 $5,245.58
ADDITIONAL TRAFFIC CONTROL $2,350.00 $2,350.00
Total for: ALBERHILL RANCH TO TERRA COTTA $76,402.34

ALBERHILL RANCH ROAD TO LAKE STREET
3 REPAIR AC PAVING AT EXISTING DAMAGED LANE.
4" REMOVAL TO BASE GRADE, 4" REPLACEMENT
ADDITIONAL AC PAVING BEYOND CONTRACT 2"
38,000 SF $2.50 $95,000.00
$62,374.404
5 640 TON $97.46
$7.43MATERIAL PRICE INCREASE 1,555 TON $11,553.65
Total for: ALBERHILL RANCH ROAD TO LAKE STREET $168,928.05

NICHOLS RD AT TERRA COTTA INTERSECTION
9 [NICHOLS RD]: AC BERM 70 LF $50.00
$9.00
$3,500.00
$9,000.0010 [NICHOLS RD]: ADDITIONAL 6" DEEP 1,000 SF

GRIND/OVERLAY AT CENTERLINE BEYOND TERRA
COTTA PER CITY REQUEST.

Total for: NICHOLS RD AT TERRA COTTA INTERSECTION $12,500.00 Total Proposal Price: $257,830.39
Date: Accepted by:

Legend
Description
Quantity Unit
29,221.68 sf
53,284.19 sf
4" REMOVAL TO BASE GRADECONTRACT: [ARR to LAKE] NEW PAVING FULL SECTIONCONTRACT: [ARR to LAKE] OVERLAY +2" (REDUCE CROSS FALL TO 1%) 8,951.35 sf 8,951.35 sf10,392.98 sf 7,100.24 sf
11,728.47 sf 53,284.19 sf
REMON 10-26-2021

Legend
Description
Quantity Unit
8,956.75 sf
38,670.26 sf
4" REMOVAL TO BASE GRADECONTRACT: [ARR to LAKE] NEW PAVING FULL SECTIONCONTRACT: [ARR to LAKE] OVERLAY +2" (REDUCE CROSS FALL TO 1%) 9,062.79 sf 9,062.79 sf
8,956.75 sf
38,670.26 sf
REMON 10-26-2021

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Remon Habib, City Engineer
Date:July 23, 2024
Subject:Final Map 38116, Lakeside
Recommendation

1. Approve Final Map 38116 subject to the City Engineer’s acceptance as being true and correct;

2. Authorize the City Clerk to sign the map and arrange for recordation of Final Map 38116; and

3. Authorize the City Manager to execute the Construction Agreements for Street Improvements and Monumentation.

Background
The proposed project will develop 140 two-story condominium residences with floor plans from approximately 1,793 square feet to 2,288 square feet. The Final Map 38116 is located at the easterly corner of Grand Avenue and Riverside Drive. It consists of 34.81 acres. Included are one (1) lot for detached condominium residences, one (1) lot for a water quality basin, five (5) lots for open space, two (2) lots for private parks, and one (1) lot dedicated for public street and utility purposes. All future public improvements have been secured.

Discussion
Per the Subdivision Map Act 66474.1, the final map has been reviewed and it has been determined that it is in substantial conformance to the previously approved Tentative Tract Map No. 38116. All Conditions of Approval relative to the final map approval have been satisfied.

Fiscal Impact
Public improvements are to be constructed by the developer. The surety posted is sufficient for the City to complete the construction if needed. Staff time was utilized to prepare the documents.

Tract 38116 Final Map

1 3
4 9
Attachments
Attachment 1 - Final Index Map
Attachment 2 - Vicinity Map
Attachment 3 - Construction Agreements
Engineering

VICINITY MAP

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Remon Habib, City Engineer
Date:July 23, 2024
Subject:Grant of Easement to Southern California Edison near Lake Street Recommendation
Approve and authorize City Manager to process the easement documents and instruct staff to forward the documents to Southern California Edison for recordation.

Background
Southern California Edison (SCE) is the utility purveyor responsible for installation and maintenance of electrical facilities in the City of Lake Elsinore. SCE is requesting from the City for an overheard electrical transmission easement related to the relocation of transmission poles along Lake Street. Transmission poles carry +115 KV and are being relocated due to the construction of Lake Street widening.

Discussion
Due to the placement of each transmission pole and ultimate alignment of overhead power lines, SCE requires an easement over the City parcel, APN 389-020-056. The easement consists of approximately a 10-foot strip area running adjacent to Lake Street with a total area of 3,361 SF and two (2) 5-foot strip area for guy lines with a total area of 120 SF.

Fiscal Impact
There are no fiscal impacts to the City. All costs related to this easement shall be the responsibility of SCE.

Attachments
Attachment 1 - Grant of Easement
Engineering

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

WHEN RECORDED MAIL TO

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768
ATTN: TITLE & REAL ESTATE SERVICES

SPACE ABOVE THIS LINE FOR RECORDER'S USE

GRANT OF EASEMENT
DOCUMENTARY TRANSFER TAX $_____________________ Serial No. 73588A Service Order 802360461
Location: City of Lake Elsinore __________
A.P.N.: 389-020-056
V&LM File: ACQ204302486
SCE Doc No. 531821
COMPUTED ON FULL VALUE OF PROPERTY CONVEYED Approved
Vegetation & Land
Management
__________ OR COMPUTED ON FULL VALUE LESS LIENS AND

ENCUMBRANCES REMAINING AT TIME OF SALE
SO. CALIF. EDISON CO.

SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME BY SF DATE 05/10/2024 THE CITY OF LAKE ELSINORE, a California municipal corporation, hereinafter called "Grantor", hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns, hereinafter called "Grantee", all those certain permanent and exclusive easements and rights of way to construct, use, maintain, alter, add to, enlarge, repair, replace, inspect, and/or remove, at any time and from time to time, electric lines, consisting of poles and towers made of various materials, "H" frame structures, guy wires and anchors, crossarms, wires and other fixtures and appliances and communication circuits with necessary appurtenances, both overhead and underground, for conveying electric energy to be used for light, heat, power, telephone and/or other purposes, in, under, on, over, along and across a strip of land of varying width, hereinafter described and designated as "Right of Way Strip," lying within that certain real property of the Grantor, situated in the County of Riverside, State of California, more particularly described on the Exhibit “C”, attached hereto and by this reference made a part hereof.

The said Right of Way Strip is more particularly described on the Exhibit "A" and more particularly depicted on the Exhibit "B", both attached hereto and by this reference made a part hereof.

Grantor also hereby grants to Grantee, its successors and assigns, an easement to construct, use, maintain, alter, add to, repair, replace, inspect, and or remove, at any time and from time to time, stub poles, guy wires, anchors and other appurtenant fixtures and/or equipment needed for anchorage purposes, hereinafter also referred to as "systems," in, under, on, over, along land across two strips of land five (5.00) feet wide (the “Anchor Strips”), more particularly described as Parcel B and Parcel C, on Exhibit "A", and more particularly depicted on Exhibit "B".

Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement.

Grantee shall have the right to construct roads, use existing roads and make such additions thereto, on lands of Grantor within and/or adjoining said Right of Way Strip, as shall be necessary or convenient to Grantee's access to and use of its Right of Way Strip located on the lands of the Grantor or on lands of others, and the right to use all necessary and convenient means of ingress to and egress from said Right of Way Strip from the public highway most convenient thereto, for the uses and purposes and the exercising of the rights herein granted. In the event alternate public

Grant of Easement
The City of Lake Elsinore, to
S.C.E. Co., a corp.

Serial No. 73588A
V&LM File No. ACQ204302486
roads are constructed which, in the opinion of Grantee, will provide Grantee with access to said Right of Way Strip as convenient and adequate as that which Grantee may then be using, Grantee agrees to quitclaim any such portion or portions of the access roads no longer required hereunder as may be determined by Grantee.

Grantor hereby also grants to Grantee, its successors and assigns, and its and their contractors, agents, and employees, the right to clear and to keep clear said Right of Way Strip, free from explosives, buildings, equipment, brush, combustible material and any and all other obstructions of any kind (except for those herein provided) and the right to trim or remove any tree or shrub which in the opinion of Grantee, may endanger said electric lines or any part thereof or interfere with the exercise of the rights herein granted.

Grantor reserves for Grantor and Grantor's successors and assigns, across (but not longitudinally along) said Right of Way Strip, rights for (1) underground water pipelines, (2) farm, grazing or pasture fences, and (3) roads, provided, however, that the exercise of such rights does not interfere with or endanger, in the opinion of Grantee, the operation or maintenance of the electric lines of Grantee, or Grantee's ready access to its said electric lines, or the exercise of any of the rights herein granted to Grantee.

It is further understood and agreed that no other easement or easements shall be granted on, under or over said Right of Way Strip by Grantor to any person, firm or corporation without the previous written consent of Grantee.

The terms, covenants and conditions of this Grant of Easement shall bind and inure to the benefit of the successors and assigns of Grantor and the successors and assigns of Grantee.

IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its officers thereunto duly authorized, this ______ day of ___________________, 20____.

THE CITY OF LAKE ELSINORE,
a California municipal corporation
By_____________________________________
Name: _________________________________
Title: __________________________________
By_____________________________________
Name: _________________________________
Title: __________________________________
-2-

Grant of Easement
The City of Lake Elsinore, to
S.C.E. Co., a corp.

Serial No. 73588A
V&LM File No. ACQ204302486
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of ________________)
On _______________________ before me,
personally appeared
, a Notary Public,
, who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________
-3-

Grant of Easement
The City of Lake Elsinore, to
S.C.E. Co., a corp.

Serial No. 73588A
V&LM File No. ACQ204302486
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of ________________)
On _______________________ before me,
personally appeared
, a Notary Public,
, who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________
-4-

Grant of Easement
The City of Lake Elsinore, to
S.C.E. Co., a corp.

Serial No. 73588A
V&LM File No. ACQ204302486
Exhibit “C”
Legal Description
Lands of the Grantor
LOT 1 AS SHOWN ON TRACT NO. 28214-4, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 396, PAGES 3 THROUGH 7, INCLUSIVE, OF MAPS, OFFICIAL RECORDS, EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED AS FOLLOWS:

PARCEL A:

BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 4 AS SHOWN ON SAID MAP THENCE ALONG THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID LOT 4, SOUTH 21° 00’ 21” WEST, 8.01 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 8.00

FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTHWESTERLY LINE OF SAID LOT 4; THENCE LEAVING SAID SOUTHWESTERLY PROLONGATION OF SAID SOUTHEASTERLY LINE, ALONG SAID PARALLEL LINE, NORTH 66° 16’ 07” WEST, 95.32 FEET TO

A POINT ON THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF SAID LOT 4; THENCE NORTHEASTERLY ALONG SAID LAST MENTIONED SOUTHWESTERLY PROLONGATION, NORTH 22° 40’ 30” EAST 8.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 4; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 4, SOUTH 66° 16’ 07” EAST, 95.09 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL B:

BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 1, THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 1, SOUTH 26° 12’ 12” WEST 66.06 1ET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE, SOUTH 26° 12’ 12” WEST 779.80 FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY OF ALDERWOODS CIRCLE AS SHOWN ON TRACT NO. 28214- 5, OF MAP RECORDED IN BOOK 403, PAGES 36 THROUGH 43, INCLUSIVE, OF MAPS, OFFICIAL RECORDS OF SAID COUNTY, SAID POINT ALSO BEING A POINT ON CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 65.00 FEET A RADIAL LINE TO SAID POINT BEARS NORTH 6° 33’ 40” WEST; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY, SOUTHWESTERLY AN ARC LENGTH OF 65. 00 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45° 49’ 52”; THENCE LEAVING SAID SOUTHEASTERLY LINE ON A NON-TANGENT LINE NORTH 52° 23’ 32” WEST, 45.87 FEET; THENCE NORTH 21° 12’ 08” WEST 46.90 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 78.00 FEET; THENCE NORTHERLY, AN ARC LENGTH OF 75.46 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55° 25’ 48”; THENCE NORTH 34° 13’ 40” EAST 63.32

FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF

42.00 FEET; THENCE NORTHERLY, AN ARC LENGTH OF 40.84 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55° 42’ 54”; THENCE NORTH 21° 29’ 14” WEST 100.49 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 78.00 FEET; THENCE NORTHERLY, AN ARC LENGTH OF 66.14 FEET ALONG SAID CURVE THOUGH A CENTRAL ANGLE OF 48° 34’ 55”; THENCE NORTH 27° 05’ 41” EAST, 113.05 FEET; THENCE SOUTH 64° 33’ 42” EAST, 86.47 FEET; THENCE NORTH 57° 20’ 51” EAST, 93.85 FEET; THENCE NORTH 22° 57’ 20” EAST, 22.30 FEET; THENCE NORTH 25° 46’ 44” EAST, 83.38 FEET TO THE BEGINNING A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING RADIUS OF 112.03 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 16° 34’ 02” WEST; THENCE NORTHWESTERLY, AN ARC LENGTH OF 136.23 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 69° 40’ 26”; THENCE NORTH 36° 53‘ 36” EAST, 31.57 FEET; THENCE NORTH 28° 29’ 48” EAST, 55.87 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 24.00 1FEET; THENCE NORTHEASTERLY, AN ARC LENGTH OF 10.03 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23° 57’ 14” TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 1, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING.
-5-

EXHIBIT “A”

LEGAL DESCRIPTION
SERIAL NO. 73588A
APN: 389-020-056
OVERHEAD ELECTRICAL TRANSMISSION EASEMENT:

THOSE PORTIONS OF LOT 1, AS SHOWN ON OF TRACT NO. 28214-4, IN THE CITY OF

LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ON FILE IN MAP BOOK 396, PAGES 3 THROUGH 7, INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY, SAID PORTIONS BEING 3 STRIPS OF LAND DESCRIBED AS FOLLOWS:

PARCEL “A”:

A VARIABLE WIDTH STRIP OF LAND, GENERALLY 10.00-FEET WIDE, LYING

10.00 FEET SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE:

COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 1;

THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 1, NORTH 31°15’59” EAST, A DISTANCE OF 609.26 FEET TO THE TRUE POINT OF BEGINNING;

THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE, NORTH
31°15’59” EAST, A DISTANCE OF 114.75 FEET TO A POINT BEING HEREINAFTER REFERRED TO AS POINT NO. 1;

THENCE NORTHEASTERLY, CONTINUING ALONG SAID NORTHWESTERLY LINE, NORTH 31°15’59” EAST, A DISTANCE OF 36.72 FEET TO THE

BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1810.00 FEET;

THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°05’52”, AN ARC LENGTH OF 161.04 FEET TO A POINT BEING HEREINAFTER REFERRED TO AS POINT NO. 2, A RADIAL BEARING TO SAID POINT BEARS SOUTH 63°49’53” EAST;

THENCE NORTHEASTERLY, CONTINUING ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02°21’56”, AN ARC LENGTH OF 74.73 FEET TO THE

POINT OF TERMINUS OF THIS DESCRIPTION, A RADIAL BEARING TO SAID POINT BEARS SOUTH 66°11’49” EAST;

EXCEPTING THEREFROM THAT PORTION LYING WITHIN THAT EASEMENT

GRANTED TO SOUTHERN CALIFORNIA EDISON COMPANY, RECORDED MARCH 1, 1990 AS INSTRUMENT NO. 075098, OF OFFICIAL RECORDS OF SAID RIVERSIDE COUNTY.

CONTAINING 3,361 SQUARE FEET OR 0.077 ACRES, MORE OR LESS

WO# 802360461‐ Not# 204302486

SERIAL NO. 73588A
PARCEL “B”:

A STRIP OF LAND 5.00-FEET WIDE, LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:

BEGINNING AT THE HEREINABOVE DESCRIBED POINT NO. 1:

THENCE SOUTH 58°52’39” EAST, A DISTANCE OF 22.00 FEET TO THE POINT OF TERMINUS OF THIS DESCRIPTION.

THE SIDELINES OF SAID STRIP ARE TO TERMINATE AT THE
SOUTHEASTERLY LINE OF PARCEL “A” DESCRIBED HEREIN.

CONTAINING 60 SQUARE FEET OR 0.001 ACRES, MORE OR LESS.

PARCEL “C”:

A STRIP OF LAND 5.00-FEET WIDE, LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:

BEGINNING AT THE HEREINABOVE DESCRIBED POINT NO. 2:

THENCE SOUTH 61°01’47” EAST, A DISTANCE OF 22.00 FEET TO THE POINT OF TERMINUS OF THIS DESCRIPTION.

THE SIDELINES OF SAID STRIP ARE TO TERMINATE AT THE
SOUTHEASTERLY LINE OF PARCEL “A” DESCRIBED HEREIN.

CONTAINING 60 SQUARE FEET OR 0.001 ACRES, MORE OR LESS.

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF.

SUBJECT TO ANY AND ALL EXISTING MATTERS OF RECORD.

THIS DESCRIPTION IS NOT INTENDED FOR USE IN THE CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA.

PREPARED BY ME OR UNDER MY DIRECTION:
06/05/2024
THOMAS M CASELDINE, P.L.S. No. 9029 DATE

WO# 802360461‐ Not# 204302486

SHEET 1 OF 2 SHEETSEXHIBIT "B"
SERIAL NO. 73588A
L

EASEMENT

LOCATION
N. T. S.

PREPARED UNDER THE SUPERVISION OF:

No. 9029
06-05-24

THOMAS CASELDINE DATE

CIVIL ENGINEERS PLANNERS SURVEYORS

SHEET 2 OF 2 SHEETSEXHIBIT "B"
SERIAL NO. 73588A
50' 0 50'

SCALE IN FEET

CURVE TABLE
NO.

C1
DELTA
02°21'56"
RADIUS
1810.00'
LENGTH

74.73'

LINE TABLE
LINE #
L1
L2

BEARING
N31°15'59"E
S58°52'39"E
S61°01'47"E

DISTANCE

36.72'

22.00'

22.00'L3

NORTHWESTERLY
LINE OF LOT 1
SEE SHEET 1 OF 2 FOR LEGEND

AND VICINITY MAP
LOT 1
TRACT NO. 28214-4
M.B. 396 / 3-7
N31°15'59"E 609.26'

CIVIL ENGINEERS PLANNERS SURVEYORS

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Remon Habib, City Engineer
Date:July 23, 2024
Subject:Professional Services Agreement to Provide Plan Check of Temescal Canyon Road Realignment Segment C Design
Recommendation
Approve and authorize City Manager to execute an Agreement for Professional Services in the amount up to $70,824.05, plus 10% contingency, to provide an engineering plan check of Temescal Canyon Road Segment C design, in such final form as approved by the City Attorney.

Background
Temescal Canyon Road is located at the southwest quadrant of Interstate 15 and Lake Street and is currently a two-lane road stretching from unincorporated Riverside County to Lake Street.

Due to factors such low bridge profile and impacts to Temescal Creek Wash, Temescal Canyon Road must be reconstructed with a new alignment starting westerly from approximately Bernard Street to a new intersection at Lake Street. The design and construction of the new alignment was broken into multiple components where the City was tasked to design and construct Segments A and B, which consists of the westerly road connection and the new bridge. Final design for Segments A and B is complete. The developer is responsible for the design and construction of Segment C, which connects the easterly road between new bridge and Lake Street.

Discussion
HDR Engineering (HDR, formerly WKE, Inc.) are the City’s consultants that designed the new Temescal Canyon Road Bridge. Due to the complexity of the Segment C road connection to the new Temescal Canyon Road bridge, HDR is best suited to perform and complete the plan check of Segment C. HDR will perform review of the Temescal Canyon Road Segment C design submitted by the developer. Scope of services includes review of road elevations and horizontal alignment, verification of survey benchmarks, review of drainage features and conducting comment/resolution meetings.

Temescal Road Segment C

1 3
5 5
Fiscal Impact
Professional Services Agreement will result into a cost of up to $70,824.05 plus additional 10% in contingency. The service provided will be funded through the development plan check fees paid by the developer.

Attachments
Attachment 1 – Agreement
Exhibit A - Proposal & Fee
Attachment 2 - Project Map
Engineering
Attachment 1 - Professional Services Agreement with HDR.pdfPage 1

AGREEMENT FOR PROFESSIONAL SERVICES
HDR ENGINEERING, INC.

Temescal Canyon Road Segment C Design Plan Check
This Agreement for Professional Services (the “Agreement”) is made and entered into as of July 23, 2024, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and HDR Engineering, Inc., a Corporation ("Consultant").

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

Temescal Canyon Road Segment C design plan revew
B. Consultant has submitted to City a proposal, dated July 8, 2024, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.

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

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

AGREEMENT

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

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

c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A).

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed SEVENTY THOUSAND EIGHT HUNDRED TWENTY FOUR AND 05/100 dollars ($70,824.05) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Attn: David Lew, PE
3220 El Camino Real, Suite 200
Irvine, CA 92602

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

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

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

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

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

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

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

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

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

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

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

make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) 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. Consultant’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant’s Proposal.

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

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

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
“CONSULTANT”
HDR Engineering, Inc., a Corporation
By:Click or tap here to enter text.

Its:Click or tap here to enter text.

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

EXHIBIT A

EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]

EXHIBIT B

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]

3220 El Camino Real Suite 200 Irvine CA 92602 Telephone (714) 730-2300 Fax (949) 403-8234 July 8, 2024

Yu Tagai
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530

Subject: Contract Scope and Fee of the Phase C Project

Dear Yu,

We are submitting our scope and fee to provide plan check reviews of the Phase C Project in the City of Lake Elsinore.

We will review the project plans for conformity to the adjacent Temescal Canyon Bridge project for the following items:
• Roadway elevations and horizontal alignment
• Survey benchmarks
• Drainage features (excluding drainage analysis)
• Grading limits
• Conduct comment/resolution meetings

Not included in the scope of work are the following:
• Electrical design (lighting and traffic signals)
• Geotechnical (pavement structure, soils, and hazardous materials) • Environmental
• Estimates and Specifications

We anticipate three (3) rounds for our plan check, for a total cost is $70,824.05.

Please contact me at (949) 933-5710 if you have any questions or require additional information.

Sincerely,

David Lew, PE
Project Manager

NAME OF CONSULTANT TITLE OF PROJECT
Name of Firm: HDR

1. DIRECT LABOR
David Lew 44 $124.01 $5,456.44 $127.73 $0.00 $131.56 $0.00 $135.51 $0.00 $139.58 $0.00 Rebecca Shum 220 $80.40 $17,688.00 $82.81 $0.00 $85.29 $0.00 $87.85 $0.00 $90.49 $0.00 Mai Cheung 30 $37.07 $1,112.10 $38.18 $0.00 $39.33 $0.00 $40.51 $0.00 $41.73 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL 294 $24,256.54 $0.00 $0.00 $0.00 $0.00

TOTAL DIRECT LABOR (COST)
TOTAL DIRECT LABOR (Hours)

2. INDIRECT COSTS (overhead, G&A - specify)

TOTAL INDIRECT

3. TOTAL DIRECT COST AND INDIRECT COSTS (sum of lines 1-2)

4. FIXED FEE OR PROFIT
(specify, applies to line 3 only)

TOTAL FEE

5. OTHER DIRECT COSTS (specify)
Guida

TOTAL OTHER DIRECT

6. TOTAL PROPOSED PRICE (sum of lines 3, 4 and 5)

DATE SIGNATURE AND TITLE OF AUTHORIZED REPRESENTATIVE OF CONSULTANT 7/9/2024
Thomas Kim, Senior Vice President
$2,000.00
$2,000.00
$70,824.05

TOTAL COST

RATE COST COSTRATE RATE
$6,256.73
COST
$24,256.54
294
COST
$38,310.78
$38,310.78
$62,567.32
X BASE =
$62,567.32

HOURS RATE COST HOURS
INDIRECT RATE (%) X BASE =

HOURSCOST HOURS RATE HOURS
Cost & Price Form
Year 2024 Year 2028Year 2025 Year 2026 Year 2027
Phase C Plan Check
Fringe and G&A

FEE (S)
$6,256.73

PERCENT

10.00%
157.94% $24,256.54
$24,256.54 $0.00
Key Personnel - HDR
David Lew Project Manager Project Manager $124.01 $351.86 $396.04 Rebecca Shum Sr Project Engineer Roadway Lead $80.40 $228.12 $256.75 Mai Cheung Administrator Administrator $37.07 $105.18 $118.40

Notes:

Field Overhead Rate:

Office Overhead Rate: 157.94%
Profit: 10.00%
Annual Escalation Rate: 3.0%

2. (F) Denotes field personnel. Fully burdened hourly billing rate listed is calculated using field overhead rate.

1. The fully burdened rates were calculated using the named personnel’s actual salary as of February 2022 and includes the following to develop fully burdened rates.

PRICE SUMMARY SHEET

SCHEDULE OF FEES

SCHEDULE I - HOURLY RATE SCHEDULE
All "fully burdened" rates including all overhead costs (general and administrative) and profit.

Classification
Fully Burdened
Hourly Billing
Rate For
Year 2024
Unburdened Rate
Fully Burdened
Hourly Billing
Rate For
Year 2025
Name Job Function

TASK DESCRIPTION
David Lew
Rebecca Shum
Mai Cheung

TOTAL HOURS
Cost
Fully Burdened Hourly Billing Rate For
Year 2024
$351.86
$228.12
$105.18
Fully Burdened Hourly Billing Rate For
Year 2025
$396.04
$256.75
$118.40
TASK 1 - PROJECT MANAGEMENT / PLAN CHECK

1.1 Administration 4 30 34 $4,562.84

1.2 Plan Check #1 20 120 140 $34,411.83

1.3 Plan Check #2 10 80 90 $21,768.36

1.4 Plan Check #3 10 20 30 $8,081.03
TOTAL Task 1 44 220 30 0 294 $68,824.05
Level of Effort - HDR

PROJECT MAP

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:July 23, 2024
Subject:Notice of Completion for Serenity Park Fitness Trail Recommendation
Accept the improvements for the Serenity Park Fitness Trail project completed by Cotter Construction and authorize the City Clerk to file the Notice of Completion with the County Recorder.

Background
The City Council approved a contract with Cotter Construction for the work specified in the above reference. All of the work has been completed per the plans for this project. The City has received final billing and invoicing, and the contractor has been paid in full.

Discussion
This contractor has completed the corresponding scope of work for the subject project.

Fiscal Impact
There is no fiscal impact.

Attachments
Attachment 1- Notice of Completion
Public Works
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.

Serenity Park Fitness Trail.
(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 August 30, 2023 . The work done was:

Serenity Park Fitness Trail The name of the contractor, if any, for such work of improvement was:

Cotter Construction, Inc. 29903 Gulf Stream Dr. Canyon Lake, Ca 92587 January 24, 2023
(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: Serenity Park Fitness Trail ______________

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 July 23 , 2024, at City of Lake Elsinore, California. (Date of signature) (City where signed)
(Personal s i gnature 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)

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:July 23, 2024
Subject:Amendment No. 1 to the Agreement for Contractor Services with Prudential Overall Supply for Additional Employee Uniform, Shop Towels, and Logo Mat Services
Recommendation
Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement with Prudential Overall Supply for additional employee uniforms, shop towels, and logo mat services and to increase compensation by an additional $2,784.00 for a total not to exceed $23,784.00 per Fiscal Year in such final form as approved by the City Attorney.

Background
The City entered the original agreement on July 11, 2023, for $21,000.00 per fiscal year to provide uniform rental services, shop towel services, and services for entry floor mats. Prudential Overall Supply has been providing high-quality uniform rental services, ensuring that our employees have clean and presentable uniforms and customized polos with embroidery. The shop towels provided by Prudential Overall Supply are used for various purposes, including cleaning machinery, wiping surfaces, and maintaining a safe and sanitary working environment. The entry floor mats help trap dirt, debris, and moisture, preventing them from being tracked inside and reducing the risk of slips and falls.

Discussion
Amendment No. 1 is requested for additional compensation to cover the expenses associated with these services as our organization grows. The weekly average cost for these additional services, including the polos with embroidery, amounts to $463.73. This figure considers the quality of the products and the customization required to meet our branding standards.

Amendment No. 1 with Prudential Overall Supply

Fiscal Impact
Funds are available in the City’s Fiscal Year 24/25 Annual Operating Budget.

Attachments
Attachment 1 - Amendment No. 1
Exhibit A - Invoice
Attachment 2 - Original Agreement
Public Works
AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACTOR SERVICES
Prudential Overall Supply
Employee Uniforms, Shop Towels and Logo Mat Services
This Amendment No. 1 to Agreement for Contractor Services is made and entered into as of 7/23/2024, by and between the City of Lake Elsinore, a municipal corporation (“City), and Prudential Overall Supply, a Corporation (“Contractor”).

RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of 7/11/2023, (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 Twenty-One Thousand dollars ($21,000).

C. The Original Agreement had a term of commencing on July 1, 2023, and ending June 30, 2025. The City may, at its discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms.

D. The parties now desire to amend and increase the payment for such services as set forth in this Amendment No. 1 for an annual amount not to exceed ($23,784).

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-1), which is attached hereto and incorporated herein by reference. In no event shall Contractor ’s annual compensation exceed Twenty-Three Thousand Seven Hundred Eighty-Four ($23,784.00) without additional written authorization from the City Council.

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.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Prudential Overall Supply, a corporation
City Manager
Date:

JP Landin
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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

INVOICE

RUBEN MORENO
6997 Jurupa Ave., Riverside, Ca 92504
23670777Invoice Number:
07/04/2024Invoice Date:

Customer Sales Rep:

Telephone Fax951-687-0440 951-354-8110
Plant's Location:

Remit Payment: PO BOX 11210, Santa Ana, CA 92711-1210
Deliver To: # Bill To: #40237407 3517225Charge

LAKE ELSINORE PUBLIC WORKS
521 NORTH LANGSTAFF
LAKE ELSINORE, CA 92530

LAKE ELSINORE PUBLIC WORKS
521 NORTH LANGSTAFF
LAKE ELSINORE, CA 92530
ATTENTION: ACCOUNTS PAYABLE
Unit
Charge
Wearer
Description
Mdse. Product Description Service Bill
Qty
Amount
69034 MAT 3X4 BLACK Rent 16.81 2.801
29034 MAT 3X4 BLACK MMP 1.17 0.584
2009792 18X18 PURPLE SHOP TOWEL Rent 14.80 0.074
49792 18X18 PURPLE SHOP TOWEL MMP 1.70 0.424
49985 22X44 WHITE BATH TOWEL Rent 1.32 0.329
19985 22X44 WHITE BATH TOWEL MMP 2.12 2.122
11733816 MEN'S CHARCOAL MIMIX PANT Rent 5.26102 0.478GUSTAVO DELAT 1178442799 MENS GREY MIMIX WORK SHIRT Rent 4.55 0.414
11753311 DENIM COTTON WESTERN PANT Rent 5.49104 0.499RAMIRO DELGAD 778442799 MENS GREY MIMIX WORK SHIRT Rent 2.90 0.414
478442799 MENS GREY MIMIX WORK SHIRT Rent 1.66 0.414
11734416 CHARCOAL WORK PANT Rent 2.33106 0.212OSCAR VASQUE 11777508PA POLO SHIRT-100% POLYTRI BLACK Rent 4.09 0.372 11733816 MEN'S CHARCOAL MIMIX PANT Rent 5.26108 0.478ALFONSO MONT 578442799 MENS GREY MIMIX WORK SHIRT Rent 2.07 0.414
678442799 MENS GREY MIMIX WORK SHIRT Rent 2.48 0.414
11733816 MEN'S CHARCOAL MIMIX PANT Rent 5.26109 0.478ALEX CANAS 1178442799 MENS GREY MIMIX WORK SHIRT Rent 4.55 0.414
11753311 DENIM COTTON WESTERN PANT Rent 5.49110 0.499HECTOR GONZA 5777508PA POLO SHIRT-100% POLYTRI BLACK Rent 1.86 0.372 11777508PA POLO SHIRT-100% POLYTRI BLACK Rent 4.09 0.372 11753311 DENIM COTTON WESTERN PANT Rent 5.49111 0.499MATT REED 11777508PA POLO SHIRT-100% POLYTRI BLACK Rent 4.09 0.372 11753311 DENIM COTTON WESTERN PANT Rent 5.49112 0.499LUIS CEJA 5777508PA POLO SHIRT-100% POLYTRI BLACK Rent 1.86 0.372 11777508PA POLO SHIRT-100% POLYTRI BLACK Rent 4.09 0.372 11734416 CHARCOAL WORK PANT Rent 2.33113 0.212DANIEL SAAVED 11753311 DENIM COTTON WESTERN PANT Rent 5.49 0.499
7777508PA POLO SHIRT-100% POLYTRI BLACK Rent 2.60 0.372 11777508PA POLO SHIRT-100% POLYTRI BLACK Rent 4.09 0.372 11733816 MEN'S CHARCOAL MIMIX PANT Rent 5.26114 0.478WILL YANG 1178442799 MENS GREY MIMIX WORK SHIRT Rent 4.55 0.414
11734416 CHARCOAL WORK PANT Rent 2.33117 0.212CHRIS ERICKSO 11777508PA POLO SHIRT-100% POLYTRI BLACK Rent 4.09 0.372 11733816 MEN'S CHARCOAL MIMIX PANT Rent 5.26118 0.478JUSTIN THOMPS This invoice is in accordance with your Service Rental Agreement. Please forward to your Accounts Payable Department.

Payment Terms 30 days from invoice date or upon receipt of monthly statement. Thank you for the opportunity to serve !

INVOICE

RUBEN MORENO
6997 Jurupa Ave., Riverside, Ca 92504
23670777Invoice Number:
07/04/2024Invoice Date:

Customer Sales Rep:

Telephone Fax951-687-0440 951-354-8110
Plant's Location:

Remit Payment: PO BOX 11210, Santa Ana, CA 92711-1210
Deliver To: # Bill To: #40237407 3517225Charge

LAKE ELSINORE PUBLIC WORKS
521 NORTH LANGSTAFF
LAKE ELSINORE, CA 92530

LAKE ELSINORE PUBLIC WORKS
521 NORTH LANGSTAFF
LAKE ELSINORE, CA 92530
ATTENTION: ACCOUNTS PAYABLE
Unit
Charge
Wearer
Description
Mdse. Product Description Service Bill
Qty
Amount
1178442799 MENS GREY MIMIX WORK SHIRT Rent 4.55118 0.414JUSTIN THOMPS 5777508PA POLO SHIRT-100% POLYTRI BLACK Rent 1.86120 0.372JOSE FONSECA 11777508PA POLO SHIRT-100% POLYTRI BLACK Rent 4.09 0.372 11753311 DENIM COTTON WESTERN PANT Rent 5.49123 0.499DAVID CHAVEZ 878442799 MENS GREY MIMIX WORK SHIRT Rent 3.31 0.414
378442799 MENS GREY MIMIX WORK SHIRT Rent 1.24 0.414
11733816 MEN'S CHARCOAL MIMIX PANT Rent 5.26124 0.478KYLE BELL 1178442799 MENS GREY MIMIX WORK SHIRT Rent 4.55 0.414
11733816 MEN'S CHARCOAL MIMIX PANT Rent 5.26125 0.478LANDEN FINLEN 1178442799 MENS GREY MIMIX WORK SHIRT Rent 4.55 0.414
11733816 MEN'S CHARCOAL MIMIX PANT Rent 5.26127 0.478TUA MASOLI 1178442799 MENS GREY MIMIX WORK SHIRT Rent 4.55 0.414
9733816 MEN'S CHARCOAL MIMIX PANT Rent 4.30128 0.478RICARDO GAMB 578442799 MENS GREY MIMIX WORK SHIRT Rent 2.07 0.414
678442799 MENS GREY MIMIX WORK SHIRT Rent 2.48 0.414
11733816 MEN'S CHARCOAL MIMIX PANT Rent 5.26129 0.478CHRISTIAN KERR 173441699 CHARCOAL MENS SHORT Rent 0.21 0.212
1078442799 MENS GREY MIMIX WORK SHIRT Rent 4.14 0.414
178442799 MENS GREY MIMIX WORK SHIRT Rent 0.41 0.414
1784227 LT GRAY WORK SHIRT Rent 0.19130 0.191SIZING KIT 1784227 LT GRAY WORK SHIRT Rent 0.19 0.191
1784227 LT GRAY WORK SHIRT Rent 0.19 0.191
1784227 LT GRAY WORK SHIRT Rent 0.19 0.191
1784227 LT GRAY WORK SHIRT Rent 0.19 0.191
1784227 LT GRAY WORK SHIRT Rent 0.19 0.191
11733816 MEN'S CHARCOAL MIMIX PANT Rent 5.26132 0.478PABLO RUBIO 578442799 MENS GREY MIMIX WORK SHIRT Rent 2.07 0.414
678442799 MENS GREY MIMIX WORK SHIRT Rent 2.48 0.414
11733816 MEN'S CHARCOAL MIMIX PANT Rent 5.26134 0.478JOEL DE LEON 1178442799 MENS GREY MIMIX WORK SHIRT Rent 4.55 0.414
11733816 MEN'S CHARCOAL MIMIX PANT Rent 5.26135 0.478LUIS RENTERIA 678442799 MENS GREY MIMIX WORK SHIRT Rent 2.48 0.414
578442799 MENS GREY MIMIX WORK SHIRT Rent 2.07 0.414
11733816 MEN'S CHARCOAL MIMIX PANT Rent 5.26138 0.478MIGUEL VALDIVI 678442799 MENS GREY MIMIX WORK SHIRT Rent 2.48 0.414
This invoice is in accordance with your Service Rental Agreement. Please forward to your Accounts Payable Department.

Payment Terms 30 days from invoice date or upon receipt of monthly statement. Thank you for the opportunity to serve !

INVOICE

RUBEN MORENO
6997 Jurupa Ave., Riverside, Ca 92504
23670777Invoice Number:
07/04/2024Invoice Date:

Customer Sales Rep:

Telephone Fax951-687-0440 951-354-8110
Plant's Location:

Remit Payment: PO BOX 11210, Santa Ana, CA 92711-1210
Deliver To: # Bill To: #40237407 3517225Charge

LAKE ELSINORE PUBLIC WORKS
521 NORTH LANGSTAFF
LAKE ELSINORE, CA 92530

LAKE ELSINORE PUBLIC WORKS
521 NORTH LANGSTAFF
LAKE ELSINORE, CA 92530
ATTENTION: ACCOUNTS PAYABLE
Unit
Charge
Wearer
Description
Mdse. Product Description Service Bill
Qty
Amount
578442799 MENS GREY MIMIX WORK SHIRT Rent 2.07138 0.414MIGUEL VALDIVI 11733816 MEN'S CHARCOAL MIMIX PANT Rent 5.26139 0.478ANGEL ACEVED 678442799 MENS GREY MIMIX WORK SHIRT Rent 2.48 0.414
578442799 MENS GREY MIMIX WORK SHIRT Rent 2.07 0.414
11733816 MEN'S CHARCOAL MIMIX PANT Rent 5.26141 0.478CHRISTINA ALVA 1178442799 MENS GREY MIMIX WORK SHIRT Rent 4.55 0.414
11733816 MEN'S CHARCOAL MIMIX PANT Rent 5.26143 0.478EDDIE HERRERA 1178442799 MENS GREY MIMIX WORK SHIRT Rent 4.55 0.414
11733816 MEN'S CHARCOAL MIMIX PANT Rent 5.26144 0.478JOSEPH SELVAG 678442799 MENS GREY MIMIX WORK SHIRT Rent 2.48 0.414
578442799 MENS GREY MIMIX WORK SHIRT Rent 2.07 0.414
11733816 MEN'S CHARCOAL MIMIX PANT Rent 5.26147 0.478DANE GRIPPO 1178442799 MENS GREY MIMIX WORK SHIRT Rent 4.55 0.414
11733816 MEN'S CHARCOAL MIMIX PANT Rent 5.26148 0.478JULIAN PARRA 1178442799 MENS GREY MIMIX WORK SHIRT Rent 4.55 0.414
378442799 MENS GREY MIMIX WORK SHIRT Rent 1.24 0.414
11733816 MEN'S CHARCOAL MIMIX PANT Rent 5.26149 0.478CHRIS LOPEZ 1178442799 MENS GREY MIMIX WORK SHIRT Rent 4.55 0.414
11733816 MEN'S CHARCOAL MIMIX PANT Rent 5.26150 0.478JEREMY MEDWI 578442799 MENS GREY MIMIX WORK SHIRT Rent 2.07 0.414
678442799 MENS GREY MIMIX WORK SHIRT Rent 2.48 0.414
11733816 MEN'S CHARCOAL MIMIX PANT Rent 5.26151 0.478KOBE CELIS 1178442799 MENS GREY MIMIX WORK SHIRT Rent 4.55 0.414
11733816 MEN'S CHARCOAL MIMIX PANT Rent 5.26152 0.478HOUSTON OMAL 1178442799 MENS GREY MIMIX WORK SHIRT Rent 4.55 0.414
11733816 MEN'S CHARCOAL MIMIX PANT Rent 5.26153 0.478NEHEMIAH DAVI 578442799 MENS GREY MIMIX WORK SHIRT Rent 2.07 0.414
678442799 MENS GREY MIMIX WORK SHIRT Rent 2.48 0.414
- Budget Protection Program Protection Cov. 0.106 82.47778 9921BB AUTOMATIC SOAP DISPENSER BLACK Sales 0.0063.654
9937ALC ALCO-FOAM SANITIZER 900ML CASE Sales 0.0090.527 Delivery Charge 10.61
This invoice is in accordance with your Service Rental Agreement. Please forward to your Accounts Payable Department.

Payment Terms 30 days from invoice date or upon receipt of monthly statement. Thank you for the opportunity to serve !

INVOICE

RUBEN MORENO
6997 Jurupa Ave., Riverside, Ca 92504
23670777Invoice Number:
07/04/2024Invoice Date:

Customer Sales Rep:

Telephone Fax951-687-0440 951-354-8110
Plant's Location:

Remit Payment: PO BOX 11210, Santa Ana, CA 92711-1210
Deliver To: # Bill To: #40237407 3517225Charge

LAKE ELSINORE PUBLIC WORKS
521 NORTH LANGSTAFF
LAKE ELSINORE, CA 92530

LAKE ELSINORE PUBLIC WORKS
521 NORTH LANGSTAFF
LAKE ELSINORE, CA 92530
ATTENTION: ACCOUNTS PAYABLE
Unit
Charge
Wearer
Description
Mdse. Product Description Service Bill
Qty
Amount
463.73Service Total
Sales Tax 0.00
463.73Invoice TOTAL
$
$
$
Signature Date:

Initials:

Signature Time:

RM
07/03/2024
04:49:33 PM
NOTE: Effective June 2024, we will no longer mail out monthly statements. Please contact your local plant to update your email address on file to receive a monthly statement electronically. Weekly invoice delivery will not be impacted.

This invoice is in accordance with your Service Rental Agreement. Please forward to your Accounts Payable Department.

Payment Terms 30 days from invoice date or upon receipt of monthly statement. Thank you for the opportunity to serve ! Attachment 1 - Agreement.pdfPage 1

AGREEMENT FOR CONTRACTOR SERVICES
Prudential Overall Supply
Employee Uniform and Shop Towel Services
This Agreement for Contractor Services (the “Agreement”) is made and entered into as of July 11, 2023, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Prudential Overall Supply, a Corporation ("Contractor").

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

Employee Uniform Service and shop towel services.

B. Contractor has submitted to City a proposal, dated April 12, 2023, attached hereto as Exhibit A (“Contractor’s Proposal”) and incorporated herein, to provide contractor services to City pursuant to the terms of this Agreement.

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

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

AGREEMENT

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

2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the contractor services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the contractor services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Contractor’s Proposal (Exhibit A). b. Performance Schedule. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Contractor’s Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager.
c. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force DocuSign Envelope ID: EB6BF169-E028-4BA2-9FFC-CC0F9D888557

and effect for a period commencing on July 1, 2023 and ending June 30, 2025. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.

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

3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed Twenty-One Thousand Dollars and Zero Cents ($21,000.00) 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.

DocuSign Envelope ID: EB6BF169-E028-4BA2-9FFC-CC0F9D888557

b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.

7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third- party requests of Contractor shall be immediately referred to 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. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City’s name or insignia, photographs relating to project for which Contractor’s services are rendered, or any publicity pertaining to the Contractor’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

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

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 DocuSign Envelope ID: EB6BF169-E028-4BA2-9FFC-CC0F9D888557

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 professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor’s services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

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

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

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

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

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15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

16. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 DocuSign Envelope ID: EB6BF169-E028-4BA2-9FFC-CC0F9D888557

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.
iv. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub Contractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.

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vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

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:Prudential Overall Supply
Attn: JP Landin, Sales & Service Manager
6997 Jurupa Ave.

Riverside, Ca 92504

18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor and the subcontractors listed in Exhibit B. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such 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.

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

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

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

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

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

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

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

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

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

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

29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless 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. [Signatures on next page]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
“CONTRACTOR”
Prudential Overall Supply, a Corporation
By:JP Landin
Its:Sales and Serice Manager
Attachments: Exhibit A – Contractor’s Proposal
Exhibit B – List of Subcontractors
DocuSign Envelope ID: EB6BF169-E028-4BA2-9FFC-CC0F9D888557

EXHIBIT A

EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
DocuSign Envelope ID: EB6BF169-E028-4BA2-9FFC-CC0F9D888557

EXHIBIT B

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]
DocuSign Envelope ID: EB6BF169-E028-4BA2-9FFC-CC0F9D888557 Addendum “A”
Price Structure
For

CITY OF LAKE ELSINORE PUBLIC WORKS

GARMENTS /FACILITY SERVICES

ITEM POS CODE UNIT PRICE REPLACEMENT VALUE
MIMIX SHIRTS 78-44-27-99 $ .402 $47.00
MIMIX PANTS 73-38-16 $ .464 $45.55
POLOS SHIRTS 77-75-08-PA $ .35 $29.00
DENIM JEANS 753311 $ .484 $43.00
BPP BPP $ .103 -
18X18 SHOP TOWELS 9792 $.072 $.40
18X18 INVENTORY MAINT (TTD) 9792-MMP $.412 $.40
3X4 APPERANCE MAT 9035 $2.71 $54.10
3X4 LOGO MAT 9231 $3.45 $157.12
4X6 LOGO MAT 9241 $7.25 $189.00
BATH TOWEL 22X44 WHITE COTTON 9985 $0.319 $2.01

BATH TOWEL MAINT (TTD) 9985-MMP $2.06 $2.00

• Additional Information: Annual cost addendum 2023/2024 • Weekly service $436.30
• Monthly service $1,745.20
• Yearly service $ 20,942.20

Prudential Overall Supply CITY OF LAKE ELSINORE PUBLIC WORKS

Signature:

Signature:

Name:

JP Landin

Name:

Title:

SALES&SERVICE MANAGER

Title:

Date:

Date:

DocuSign Envelope ID: EB6BF169-E028-4BA2-9FFC-CC0F9D888557 ACORDe CERTIFICATE OF LIABILITY INSURANCE

DA TE (MM/DD/YYYY)
..._ 06/14/2023
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.

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

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

PRODUCER 1:;0NTACT
Marsh Risk & Insurance Services NAME:

PHONE I FAX 17901 Von Karman Avenue. Suite 1100 IAJC Nn i;wt\: (A/C. No):
(949) 399-5800; License #0437153 E-MAIL
ADDRESS: Irvine, CA 92614
INSURER(S) AFFORDING COVERAGE NAIC#
CN102713954-STND-GAWUW-22- INSURER A : Hartford Fire Insurance Company 19682 INSURED INSURER B : N/A NIA Prudential Overall Supply
P.O. Box 11210 INSURER C : N/A N/A
Santa Ana, CA 92711 INSURER D : Safety National Casualty Coro. 15105 INSURERE:

INSURERF:

COVERAGES CERTIFICATE NUMBER: LOS-002259770-38 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 TYPE OF INSURANCE ADDL SUBR POUCYEFF POLICY EXP LIMITS LTR IN~n WVD POLICY NUMBER (MII/Duir_1_T_T_T_I (M____ - ■■ uTTTTI
A X COMMERCIAL GENERAL LIABILITY 72CCSOF7553 03/01/2023 03/01/2024 EACH OCCURRENCE $ 1,000,000 I CLAIMS-MADE 0 OCCUR
DAMAul::. I U REN I 1::.0
PREMISES (Ea occurrence) $ 300,000
MED EXP (Any one person) $ 10,000
-
PERSONAL & ADV INJURY $ 1,000,000
-
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X □ PRO-_ POLICY JECT DLoc PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $
A AUTOMOBILE LIABILITY 72CSES71000 (CA,AZ,CO,NV, 03/01/2023 03/01/2024 COMBINED SINGLE LIMIT $ 3,000,000 {Ea accidentl - X ANY AUTO NM1TX,MO1OR1NH1VA1WV,SC1GA) BODILY INJURY (Per person) $ - -OWNED SCHEDULED BODILY INJURY (Per accident) $

AUTOS ONLY AUTOS
~
HIRED
,---
NON-OWNED 'Auto Phys. 0mg coverage applies PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY {Per accident)
-
,__
to Scheduled and Hired Autos only' $
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
- -
EXCESSLIAB CLAIMS-MADE AGGREGATE $
DED I I RETENTION$ $

WORKERS COMPENSATION I PER I I OTH-STATUTE ER

AND EMPLOYERS' LIABILITY Y/N

ANYPROPRIETOR/PARTNER/EXECUTIVE
□
E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ D Excess Workers' Compensation SP4066704 07/01/2023 07/01/2024 Limit 25,000,000 Employers' Liability "$750K SIR (AZ) I $1 M SIR (CA)" Limit 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

CERTIFICATE HOLDER
City of Lake Elsinore
130 S. Main Street
Lake Elsinore. CA 92530
I
ACORD 25 (2016/03)

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
© 1988-2016 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
DocuSign Envelope ID: EB6BF169-E028-4BA2-9FFC-CC0F9D888557

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
PO BOX 11210 Business Type:

SANTA ANA, CA 92711-1210

PRUDENTIAL OVERALL SUPPLY
PO BOX 11210
SANTA ANA, CA 92711-1210
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

PRUDENTIAL OVERALL SUPPLY

DONALD C LAHN

DAN CLARK

MOBILE SERVICE AND/OR DELIVERY

VEHICLES
000471
2/1/2023 1/31/2024
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: EB6BF169-E028-4BA2-9FFC-CC0F9D888557

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:July 23, 2024
Subject:Amendment No. 1 to the Agreement for Contractor Services with Safety- Kleen Systems, Inc. for Additional Environmental Services Recommendation
Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement with Safety-Kleen Systems, Inc. to increase compensation by an additional $3,031.24 for a total not to exceed $13,031.24 per Fiscal Year for additional environmental services in such final form as approved by the City Attorney.

Background
The City entered the original agreement on November 14, 2023, for $10,000.00 per fiscal year for environmental services and solutions, including waste management, recycling, and industrial cleaning. They offer hazardous waste disposal, oil refining, parts cleaning, containerized waste services, and vacuum services. Safety-Kleen helps businesses manage their environmental impact and ensure compliance with regulations.

Discussion
Amendment No. 1 is requested for the following expenses incurred. These expenses are essential for adequately recovering, disposing, and managing hazardous waste materials.

Recovery fee: $367.58; this fee covers the cost of safely recovering and processing hazardous waste materials, preventing potential environmental and human health harm.

E-manifest fee: $27.00; this fee corresponds to the electronic documentation for tracking the movement and disposal of hazardous waste, ensuring transparency and compliance.

Amendment No. 1 with Safety-Kleen Systems, Inc.

3 Drum Open Head 55 Gallon: $368.66; this fee is for open head drums, which are necessary for properly containing and transporting hazardous waste materials, maintaining their integrity, and minimizing any potential risks during handling and storage. 3 SLGS for 55 Gallon: $2,268.00; this fee is for the SLGS (Secondary Liquid Containment Systems) to provide an additional layer of protection against leaks or spills during the storage and transportation of hazardous substances such as asphalt emulsion mixed with diesel fuel, reducing the risk of environmental contamination.

Fiscal Impact
Funds are available in the City’s Fiscal Year 24/25 Annual Operating Budget.

Attachments
Attachment 1 - Amendment No. 1
Exhibit A - Invoice
Attachment 2 - Original Agreement
Public Works
AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACTOR SERVICES
Safety-Kleen Systems, Inc.

On-Call Services
This Amendment No. 1 to Agreement for Contractor Services is made and entered into as of 7/23/2024, by and between the City of Lake Elsinore, a municipal corporation (“City), and Safety-Kleen Systems, 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).

C. The Original Agreement had a term of commencing on July 1, 2023, and ending June 30, 2026. The City may, at its discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms.

D. The parties now desire to amend and increase the payment for such services as set forth in this Amendment No. 1 for an annual amount not to exceed ($13,031.24).

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-1), which is attached hereto and incorporated herein by reference. In no event shall Contractor ’s annual compensation exceed Thirteen Thousand Thirty-One and Twenty- Four Cents ($13,031.24) without additional written authorization from the City Council.

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.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Safety-Kleen Systems, Inc., a corporation
City Manager
Date:

Mark Huertas
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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

AGREEMENT FOR CONTRACTOR SERVICES
Safety-Kleen Systems, 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 Safety-Kleen Systems, Inc., a Corporation (the “Contractor”).

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

Recycling of used oil and industrial waste.

B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated July 13, 2023, both of which are attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement.

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

AGREEMENT

1. Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call and minor construction support on an as needed basis.

2. Time of Performance .
a. Time of Essence . Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor 's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work.
b. Performance Schedule . Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor , extensions to the time period(s) specified may be approved in writing by the City Manager .

DocuSign Envelope ID: 6F86C086-E82E-4FBF-94F7-A2FEB406932A

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: 6F86C086-E82E-4FBF-94F7-A2FEB406932A

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: 6F86C086-E82E-4FBF-94F7-A2FEB406932A

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: 6F86C086-E82E-4FBF-94F7-A2FEB406932A

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: 6F86C086-E82E-4FBF-94F7-A2FEB406932A

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: 6F86C086-E82E-4FBF-94F7-A2FEB406932A

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: Safety-Kleen Systems, Inc.

Attn: Mark Huertas
PO Box 975201
Dallas, TX 75397
DocuSign Envelope ID: 6F86C086-E82E-4FBF-94F7-A2FEB406932A

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: 6F86C086-E82E-4FBF-94F7-A2FEB406932A

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”
Safety-Kleen Systems, Inc., a Corporation
DocuSign Envelope ID: 6F86C086-E82E-4FBF-94F7-A2FEB406932A

City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
By: Mark Huertas
Its: Territory Manager
Attachments: Exhibit A – Contractor’s Proposal
DocuSign Envelope ID: 6F86C086-E82E-4FBF-94F7-A2FEB406932A

EXHIBIT A

EXHIBIT A

CONTRACTOR'S PROPOSAL
[ATTACHED]
DocuSign Envelope ID: 6F86C086-E82E-4FBF-94F7-A2FEB406932A

PROPOSAL FOR

ENVIRONMENTAL SERVICES
PREPARED FOR:

City of Lake Elsi nore
July 13, 2023
DocuSign Envelope ID: 6F86C086-E82E-4FBF-94F7-A2FEB406932A

Prepared for City of Lake Elsinore Proprietary and Confidential Page 2 of 3 July 13, 2023
Safety-Kleen Systems, Inc.
7979 Palm Avenue
Highland, CA, 92346

July 13, 2023

Carla Khalil
Manager
City of Elsinore
521 North Langstaff
Lake Elsinore, CA 92530

Dear Carla Khalil:

Thank you for helping me better understand your business processes and needs. Below is a proposal aimed to help you address the following strategic initiatives you are currently pursuing:

• Improve consistency of reporting & billing
• Provide single source for environmental services

We propose delivering the following services:

Description

Price

Qty

USED OIL $50.00 Flat Rate

N/A

OIL FILTER PICK UP, 55 GALLON $80.00 EACH
REPLACEMENT DRUM, 55 GALLON $10.00 EACH
RECOVERY FEE 15% N/A
MANIFEST FEE 20.00 EACH

Quote is valid for 30 days.

Date: ______________________________________________________________________ Customer Name: ____________________________________________________________ Customer Title: ______________________________________________________________ Customer Signature: __________________________________________________________ DocuSign Envelope ID: 6F86C086-E82E-4FBF-94F7-A2FEB406932A

Prepared for City of Lake Elsinore Proprietary and Confidential Page 3 of 3 July 13, 2023

Safety-Kleen supports more than 330,000 businesses across North America by recycling their used oil and industrial waste, and delivering environmentally friendly cleaning produ cts and services. Customers choose Safety-Kleen because of our personal service, extensive liability protection and focus on sustainable solutions. Our goal is to provide customers like City of Lake Elsinore with the best solutions while keeping your company in balance with the environment.

I look forward to reviewing this proposal with you at your earliest convenience.

Sincerely,

Mark Huertas
SKE Sales Rep
[email protected]

Safety-Kleen Systems, Inc.

DocuSign Envelope ID: 6F86C086-E82E-4FBF-94F7-A2FEB406932A

ACORD• CERTIFICATE OF LIABILITY INSURANCE

DA TE (MM/DD/YYYY)
L. 11/20/2023
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.

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

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

PRODUCER ~~=i~cTWillis Towers Watson Certificate Center Willis Towers Watson Northeast, Inc. PHONE 8 I
FAX
c/o 26 Century Blvd CA/C No Ext\: 1-877-945-737 (A/C. No): 1-888-467-2378 E-MAIL t. f. t @ • 11 • P.O. Box 305191 ADDRESS: cer 1. 1.ca es wi is. com Nashville, TN 372305191 USA INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Starr Indemnity & Liability Company 38318
INSURED INSURER B : ACE American Insurance Company 22667 Safety Kleen Systems Inc.
and its affiliates INSURERC:
42 Longwater Drive INSURER D:

Norwell, MA 02061 INSURERE:

INSURER F:

COVERAGES CERTIFICATE NUMBER: W31127952 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN~n WVD POLICY NUMBER CMM/DD/YYYYl (MM/DD1T T-T-TJ X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000

I CLAIMS-MADE IX I OCCUR
DAMAGE Tu RENTED
$ 500,000 PREMISES (Ea occurrence)
A X xcu MED EXP (Any one person) $ 10,000
- y y , X Contractual 1000090736231 11/01/2023 11/01/2024 PERSONAL & ADV INJURY $ 2,000,000 I GE~'L AGGREGATE LIMIT APPLIES PER: I i
I GENERAL AGGREGATE $ 4,000,000 ;
n ix' PRO- I I LOC
' i
PRODUCTS - COMP/OP AGG $ 4,000,000 H POLICY ~ JECT
$ I OTHER:

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 5,000,000 (Ea accident) - X ANY AUTO BODILY INJURY (Per person) $
- -A y y
X OWNED SCHEDULED 1000679502231 11/01/2023 11/01/2024 BODILY INJURY (Per accident) $ AUTOS ONLY - AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $
~!9&ONLY AUTOS ONLY (Per accident) - - I
X !$
I

X UMBRELLA LIAB X OCCUR
I
I EACH OCCURRENCE $ 10,000,000
A - >--- ! I

EXCESS LIAB
I
1000095587231 11/01/2023 11/01/2024 10,000,000 CLAIMS-MADE I
AGGREGATE $
DED I I RETENTION $ $
WORKERS COMPENSATION XI ~ffTuTE I I
OTH-

AND EMPLOYERS' LIABILITY ER
Y/N

A ANYPROPRIETOR/PARTNER/EXECUTIVE
!Nol
E.L. EACH ACCIDENT $ 2,000,000
OFFICER/MEMBER EXCLUDED? N/A y 1000005137 (AOS) 11/01/2023 11/01/2024, (Mandatory in NH) I : I E.L. DISEASE - EA EMPLOYEE $ 2,000,000 I
If yes, describe under I
I i 2,000,000 DESCRIPTION OF OPERATIONS below i E.L. DISEASE - POLICY LIMIT $ I
A Workers Compensation & Empl Liabl y , 100 0005140 111/01/2023 1 11/01/2024iE.L. EACH ACCIDENT $2,000,000
I
I I i
I I i I
DISEASE - EA EME $2,000,000 (AK, AZ, IA, NJ, NY, NC, VT, CT) '
E.L.

Per Statute E. L. DISEASE-POL LMT $2,000,000
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Scope of work: All operations of
Umbrella is follow form over the

SEE ATTACHED

CERTIFICATE HOLDER
City of Lake Elsinore
Attn: Carla :Khalil
521 North Langstaff Street
Lake Elsinore, CA 92530
ACORD 25 (2016/03)
the Named Insured
General Liability, Auto Liability, and Employer's Liability.

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
© 1988-2016 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
SR ID: 24988841 BATCH: 3218909
DocuSign Envelope ID: 6F86C086-E82E-4FBF-94F7-A2FEB406932A AGENCY CUSTOMER ID: -----------------------
LO C #: ---------
ADDITIONAL REMARKS SCHEDULE Page 2 of 3

AGENCY NAMED INSURED
Willis Towers Watson Northeast, Inc. Safety Kleen Systems Inc. and its affiliates
POLICY NUMBER 42 Longwater Drive
Sae Page 1 Norwell, MA 02061

CARRIER
I

NAICCODE
Sae Page 1 See Page 1 EFFECTIVE DATE: Sae Page 1

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Certificate Holder is named as an Additional Insured for General Liability and Auto Liability as their interests may appear if required by written contract but only with respect to liability arising out of operations of the Named Insured.

It is further agreed that the General Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured.

It is understood and agreed that the company waives its right of subrogation which may arise by reason of a payment of claim under the General Liability, Auto Liability and Worker's Compensation policies as required by written contract where allowed by state law.

INSURER AFFORDING COVERAGE: Starr Indemnity & Liability Company POLICY NUMBER: 1000005138 (MA, FL) EFF DATE: 11/01/2023 EXP DATE: 11/01/2024 SUBROGATION WAIVED: Y
TYPE OF INSURANCE:

Workers Compensation
& Employers Liability
Par Statute
LIMIT DESCRIPTION:

E.L. EACH ACCIDENT
E.L. DISEASE - EA EMP
E.L. DISEASE-POL LMT
INSURER AFFORDING COVERAGE: Starr Indemnity & Liability Company LIMIT AMOUNT:
$2,000,000
$2,000,000
$2,000,000
POLICY NUMBER: 1000679513231 EFF DATE: 11/01/2023 EXP DATE: 11/01/2024 ADDITIONAL INSURED: Y
SUBROGATION WAIVED: Y
TYPE OF INSURANCE:

Auto Liability (MA)
Any Auto, Owned Autos only,
Hired Autos only, Non-owned Autos only
LIMIT DESCRIPTION:

CSL (Ea accident)
MCS-90
LIMIT AMOUNT:
$5,000,000
NAIC#: 38318
NAIC#: 38318
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
SR ID: 24988841 BATCH: 3218909 CERT: W31127952
DocuSign Envelope ID: 6F86C086-E82E-4FBF-94F7-A2FEB406932A AGENCY CUSTOMER ID: _________________ _
LOC #: _______ _

ADDITIONAL REMARKS SCHEDULE

AGENCY NAMED INSURED
Willis Towers Watson Northeast, Inc. Safety Kleen Systems Inc. and its affiliates
POLICY NUMBER 42 Longwater Drive
See Page 1 Norwell, MA 02061

CARRIER
I

NAICCODE
See Page 1 See Page 1 EFFECTIVE DATE: Sea Page 1

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance INSURER AFFORDING COVERAGE: ACE American Insurance Company POLICY NUMBER: COO G27416603 009 EFF DATE: 11/01/2023
TYPE OF INSURANCE: LIMIT DESCRIPTION:

Contractor's Pollution Liability Each Claim
All. Claims
SIR
INSURER AFFORDING COVERAGE: ACE American Insurance Company POLICY NUMBER: COO G27416603 009 EFF DATE: 11/01/2023
TYPE OF INSURANCE:

Professional Liability
LIMIT DESCRIPTION:

Each Claim
All Claims
SIR
EXP DATE: 11/01/2024
LIMIT AMOUNT:
$10,000,000
$10,000,000
$250,000
EXP DATE: 11/01/2024
LIMIT AMOUNT:
$10,000,000
$10,000,000
$250,000

NAIC#: 22667
NAIC#: 22667
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
SR ID: 24988841 BATCH: 3218909 CERT: W31127952
DocuSign Envelope ID: 6F86C086-E82E-4FBF-94F7-A2FEB406932A

CITY OF LAKE ELSINORE

TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:

Business Location:

Owner Name(s):

BUSINESS LICENSE NO.

Issue Date:

Description:

Expiration Date:

BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
7979 PALM AVE UNIT E Business Type:

HIGHLAND, CA 92346-4218
SAFETY-KLEEN SYSTEMS, INC.
42 LONGWATER DR
NORWELL, MA 02061-1612
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
SAFETY-KLEEN SYSTEMS, INC.

REBECCA UNDERWOOD

GREGORY MALERBI
SERVICE/GENERAL-MISC.

SALES OF RECYCLED OIL AND

AUTOMOTIVE FLUIDS
026414
11/1/2023 10/31/2024
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: 6F86C086-E82E-4FBF-94F7-A2FEB406932A

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:July 23, 2024
Subject:Minutes of the Regular Successor Agency Meeting of July 9, 2024 Recommendation
Approve the Minutes.

Attachments
Attachment 1- Draft Minutes
City Clerk’s Office

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:

July 09, 2024

Closed Session: NONE
Public Session: 7:00 PM

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

CALL TO ORDER - 7:00 P.M.

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

PLEDGE OF ALLEGIANCE

Council Member Sheridan led the Pledge of Allegiance.

ROLL CALL

Present: 5 - Council/Agency Members Sheridan, Johnson, and Magee; Mayor Pro Tem/Vice Chair Tisdale; and Mayor/Chair Manos

Absent: 0 - None

PRESENTATIONS/CEREMONIALS

1) Riverside County Sheriff's Office 2024 Second Quarter Statistical Update

Captain Rayls presented the update.

2) Recognition of Battalion Chief Scott Wetherholt

Mayor Manos presented a Certificate of Recognition to Battalion Chief Scott Wetherholt.

3) Recognition of Battalion Chief Jeff Roberts

Mayor Manos presented a Certificate of Recognition to Battalion Chief Jeff Roberts.

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE

Douglas Norfolk was called to speak.

Ace Vallejos was called to speak.

City Council Minutes - Draft July 09, 2024

City of Lake Elsinore Page 2

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 No. 14 being removed for discussion. The motion carried by the following vote:

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

4) Minutes of the Special City Council Meeting of June 18, 2024 and Regular City Council Meeting of June 25, 2024

Approve the Minutes.

This item was approved on the City Council Consent Calendar.

5) CC Warrant Report Dated June 17, 2024, to June 23, 2024

Receive and file.

This item was approved on the City Council Consent Calendar.

6) Amendment No. 2 to On -call Services Agreement with Ak Security Alarm, LLC. for Minor Construction and Repair Services.

Approve and authorize the City Manager to execute Amendment No. 2 to the Agreement for On- Call Services with AK Security Alarm, LLC. for minor construction and repair services in an amount not to exceed $550,000.00 per fiscal year in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

7) Agreement with Engineering Resources of Southern California Inc. for the Civil Engineering Services of the New City Library Project (CIP Project Z20003)

Approve and authorize the City Manager to execute a Professional Services Agreement for $127,385.00 for the Civil Engineering Services of the New City Library Project (CIP Project Z20003) in such final form as approved by the City Attorney and authorize the City Manager to approve change orders up to 10% of the agreement for $12,738.50.

This item was approved on the City Council Consent Calendar.

8) Independent Contractor Agreement for Instruction with National Junior Basketball League

Approve and authorize the City Manager to execute an agreement/contract with National Junior Basketball League in an amount not to exceed $60,000 for basketball league, practices, games, and instruction in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $6,000 for uncertainties and adjustments.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft July 09, 2024

City of Lake Elsinore Page 3

9) Independent Contractor Agreement for Instruction with Lorena Hancock

Approve and authorize the City Manager to execute an agreement with Lorena Hancock in an amount not to exceed $50,000 for recreation classes in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $5,000 for uncertainties and adjustments.

This item was approved on the City Council Consent Calendar.

10) Professional Services Agreement for Heyday Records & Events

Approve and authorize the City Manager to execute an agreement/contract with Heyday Records & Events in an amount not to exceed $100,000 for Live Performance Support Services in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $10,000 for uncertainties and adjustments.

This item was approved on the City Council Consent Calendar.

11) Professional Services Agreement with Searle Creative Group for On -call Marketing and Design Services

Approve and authorize the City Manager to execute a Professional Services Agreement with Searle Creative Group in an amount not to exceed $35,000 for on -call marketing and design services for fiscal year 2024/25 in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

12) Professional Services Agreement with Fehr & Peers for On -call Traffic Engineering Services

Approve and authorize the City Manager to execute an agreement with Fehr & Peers in an amount not to exceed $132,000 for on -call traffic engineering services in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

13) Professional Services Agreement with Lynn Merrill & Associates, Inc. for Technical Support for the City’s National Pollutant Discharge Elimination System (NPDES) Compliance

Approve and authorize the City Manager to execute a Professional Services Agreement with Lynn Merrill and Associates for NPDES related compliance and consulting in an amount not to exceed $44,000 for a two- year contract term in final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft July 09, 2024

City of Lake Elsinore Page 4

14) Approve Placing Delinquent Refuse Bills on the FY 2024-2025 Tax Roll

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

CALIFORNIA, AFFIRMING THE REPORT OF DELINQUENT RESIDENTIAL REFUSE FEES AND DIRECTING THEIR COLLECTION ON THE PROPERTY TAX ROLLS.

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

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

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

ELSINORE, CALIFORNIA, APPROVING THE ACQUISITION OF ONE

RIVERSIDE COUNTY TAX-DEFAULTED PROPERTY FOR THE APPROXIMATE PURCHASE PRICE OF $90,887.19 PLUS ASSOCIATED ADMINISTRATIVE COSTS FOR ASSESSOR’S PARCEL NUMBER (APN) 378-030-027; and

2. Approve and authorize the City Manager to enter into a purchase agreement for the Acquisition of the property in final form as approved by the City attorney.

This item was approved on the City Council Consent Calendar.

ITEM REMOVED FROM THE CITY COUNCIL CONSENT CALENDAR FOR DISCUSSION

14) Approve Placing Delinquent Refuse Bills on the FY 2024-2025 Tax Roll

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

CALIFORNIA, AFFIRMING THE REPORT OF DELINQUENT RESIDENTIAL REFUSE FEES AND DIRECTING THEIR COLLECTION ON THE PROPERTY TAX ROLLS.

City Engineer Habib presented the staff report.

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

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

SUCCESSOR AGENCY CONSENT CALENDAR

A motion was made by Vice Chair Tisdale, seconded by Agency Member Johnson to approve the Successor Agency Consent Calendar . The motion carried by the following vote:

Aye: 5 Agency Members Sheridan, Johnson, and Magee; Vice Chair Tisdale; and Chair Manos
Nay: 0 None

16) Minutes of the Regular Successor Agency Meeting of June 25, 2024

Approve the Minutes.

This item was approved on the Successor Agency Consent Calendar.

City Council Minutes - Draft July 09, 2024

City of Lake Elsinore Page 5

17) SA Warrant Report Dated June 17, 2024 to June 23, 2024

Receive and file.

This item was approved on the Successor Agency Consent Calendar.

PUBLIC HEARING

18) Resolution of Necessity and Authorization to Commence Eminent Domain Proceedings to Acquire Easements in and to Real Property Necessary for the Murrieta Creek Regional Trail Project

1. Conduct a public hearing on the proposed Resolution of Necessity; and

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

ELSINORE, CALIFORNIA, FINDING AND DETERMINING THE PUBLIC

INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE

CONDEMNATION OF EASEMENTS IN AND TO CERTAIN REAL PROPERTY WITHIN THE CITY OF LAKE ELSINORE.

The Public Hearing was opened at 7:27 p.m.

City Clerk Alvarez noted that t wo written communications were received, entered into the record, and distributed to the City Council.

City Engineer Habib presented the staff report.

There were no speakers.

The Public Hearing was closed at 7:36 p.m.

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

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

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - THREE MINUTES

Darren Hagen was called to speak.

CITY MANAGER'S COMMENTS

City Manager Simpson recognized Battalion Chiefs Wetherholt and Roberts and thanked them for their service to the City.

CITY ATTORNEY COMMENTS

City Attorney Leibold had no comments.

City Council Minutes - Draft July 09, 2024

City of Lake Elsinore Page 6

CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED

Council Member Magee provided updates from the Riverside County Transportation Commission; invited the community to attend the Lake Elsinore Car Cruise from 4:00 – 8:00 p.m. on Saturday, July 27, 2024 on Historic Downtown Main Street; and reminded residents to protect their pets in the heat.

Council Member Johnson recognized Battalion Chiefs Wetherholt and Roberts; reported on her attendance at the Western Riverside County Regional Conservation Authority meeting on July 1, 2024; shared an update on the State Route 91 at Bundy Canyon undercrossing, mountain Lion and Bundy Canyon project, and Mountain Lion Biology; reported on the Southwest Riverside County Higher Education Coalition meeting; provided updates from the Homeless Task Force; and encouraged the community to donate toys for the COPS for kids Christmas in July Toy Drive.

Council Member Sheridan provided updates from the Legislature and California Courts.

Mayor Pro Tem Tisdale congratulated Battalion Chiefs Wetherholt and Roberts and encouraged residents to report any suspicious activities or crimes.

Mayor Manos shared the grand opening of Ringside Bar & Grill on June 29, 2024; announced that the Main Street Pedestrian Safety Improvements and Information Technology Infrastructure Project will be underway from July 2024 through February 2025; and shared the success of the July 4th weekend events at Diamond Stadium featuring the World’s Largest Rubber Duck.

ADJOURNMENT

The Lake Elsinore City Council adjourned at 8:14 p.m. to the next Regular meeting of Tuesday, July 23, 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.

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:July 23, 2024
Subject: SA Warrant Report Dated June 24, 2024 to June 30, 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 above-mentioned period.

Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
Administrative Services
JUNE 24, 2024 TO JUNE 30, 2024 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
540 SARDA DIAMOND STADIUM 22,647.44 $
GRAND TOTAL 22,647.44 $
Attachment 1 1 OF 1
JUNE 24, 2024 TO JUNE 30, 2024 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA24002993 AXIS MECHANICAL SERVICES 1,150.00 $
APA24003015HEMET FENCE CORP 14,890.00
APA24003033SOUTHERN CALIFORNIA EDISON CO. 195.44
7138 PROSTAFF, LLC 6,037.50
7139 PURSUIT ELECTRIC, INC. 374.50
GRAND TOTAL 22,647.44 $
Attachment 2 1 OF 1

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:July 23, 2024
Subject:SA Warrant Report Dated July 01, 2024 to July 07, 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 above-mentioned period.

Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
Administrative Services
JULY 01, 2024 TO JULY 07, 2024 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III 8,350.00 $
540 SARDA DIAMOND STADIUM 17,889.55
GRAND TOTAL 26,239.55 $
Attachment 1 1 OF 1
JULY 01, 2024 TO JULY 07, 2024 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA25000007 CED LAGUNA 22.05 $
APA25000032URBAN FUTURES, INC. 8,350.00
7221 SD FLAGS, BANNERS AND SIGNS 17,867.50
GRAND TOTAL 26,239.55 $
Attachment 2 1 OF 1

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:July 23, 2024
Subject: SA Warrant Report Dated July 08, 2024 to July 14, 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 above-mentioned period.

Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
Administrative Services
JULY 08, 2024 TO JULY 14, 2024 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III 17,375.00 $
540 SARDA DIAMOND STADIUM 135,778.26
GRAND TOTAL 153,153.26 $
Attachment 1 1 OF 1
JULY 08, 2024 TO JULY 14, 2024 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA25000047 COTTER CONSTRUCTION, INC. 60,300.00 $
APA25000066QUICK CRETE PRODUCTS CORP. 70,665.76
7241 MURASE, CHERYL M 15,375.00
7244 PROSTAFF, LLC 4,812.50
7253 WILMINGTON TRUST, NATIONAL ASSOCIATION 2,000.00
GRAND TOTAL 153,153.26 $
Attachment 2 1 OF 1

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:July 23, 2024
Subject:SA Investment Report for June 2024
Recommendation
Receive and file the Investment Report for June 2024.

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 June 2024
Administrative Services

CITY OF LAKE ELSINORE

INVESTMENT REPORT

BANK DEPOSITS OUTSTANDING BOOK

CASH ACCOUNTS BALANCE IN TRANSIT PAYMENTS BALANCE
Bank Accounts:

General Checking Account 2,469,307 $ 624,595 $ (8,728) $ 3,085,174 $ Cash On Hand:

Cashier Drawers #1 & #2 - - - 300 City of Lake Elsinore Petty Cash Fund - - - 2,000 Total Cash Accounts 2,469,307 624,595 (8,728) 3,087,474

INVESTMENTS
Local Agency Investment Funds 94,146,410 - - 94,146,410 CAMP Investments:

CAMP Pool Account 88,805 - - 88,805 U.S. Treasury Bond / Note 22,321,837 - - 22,321,837 Supra-National Agency Bond / Note - - - - Municipal Bond / Note 1,396,023 - - 1,396,023 Federal Agency Commercial Mortgage-Backed Security 7,816,737 - - 7,816,737 Federal Agency Bond / Note 2,266,362 - - 2,266,362 Corporate Note 12,376,028 - - 12,376,028 Certificate of Deposit 900,000 - - 900,000 Asset-Backed Security 5,595,314 - - 5,595,314 Sub-total Investments 146,907,515 - - 146,907,515 Market Value Adjustment:

Unrealized Gain/(Loss) at 4/30/2024 (921,476) - - (921,476) Total Investments 145,986,039 - - 145,986,038 Total Pooled Cash and Investments 148,455,346 $ 624,595 $ (8,728) $ 149,073,512$ TOTAL POOLED CASH AND INVESTMENTS 149,073,512$
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 11, 2024. 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 July 15, 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 JUNE 30, 2024

FUND NO FUND NAME AMOUNT
100 General 18,252,321 $
102 Measure Z 22,582,938
106 Affordable Housing In Lieu 1,370,841
107 Developer Agreement Revenue 529,144
108 American Rescue Plan 5,412,593
109 Road Maintenance and Rehabilitation (SB1) 1,789,314 110 State Gas Tax 877,342
111 TUMF C.I.P. 63,146
112 Measure A 840,282
114 SB1186 CASP Education Program 68,176
115 Traffic Safety 11,677
116 City Hall-Public Works DIF 319,496
117 Community Center DIF 431,408
118 Lake Side Facility DIF 643,415
119 Animal Shelter DIF 168,536
121 T.R.I.P.-2014A 520
135 Lighting & Landscape Maintenance - Dist. No. 1 1,708,741 140 Geothermal 12,172
160 PEG Grant 1,922
202 La Strada RBBD 24,824
203 E.L.S.P. - S.T.I.F. 3,500,625
205 Traffic Impact Fee 696,248
211 Storm Drain C.I.P. 3,345,440
221 Quimby Park C.I.P. 91,712
231 Library C.I.P. 1,105,351
232 City Fire Protection 994,860
300 Insurance Service 305,710
305 Information Systems Service 3,190,826
310 Support Service 37,452
315 Fleet Service 196,551
320 Facilities Service 2,416,460
331 CFD 2006-1CC Summerly Improvement Area CC 146,761
332 CFD 2006-1 Improvement Area B, Summerly 117,141
334 CFD 2015-5 Trieste - Far West Industries 116,912
335 CFD 2003-2E Canyon Hills Improvement Area E 137,349 336 CFD 2006-1FF Summerly Improvement Area FF 139,312
337 CFD 2016-2 Canyon Hills 862,770
338 CFD 2006-1 IA-JJ Summerly Improvement Area 230,933
339 CFD 2006-1 IA-KK Summerly Improvement Area 175,745
340 CFD 2006-1 IA-EE Summerly Improvement Area 201,377
345 CFD 2003-2 Improvement Area D, Canyon Hills 1,568,091 346 CFD 2014-1 Southshore 70,752
347 CFD 2006-1 Improvement Area A, Summerly 182,019
350 CFD 98-1 Summerhill 932,629
351 CFD 2006-1 IA-II Summerly Improvement 234,266
354 CFD 90-2 Tuscany Hills 1,036,521

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 JUNE 30, 2024

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 JUNE 30, 2024
355 RAD 2021-1 Canyon Hills Improvement 897,038
357 CFD 2003-2 Canyon Hills Improvement Area 580,121
361 CFD 2022-2 Lakeshore Improvement 13,632
363 CFD 2022-3 Lakeside 3,476
364 CFD 2023-2 Coastal Mission Trail Improvement 8,504
366 CFD 2005-6 City Center Townhomes 217,429
368 CFD 2006-2 Viscaya 451,469
369 CFD 2004-3 Area 1 Rosetta Canyon Improvement Area 1,418,945 370 CFD 2006-1 IA-HH Summerly Improvement 217,236
371 CFD 2005-1 Serenity 534,504
372 CFD 2005-2 Alberhill Ranch Improvement Area 1,278,155 374 CFD 2005-4 Lakeview Villas 7,169
375 CFD 2006-4 Clurman 254,408
377 CFD 2006-6 Tessara 97,466
378 CFD 2006-8 Running Deer Estates 108,348
384 CFD 2003-2 Area B Canyon Hills Improvement Area 1,584,670 385 CFD 2004-3 Area 2 Rosetta Canyon Improvement Area 1,469,742 386 CFD 2007-4 Mekenna Court 122,057
387 CFD 2007-5 Red Kite 95,263
388 CFD 2007-6 Holiday Inn Express 6,002
389 CFD 88-3 (2008A) West Lake Elsinore Series A 1,092
390 CFD 2003-2 Area C Canyon Hills Improvement Area 552,866 392 CFD 95-1 City Center 126,610
394 CFD 2005-5 (2012A) Wasson Canyon 236,711
395 CFD 2018-1 Wasson Canyon II Improvement Area 5,003
396 CFD 2018-2 Nichols Ranch Improvement Area 196,124
397 CFD 2018-3 Village at Lakeshore 231,531
500 Capital Improvement Plan 6,234,911
510 Successor To RDA Area I, II, & III 9,669,473
603 Endowment Trust - Carl Graves 63,399
604 Endowment Trust - Korn Memorial 34,976
605 Public Improvement Trust 2,120,285
606 Mobile Source Air Polution Reduction 122,625
608 Trust Deposit & Pre Paid Expense 1,553,407
617 Successor Agency Housing 36,215,996
620 Cost Recovery System 4,742,248
631 Lake Destratification Equipment Replacement 458,002 Total Pooled Cash & Investments 149,073,512$

MAXIMUM DIVERSIFICATION CURRENT

TYPES OF SECURITIES PERCENTAGE PERCENTAGE BALANCE
CAMP - Pooled Sweep Account Unlimited 0.06% 88,805 $
U.S. Treasury Bond / Note Unlimited 15.19% 22,321,837 $ Supra-National Agency Bond / Note 30% 0.00% - $
Municipal Bond / Note Unlimited 0.95% 1,396,023 $
Federal Agency Collaterized Mortgage Obligation 40% 5.32% 7,816,73 7$ Federal Agency Bond / Note Unlimited 1.54% (1) 2,266,362$ Corporate Note 30% 8.42% 12,376,028 $
Negotiable Certificates of Deposit 30% 0.61% 900,000 $
Asset-Backed Security / Collaterized Mortgage 20% 3.81% 5,595,314 $ LAIF (Local Agency Investment Funds) $150 Million 64.09% (2) 94,146,410$ TOTAL 100.00% 146,907 ,515$
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 JUNE 30, 2024

Local Agency Investment Fund

June 4.480
May 4.332
April 4.272
March 4.232
February 4.122
January 4.012
LAIF Apportionment Rate(2): 4.30
LAIF Earnings Ratio(2): 0.00011755619077389
LAIF Administrative Cost(1)*: 0.27
PMIA Average Life(1): 226
LAIF Fair Value Factor(1): 0.994191267
PMIA Daily(1): 4.22
PMIA Quarter to Date(1): 4.12
Treasuries

56.98%
Agencies

23.22%
Certificates of
Deposit/Bank Notes

9.18%
Time
Deposits

3.14%
Commercial
Paper

6.84%
Corporate
Bonds

0.42%
Loans

0.22%
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.

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 7/10/24
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 03/31/24
Chart does not include $1,943,000.00 in mortgages, which equates to 0.001%. Percentages may not total 100% due to rounding.

Pooled Money Investment Account
Monthly Portfolio Composition (1)
5/31/24
$162.3 billion

Yield Purchase Date Maturity Rate

4.480% Daily 24-Hour
Investment Beginning Balance Net Increase/(Decrease) Ending Balance Total Investments Held with
Local Agency Investment Fund: 80,146,410$ 14,000,000 $ 94,146,410 $ 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 JUNE 30, 2024
CAMP
Investment Portfolio

For the Month Ending June 30, 2024Account Statement - Transaction Summary

CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Opening Market Value
Purchases
Redemptions
Change in Value
Closing Market Value
312,890.23
3,285,354.95
(3,509,439.91)

0.00 $88,805.27
CAMP Pool
Unsettled Trades 0.00
1,677.00 Cash Dividends and Income
Opening Market Value
Purchases
Redemptions
Change in Value
Closing Market Value
51,723,392.89
3,488,073.51
(3,212,080.28)
198,686.45
$52,198,072.57
CAMP Managed Account
Unsettled Trades 0.00
101,187.70 Cash Dividends and Income
June 30, 2024 May 31, 2024
Asset Summary
CAMP Pool 88,805.27 312,890.23
CAMP Managed Account 52,198,072.57 51,723,392.89
$52,286,877.84 $52,036,283.12 Total
Asset Allocation

0.17%
CAMP Pool

99.83%
CAMP Managed
Account

For the Month Ending June 30, 2024Managed 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
$312,890.23
3,285,354.95
(3,509,439.91)
$88,805.27
1,677.00
$51,723,392.89
(373,362.93)
(2,838,717.35)
3,488,073.51

0.00 198,686.45
$52,198,072.57
$52,036,283.12
$52,286,877.84
90,222.67
(17,113.38)
28,078.41
$101,187.70
316,297.80
2,843,442.02
84,200.20
58,362.93
(3,505,186.89)
202,883.94

0.00 Managed Account Total
52,942,503.35 53,031,308.62
329,637.31
2,843,442.02
374,660.73
84,200.20
(3,505,186.89)
(52,688,139.35)
(261,969.47)

0.00 329,637.31
6,352,881.93
374,660.73
84,200.20
(6,790,541.84)
(53,001,029.58)
(261,969.47)
1,677.00
Total Accrual Basis Earnings $119,147.90 $120,824.90
Transaction Summary - Managed AccountTransaction Summary - Money Market _______________________________________________ _______________________________________________ _____________________________________________________ Cash Balance
$0.00 Closing Cash Balance

For the Month Ending June 30, 2024
Portfolio Summary and Statistics

CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Account Summary
Percent Par Value Market ValueDescription
U.S. Treasury Bond / Note 23,525,000.00 22,313,070.15 42.68 Municipal Bond / Note 1,395,000.00 1,354,197.05 2.59 Federal Agency Commercial
Mortgage-Backed Security
7,947,901.51 7,812,521.09 14.94
Federal Agency Bond / Note 2,275,000.00 2,151,470.53 4.11 Corporate Note 12,420,000.00 12,093,783.12 23.13
Certificate of Deposit 900,000.00 901,796.39 1.72
Asset-Backed Security 5,596,123.15 5,571,234.24 10.66 Managed Account Sub-Total 54,059,024.66 52,198,072.57 99.83% Accrued Interest 329,637.31
Total Portfolio 54,059,024.66 52,527,709.88
CAMP Pool 88,805.27 88,805.27 0.17
Total Investments 54,147,829.93 52,616,515.15 100.00%
Unsettled Trades 0.00 0.00
Sector Allocation

10.66%
ABS

1.72%
Cert of Deposit

23.13%
Corporate Note

4.11%
Fed Agy Bond /
Note

14.94%
Federal Agency
Commercial
Mortgage-Backed
Security

0.17%
Joint Powers
Authority

2.59%
Muni Bond / Note

42.68%
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

1.83%

4.64%

10.29%

31.12%

29.51%

22.61%

0.00%
Maturity Distribution Characteristics
Yield to Maturity at Cost
Yield to Maturity at Market
Weighted Average Days to Maturity 1083

3.92%

4.80%

For the Month Ending June 30, 2024
Managed Account Issuer Summary

CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Credit Quality (S&P Ratings)

5.43%
A

3.79%
A+

3.53%
A-

3.64%
AA

63.13%
AA+

5.80%
AA-

10.71%
AAA

0.17%
AAAm

1.45%
BBB+

2.35%
NR
Issuer Summary
Percentof HoldingsIssuer
Market Value
222,124.50 0.42 ABBOTT LABORATORIES
375,413.63 0.72 ADOBE INC
336,717.30 0.64 AIR PRODUCTS & CHEMICALS
455,986.23 0.87 AMAZON.COM INC
1,457,945.12 2.80 AMERICAN EXPRESS CO
730,308.08 1.40 APPLE INC
790,266.77 1.51 BANK OF AMERICA CO
445,140.08 0.85 BERKSHIRE HATHAWAY INC
771,176.93 1.47 BLACKROCK INC
230,689.76 0.44 BMW FINANCIAL SERVICES NA LLC
361,091.25 0.69 BRISTOL-MYERS SQUIBB CO
80,328.40 0.15 CALIFORNIA STATE UNIVERSITY
88,805.27 0.17 CAMP Pool
726,456.71 1.39 CAPITAL ONE FINANCIAL CORP
208,687.80 0.40 CARMAX AUTO OWNER TRUST
207,750.60 0.40 CATERPILLAR INC
99,818.00 0.19 CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT 286,387.50 0.55 CHARLES SCHWAB
405,319.46 0.78 CHASE ISSURANCE
63,959.29 0.12 CINTAS CORPORATION NO. 2
419,643.00 0.80 CISCO SYSTEMS INC
770,231.25 1.47 CITIGROUP INC
375,077.25 0.72 DEERE & COMPANY
856,545.34 1.64 DISCOVER FINANCIAL SERVICES
1,478,852.44 2.84 FANNIE MAE
141,896.25 0.27 FEDERAL HOME LOAN BANKS
350,731.12 0.67 FIFTH THIRD AUTO TRUST
297,578.30 0.57 FLORIDA STATE BOARD OF ADMIN FIN CORP 128,779.51 0.25 FORD CREDIT AUTO OWNER TRUST
8,343,242.93 15.97 FREDDIE MAC
221,365.35 0.42 GENERAL DYNAMICS CORP
310,495.05 0.59 GM FINANCIAL CONSUMER AUTOMOBILE TRUST

For the Month Ending June 30, 2024Managed Account Issuer Summary

CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Percentof HoldingsIssuer
Market Value
399,649.20 0.76 GOLDMAN SACHS GROUP INC
169,168.62 0.32 HARLEY-DAVIDSON MOTORCYCLE TRUST
396,673.35 0.76 HOME DEPOT INC
445,227.95 0.85 HONDA AUTO RECEIVABLES
32,122.46 0.06 HYUNDAI AUTO RECEIVABLES
221,827.28 0.42 IBM CORP
171,540.78 0.33 JP MORGAN CHASE & CO
59,111.70 0.11 LOCKHEED MARTIN CORP
723,738.75 1.38 MICROSOFT CORP
730,680.00 1.40 NATIONAL AUSTRALIA BANK LTD
381,093.35 0.73 NATIONAL RURAL UTILITIES CO FINANCE CORP 314,788.50 0.60 NEW YORK ST URBAN DEVELOPMENT CORP
194,313.72 0.37 NISSAN AUTO RECEIVABLES
450,107.10 0.86 NORDEA BANK ABP
171,197.25 0.33 PACCAR FINANCIAL CORP
400,779.92 0.77 ROCHE HOLDINGS INC
124,069.40 0.24 SAN JUAN UNIFIED SCHOOL DISTRICT
200,364.00 0.38 STATE OF CALIFORNIA
60,000.00 0.11 STATE OF CONNECTICUT
95,267.10 0.18 STATE OF MINNESOTA
37,202.80 0.07 TARGET CORP
84,300.11 0.16 TEXAS INSTRUMENTS INC
441,090.23 0.84 THE BANK OF NEW YORK MELLON CORPORATION 451,689.29 0.86 TORONTO-DOMINION BANK
666,671.05 1.28 TOYOTA MOTOR CORP
22,313,070.15 42.68 UNITED STATES TREASURY
209,029.73 0.40 UNITEDHEALTH GROUP INC
81,983.35 0.16 UNIVERSITY OF CALIFORNIA
221,310.23 0.42 USAA CAPITAL CORP
$52,286,877.84 Total 100.00%

For the Month Ending June 30, 2024Managed 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 12/31/2019 1.750% 12/31/2024
49,117.19 50,391.90 2.38 53,441.41 08/07/2008/05/20AaaAA+ 50,000.00 912828YY0 0.18

US TREASURY NOTES
DTD 06/30/2020 0.250% 06/30/2025
47,648.44 49,772.06 0.34 49,031.25 04/05/2104/01/21AaaAA+ 50,000.00 912828ZW3 0.72

US TREASURY NOTES
DTD 11/15/2016 2.000% 11/15/2026
423,421.88 430,714.45 1,149.46 418,658.20 01/06/2301/04/23AaaAA+ 450,000.00 912828U24 3.96

US TREASURY NOTES
DTD 11/15/2016 2.000% 11/15/2026
8,938,906.25 9,141,899.31 24,266.30 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
1,143,187.44 1,170,233.23 5,559.78 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
356,074.20 365,791.50 4,306.32 362,329.10 05/05/2305/01/23AaaAA+ 375,000.00 91282CFB2 3.62

US TREASURY NOTES
DTD 07/31/2022 2.750% 07/31/2027
379,812.48 381,295.91 4,593.41 373,265.62 03/06/2303/02/23AaaAA+ 400,000.00 91282CFB2 4.44

US TREASURY NOTES
DTD 07/31/2022 2.750% 07/31/2027
569,718.72 573,970.17 6,890.11 565,640.63 07/07/2307/03/23AaaAA+ 600,000.00 91282CFB2 4.30

US TREASURY NOTES
DTD 07/31/2022 2.750% 07/31/2027
783,363.24 796,637.01 9,473.90 786,779.30 06/06/2306/02/23AaaAA+ 825,000.00 91282CFB2 3.97

US TREASURY NOTES
DTD 11/30/2022 3.875% 11/30/2027
1,152,601.56 1,171,063.81 3,856.47 1,170,501.95 01/05/2401/02/24AaaAA+ 1,175,000.00 91282CFZ9 3.98

US TREASURY NOTES
DTD 11/30/2022 3.875% 11/30/2027
1,177,125.00 1,186,390.38 3,938.53 1,184,109.38 12/05/2312/01/23AaaAA+ 1,200,000.00 91282CFZ9 4.24

US TREASURY NOTES
DTD 02/28/2023 4.000% 02/29/2028
393,875.00 394,028.89 5,347.83 393,640.63 04/05/2404/03/24AaaAA+ 400,000.00 91282CGP0 4.45

US TREASURY NOTES
DTD 02/28/2023 4.000% 02/29/2028
590,812.50 602,261.08 8,021.74 602,507.81 02/06/2402/02/24AaaAA+ 600,000.00 91282CGP0 3.89

US TREASURY NOTES
DTD 02/28/2023 4.000% 02/29/2028
1,329,328.13 1,336,470.21 18,048.91 1,335,287.11 03/06/2403/01/24AaaAA+ 1,350,000.00 91282CGP0 4.30