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Agenda packet

Lake Elsinore City Council
May 13, 2025

Document
Agenda packet
Meeting
May 13, 2025
Body
Lake Elsinore City Council
Pages
215
Original file
84.0 MB
Text extracted from the city's file for reading and search. Open the original on lakeelsinore.primegov.com. That file is the official record.

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:May 13, 2025
Subject:Amendment No. 1 to Agreement with West Coast Services for Monthly Window Washing Services for Citywide Facilities
Recommendation
Approve and authorize the City Manager to execute Amendment No. 1 to the Contractor Services Agreement with West Coast Services and increase compensation by an additional $2,200.00 for an amount not to exceed $15,915.00 in such final form approved by the City Attorney.

Background
West Coast Services has provided window washing services to the City of Lake Elsinore for the past 9 years. West Coast Services provides monthly window cleaning services and aims to enhance the upkeep and presentation of city facilities.

Discussion
Amendment No. 1 is needed to cover the monthly billing total of $1,325.00. This adjustment will ensure that we can cover the necessary services through the end of the fiscal year.

Fiscal Impact
The funding is available in the FY2025-26 Annual Operating Budget.

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

TO AGREEMENT FOR CONTRACTOR SERVICES
West Coast Services
Citywide Window Cleaning Services
This Amendment No. 1 to Agreement for Contractor Services is made and entered into as of 5/13/2025, by and between the City of Lake Elsinore, a municipal corporation (“City), and West Coast Services, a Corporation (“Contractor”).

RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of 9/12/2023, (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 Thirteen Thousand Seven Hundred Fifteen dollars ($13,715.00).

C. The Original Agreement had a term commencing on September 12, 2023, and ending June 30, 2026. The City may extend the term on a 12-month basis, not to exceed two (2) additional 12-month renewals.

D. The parties now desire to amend and increase the payment for such services as set forth in this Amendment No. 1 for an annual amount not to exceed Fifteen Thousand Nine Hundred Fifteen dollars ($15,915.00).

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 add the following:

Notwithstanding the foregoing, for purposes of Amendment No. 1 and the term thereof, compensation to be paid to Contractor shall be in accordance with the Schedule of Charges set forth in Contractor ’s Proposal (referenced collectively as Exhibit A-1 Amendment No. 1). In no event shall Contractor ’s compensation related to Exhibit A-1 to Amendment No. 1 exceed Fifteen Thousand Nine Hundred Fifteen dollars ($15,915.00) 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. 3 8
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3 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”
West Coast Services
City Manager
Date:

Ken Fuller, President
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]

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AGREEMENT FOR CONTRACTOR SERVICES
West Coast Services
Citywide Window Cleaning Services
This Agreement for Contractor Services (the “Agreement”) is made and entered into as of September 12, 2023, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and West Coast Services , a corporation ("Contractor").

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

Monthly window cleaning at multiple City Facilities.

B. Contractor has submitted to City a proposal, dated June 30, 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: 49419D9A-DBAA-49C6-A68A-069806C08D57

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3 and effect for a period commencing on September 12, 2023 and ending June 30, 2026. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.

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

3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed Thirteen Thousand Seven Hundred Fifteen Dollars and Zero Cents ($13,715.00) 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.

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3 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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3 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: 49419D9A-DBAA-49C6-A68A-069806C08D57

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3 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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3 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: 49419D9A-DBAA-49C6-A68A-069806C08D57

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3 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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3 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:West Coast Services
Attn: Ken Fuller
30650 Rancho California Rd. Suite D406-61
Temecula, CA 92591

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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3 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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3 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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3 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”
West Coast Services, a corporation
By:Ken Fuller
Its:President
Attachments: Exhibit A – Contractor’s Proposal
Exhibit B – List of Subcontractors
DocuSign Envelope ID: 49419D9A-DBAA-49C6-A68A-069806C08D57

EXHIBIT A

EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
DocuSign Envelope ID: 49419D9A-DBAA-49C6-A68A-069806C08D57

EXHIBIT B

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]
DocuSign Envelope ID: 49419D9A-DBAA-49C6-A68A-069806C08D57 KTF, NC.

DBA.WEST COAST SERVICES
30650 Rancho California Road Ph: (951) 894-6161
Suite D406-61
Temecula,Ca.92591 Email:[email protected] Attn.: Luis Ceja / Public Works Supervisor
Hector Gonzales / Facilities Supervisor
City of Lake Elsinore
130 South Main Street
Lake Elsinore, Ca. 92530
Phone: Luis - 951-805-9927
Hector -951-227-2150
Email : [email protected]
hgoruales@l ake -el sinore. org
We are pleased to submit the following proposals for 2024; Job Site: Public Works Admin building
521 N. Langstaff St.

Lake Elsinore, CA 92530
West Coast Services is fully insured and bonded. Please do not hesitate to contact us with any questions regarding this proposal.

Ken Fuller / President Date:6130123
To authorize our services, please sign and email this proposal back to westcoastwindowcleanin [email protected].

Service:
iption /
Window cleaning service- interior/exterior
Scheduled every 4 weeks
Total
Authorized By Title Date
Total
$22s.00
Per Service
$2,925.00
DocuSign Envelope ID: 49419D9A-DBAA-49C6-A68A-069806C08D57 KTF, INC.

DBA-WEST COAST SERVICES
30650 Rancho California Rd Ph: (951) 894-6161
Suite D406-61
Temecula,CA9259l Email:[email protected] Attn: Luis Ceja / Public Works Supervisor
Hector Gonzales / Facilities Supervisor
City of Lake Elsinore
130 S. Main St.

Lake Elsinore Ca. 92530
Phone: Luis - 951-805-9927 Hector -951-227-2150
Email: [email protected] [email protected] We are pleased to submit the following proposal for 2024 Job Sites: City Hall, Senior Center and Chamber of
Commerce
Window Cleaning Service - interior and exterior of City Hall including awnings cleaned-also to include Community Service Office @ll4 S.

Main St.

Window Cleaning Service - interior and exterior -Senior Center Scheduled every 4 weeks
$1s0.00
Per Service
$125.00
Per Service
Window Cleaning Service - interior and exterior- Chamber of Commerce Scheduled every 4 weeks
Yearly Total $7,475.00
West Coast Services is fully insured and bonded.
with any questions regarding this contract.

Ken Fuller / President
To authorize our services, please sign and
westco astwin d ow clea ning@v et'tzon. n et.

Please do not hesitate to contact us
Date:6130123
email this contract back to
Authorized By Title Date
Service:

Description / Frequency Total
$300.00
Per Service
DocuSign Envelope ID: 49419D9A-DBAA-49C6-A68A-069806C08D57 KTF, INC.

DBA.WEST COAST SERVICES
30650 Rancho California Road
Suite D406-61
Temecula, CA 92591 Emai I : we [email protected] Ph: (951) 894-6161
Attn: Luis Ceja / Public Works Supervisor
Hector Gonzales / Facilities Supervisor
City of Lake Elsinore
130 S. Main St.

Lake Elsinore Ca. 92530
Phone: Luis - 951-805-9927
Email : lcej [email protected]
Hector -951-227-2150
[email protected]
We are pleased to submit the following proposal for 2024 Job Sites: Lake Community Center
310 W. Graham Ave.

Lake Elsinore, Ca. 92530
West Coast Services is fully insured and bonded. Please do not hesitate to contact us with any questions regarding this contract.

Ken Fuller / President Date:6130123
To authorize our seruices, please sign and email this contract back to westcoastwindowcleanin [email protected].

Service:

IF
Window Cleaning Service - interior and exterior
Scheduled every 4 weeks
Total
Authorized By Title Date
Total
$6s.00
Per Service
$84s.00
DocuSign Envelope ID: 49419D9A-DBAA-49C6-A68A-069806C08D57 KTF, INC.

DBA-WEST COAST SERVICES
30650 Rancho California Road Ph: (951) 894-6161
Suite D406-61
Temecula , Ca. 92591 Email: westcoastwindowcleaning @verizon.net Attn.: Luis Ceja / Public Works Coordinator
Hector Gonzales - Facilities Supervisor
City of Lake Elsinore
130 South Main Street
Lake Elsinore, Ca. 92530
Phone: Luis - 951-805-9927
Email : lcej [email protected]
Hector -951-227-2150
hgonzales@lake-el s inore. org
We are pleased to submit the following proposal for 2024 Job Site: Dream Extreme Neighborhood Center
I l7 South Langstaff Street
Lake Elsinore, CA 92530
West Coast Services is fully insured and bonded. Please do not hesitate to contact us with any questions regarding this proposal.

Ken Fuller Date:6130123
To authorize our services, please sign and email this proposal back to westco as twin d owclea n ing@v erizo n. n et.
iption / F
Window cleaning service- interior/exterior
Scheduled every 4 weeks
Yearly Total
Authorized By Title Date
Service:

Total
$190.00
Per Service
2,470.00
DocuSign Envelope ID: 49419D9A-DBAA-49C6-A68A-069806C08D57 Client#:1997515
CERTIFICATE NUMBER:

KTFINC
COVERAGES REV]SION NUMBER:

ACORD* CERTIFICATE OF LIABILITY INSURANCE
DATE (Mil/DrvrYYY)
6n9no23
THIS CERTIFICATE IS ISSUEO AS A I|iATTER 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 ]SSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. lf SUBROGATION lS WAIVEO, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certilicate does not conler any rights to the certificate holder in lieu of such endorsem€nt(s).

PNODUCER
Temecula lnsurance, div of US!
419232nd Street, Suite 201
Temecula, CA 92590
951 694-5200
fiSUIlct Brad Satute
iiuE ..,,95l 694-5200 lfr.no,, 951-302-0470
E,lHlE.". brad.salute@ usi.com

INSURER(S) AFFORDING COVERAGE NAIC
'
;N5TJRER A: Ohio Casualty lnsurance Company 24074

INSURED
KTF, lnc.; West Coast Services
30650 Rancho California Road
Suite D406-61
Temecula, CA 92591
tNsuRER B: Ametican Fire & Casualty Company 24066
tNsuRER c: CompWBt lnsurance Company 12177
INSURER D;
INSURER E:
eF.

THIS IS TO CERTIFY THAT THE POLICIES OF INSUBANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUBED 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 HEBEIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

TYPE OF INSURANCE POLICY NUMBER LtlrflTS
A xl COMMERCIAL GENERAL LIABILITY
_
"*,r.-roo. fI o..r"
Y Y 8KO56274942 ta21no22 12J211202i EACH OCCURRENCE s 1.000.000 DAMAGE TO RENTEDPREMISES (Ea murerc6) $500,000
MED EXP (Any one person) s15,000
PERSONAL & AOV INJURY s 1,000,000
GEI\.I'L AGGREGATE LIMIT APPLIES PER:
f---l PRo.polrcvl .recr I lloc
OTHER:

GENERAL AGGREGATE s2,000,fi)O
PRODUCTS - COMP/OP AGG s2,000,000
$
AU'I
l
,OMOBILE UABIUTY

ANY AUTO

OWNED I SCHEDULEO
AUTOSONLY I i AUTOS
HIRED I ; NON.OWNED

AUTOS ONLY I AUTOS ONLY
I

COMBINED SINGLE LIMIT
lFa ami.renl) s
BODILY INJURY (Por poen) s
BODILY INJURY (P€r a€id6nt) $
PHOPERTY DAMAGE(Per aeidBnt) $
$

B UUBRELLA UAB

EXCESS LIAB
X I occun
---]
", o,r.-rott
E5A56274942 2/i21nO22 Pn1h021 EACH OCCURRENCE $5.000,000 x AGGREGATE s5.000,000
DED |
".r=*r,o*
$ $
c WORKERS COUPENSANON
aND EMPLOYERS'UABIUTY Y/N
ANY PROPR IETOH/PARTNEHUEXECUTIVE . --
N/A
Y cwwcP10006592601 tuo1no22
E.L. EACH ACCIOENT . rr,qqq,]tX)o
OFFICER/MEMBER EXCLUDED?
(trndttory ln NH)
lf yss, describe under
DESCRIPTION OF OPERATIONS b€IOf
E.L. DISEASE. EA EMPLOYEE s1,000,000
E,L, DISEASE. POLICY LIMIT s1.000,000
DESCR|mON OF OPERAnONS / LOCAnOilS / VEHTCLES (ACORD 101, Addltmd Rqnlrt3 schedulg my be attlchsd ll mol€ rp.ce lt Equlr€d) The City, lts elected or appolnted otllcers, officaals, employees, agents and volunteers are to be Govered as additional insured with respect to llability arising out of work performed by or on behall of the Contractor, including matertals, parts or equipment furnished ln connection with such work or operataons.

Thls policy shall be considered primary insurance as
respects the City, its elected or appolnted officers, officials, employees, agents and volunteers. Any (See Attached Descriptions)

CFRTIFIEATE HOLDER CANCELLATION
Gity ol Lake Elsinore
130 South Maln Street
Lake Elsinore, CA 92530

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORE

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

AUTHORIZED REPFESENTATIVE
ACORD 25 (2016^)3) 1 ol 2 The ACORO name and logo are registered marks of AcoRD It s40621 277 1M4062 1 1 33
O 1988-2015 ACORD CORPORATION. All rights reserved.

KASSL
DocuSign Envelope ID: 49419D9A-DBAA-49C6-A68A-069806C08D57

CERTIFICATE OF LIABILITY INSURANCE

COVERAGES
THIS CERNFrcATE IS ISSUED AS A MATTER OF IiIFORTATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIR]TATIVELY OR NEGATIVELY ATEND, EXTET{O OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF I]IISURAiICE DOES 1{OT CONSTITUTE A CONTRACT BETt,UEEil THE ISSUING INSURER(S), AUTHORIZED REPRESET{TANVE OR PRODUCER, AI{D THE CERNFICATE HOLDER
IMPORTANT: lf the certificate holder is an ADDITIOi{AL INSURED, the policy(ies) must bo endo,Eed. lf SUBROGATIOT{ lS WAIVED, sublect to tho tems and condltions of the policy, cettain policies may rcquirc an endorcement. A statement on this ceftncato does not confer rights to the certificate holder in lieu of such
PRooUcER STATE FARM

MIKE BUCCIERIAGENCY
StateFarm 27403 YNEZ RD SUITE 218
& TEMEcuLA,cAg25el
\A/EST COAST SERVICES
30650 RANCHO CALIFORNIA RD SUITE D4O6-61
TEMECULA, CA 92591

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH 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 SHOW\ MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

ITP TYPE OF INSURANCE POUCY NUUAER

POUCY EXP
rlII,DD/YYYYI UT]TS
GE'{ERAL LIABIUTY

COMMERCIAL GENERAL LIABILITY
l"*,u**oa occuR
-
EACH OCCURRENCE $
PRFMISFS lFe lmrehe\ s
MED EXP (Any me peEon) $
PERSONAL & ADV INJURY $
l GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS . COMP/OP AGG $ *r'"r fl i$9 f l .oc $
A AU']ft,tELEUAEIUTV
I o*"orro
IALLO\AAIED I I SCHEDULED
IAUToS I IAUToS
I T.-rl NoN-owr.rED
IHTREDAUTOS l^IAUTOS
I t-t
41 6 5476-E07-55
263 9508-E08-55P
o5t07t2023 111O712023
COMEINED SINGLE LIMII(Ea eident) $ I,000,000
o51o712023 11tO7t2023 BOOILY INJURY (Per peEon) $
X BODILY INJURY (Per accident) $
X

PROPERTY DAMAGE
(Per a€ident) $
MEDICAL PAYMENTS $ 2,000
uuBRELlrLtAB I loccun
ExcEssLtAB I l"*ur-uor.

EACH OCCURRENCE !
AGGREGATE $
oao I RETENTT.N s

AND EMPLOYERS' LIABILTTY Y'N
N'A
lilc STATU- I toTH.

ToRYilMrrsl IFR
E.L. EACH ACCIDENT $
oFF|CE/MEMBER EXCLUDED? Ll(t.nd.tory in NH)
lf y6, dessibe undtr
E.L. DISEASE. EA EMPLOYEI !
E.L. DISEASE - POLICY LIMIT
DESCTPnON OF OPERATIONS , LOCATIONS , VEHICLES (Attrch ACORD tol, Addldon.l Rcmltr Schcduh, lf mon tp.c. b rcqulEd) Certificate Holder is Additional lnsured

CERTIFICA'
CERTIFICATE NUMBER:

CANCELLATION
@ 1988-2010
REVISION NUMBER:

CORPORATION. All rights reerved.
1001486 1328r'.9.8 01-2}2013
Gity of Lake Elsinore
130 South Main St
Lake Elsinore, CA 92530
SHOULD Al{Y OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED It{ ACCORDAT{CE WITH THE POUCY PROVISIONS.

ACORD 2s (2010/05) The ACORD name and logo are rcgistered marks of ACORD DocuSign Envelope ID: 49419D9A-DBAA-49C6-A68A-069806C08D57

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
28924 OLD TOWN FRONT ST STE 104 Business Type:

TEMECULA, CA 92590-2857

WEST COAST SERVICES
KTF, INC.
30650 RANCHO CALIFORNIA RD D406-61
TEMECULA, CA 92591-3279
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

WEST COAST SERVICES

KENNETH FULLER
SERVICE/GENERAL-MISC.

WINDOW CLEANING SERVICE
004234
7/1/2023 6/30/2024
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ DocuSign Envelope ID: 49419D9A-DBAA-49C6-A68A-069806C08D57 18)
Amendment No. 1 to Agreement with Hazzard Backflow, Inc. for Citywide Parks, Facilities, and LLMD’s Testing and Repairs
Approve and authorize the City Manager to execute Amendment No. 1 to the Contractor Services Agreement with Hazzard Backflow and increase compensation by an additional $12,400.00 for an amount not to exceed $42,400.00 in such final form approved by the City Attorney.

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Rick De Santiago, Public Works Manager
Date:May 13, 2025
Subject:Amendment No. 1 to Agreement with Hazzard Backflow, Inc. for Citywide Parks, Facilities, and LLMD’s Testing and Repairs
Recommendation
Approve and authorize the City Manager to execute Amendment No. 1 to the Contractor Services Agreement with Hazzard Backflow and increase compensation by an additional $12,400.00 for an amount not to exceed $42,400.00 in such final form approved by the City Attorney.

Background
Hazzard Backflow has provided backflow testing and repair services to the City of Lake Elsinore for the past 9 years. Hazzard Backflow provides a range of backflow prevention services aimed at ensuring water safety and compliance. Regular testing ensures that backflow prevention devices are functioning properly, helping to protect the potable water supply.

Discussion
Amendment No. 1 is needed to cover Invoice No. 42359 in the amount of $6,900.00 for the backflow replacement (irrigation) and backflow cage install at Yarborough Park and estimate No. 7932 in the amount of $5,500.00 backflow replacement (restrooms) at Yarborough Park. This adjustment will ensure that we can cover the necessary services through the end of the fiscal year.

Fiscal Impact
The funding is available in the FY2025-26 Annual Operating Budget.

Amendment No. 1 with Hazzard Backflow

Page 2 of 2 ends

Attachments
Attachment 1 - Amendment No. 1
Exhibit A - Invoices
Attachment 2 - Original Agreement
Public Works
3 8
7 6
0 AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACTOR SERVICES
Hazzard Backflow, Inc.

On-Call Services
This Amendment No. 1 to Agreement for Contractor Services is made and entered into as of 5/13/2025, by and between the City of Lake Elsinore, a municipal corporation (“City), and Hazzard Backflow Inc., a Corporation (“Contractor”).

RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of 9/26/2023, (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 Thirty Thousand dollars ($30,000.00).

C. The Original Agreement had a term commencing on September 26, 2023, and ending June 30, 2026. The City may extend the term on a 12-month basis, not to exceed two (2) additional 12-month renewals.

D. The parties now desire to amend and increase the payment for such services as set forth in this Amendment No. 1 for an annual amount not to exceed Forty-Two Thousand Four Hundred dollars ($42,400.00).

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 add the following:

Notwithstanding the foregoing, for purposes of Amendment No. 1 and the term thereof, compensation to be paid to Contractor shall be in accordance with the Schedule of Charges set forth in Contractor ’s Proposal (referenced collectively as Exhibit A-1 Amendment No. 1). In no event shall Contractor ’s compensation related to Exhibit A-1 to Amendment No. 1 exceed Forty-Two Thousand Four Hundred dollars ($42,400.00) 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. 3 8
7 6
0 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”
Hazzard Backflow Inc.

City Manager
Date:

Jaquelyn Romero, Vice President
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]
HAZZARD BACKFLOW INC.

LIC.#969978
558 Birch St Bldg 1
Lake Elsinore, CA 92530 USA
3234133960
[email protected]
http://www.hazzardbackflow.com/
Invoice 42359

BILL TO

CITY OF LAKE ELSINORE
130 S MAIN ST
LAKE ELSINORE, CA 92530
DATE
04/07/2025

PLEASE PAY
$6,900.00

DUE DATE
05/07/2025

SALES REP
JACKY

ACTIVITY DESCRIPTION QTY RATE AMOUNT

BACKFLOW

REPLACEMENT
Serial# 96508
To replace Stolen 2" Wilkins 975 type RP Backflow
preventer assembly with new 1" Wilkins 375XL Type
RP Backflow preventer assembly. Will need to reroute
upstream service line due to existing line runs under
park concrete monument sign.

Includes 1" pressure regulatror.

Parts, Labor & Test Included
1 5,400.00 5,400.00

BACKFLOW CAGE

INSTALL
To install heavy duty backflow cage enclosure with
concrete service pad.

Parts & Labor Included
1 1,500.00 1,500.00
TOTAL DUE $6,900.00

YARBOROUGH PARK
419 N POE ST

LAKE ELSINORE
THANK YOU.

Pay invoice

Page 1 ends

3 5
6 2
5 AGREEMENT FOR CONTRACTOR SERVICES
Hazzard Backflow, Inc.

ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of September 26, 2023 by and between the City of Lake Elsinore , a municipal corporation (the “City”) and Hazzard Backflow Inc., a Corporation (the “Contractor”).

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

Backflow testing, inspection, maintenance, and repairs at various City owned locations.

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

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

AGREEMENT

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

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

DocuSign Envelope ID: 1BEFD4F3-D0C7-4FBF-9198-82B9232BF6B6

Page 2 ends

3 5
6 2
5 c. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement , this Agreement shall continue in full force and effect for a period commencing on September 26, 2023 and ending June 30, 2026. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.

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

3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference . In no event shall Contractor's annual compensation exceed Thirty Thousand Dollars and Zero Cents. ($30,000.00 ) without additional written authorization from the City.

Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

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

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

Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.

6. Suspension or Termination.
a. The City may at any time, for any reason , with or without cause, suspend or terminate this Agreement, or any portion hereof , by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement , unless the notice provides otherwise . If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided DocuSign Envelope ID: 1BEFD4F3-D0C7-4FBF-9198-82B9232BF6B6

Page 3 ends

3 5
6 2
5 that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein.

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

8. Contractor's Books and Records .
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate DocuSign Envelope ID: 1BEFD4F3-D0C7-4FBF-9198-82B9232BF6B6

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

9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.

Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner .
b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

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

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

DocuSign Envelope ID: 1BEFD4F3-D0C7-4FBF-9198-82B9232BF6B6

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

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

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

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

Contractor shall maintain a City of Lake Elsinore business license .

DocuSign Envelope ID: 1BEFD4F3-D0C7-4FBF-9198-82B9232BF6B6

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

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

DocuSign Envelope ID: 1BEFD4F3-D0C7-4FBF-9198-82B9232BF6B6

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5 iii. Automobile Liability Coverage . Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles , in an amount of not less than one million dollars ($1,000 ,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage . b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language :
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers . Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers , officials, employees or agents . v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers .
vi. The insurance provided by this Policy shall not be suspended , voided , canceled , or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions . d. Certificates of Insurance . Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

DocuSign Envelope ID: 1BEFD4F3-D0C7-4FBF-9198-82B9232BF6B6

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

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to:City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Hazzard Backflow Inc.

Attn: Jaquelyn Romero
558-1 Birch Street
Lake Elsinore, CA 92530

18. Assignment and Subcontracting . The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor .

Contractor shall be fully responsible to City for all acts or omissions of any subcontractors .

Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

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

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

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

22. Prohibited Interests . Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any DocuSign Envelope ID: 1BEFD4F3-D0C7-4FBF-9198-82B9232BF6B6

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5 fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

24. Prevailing Wages . Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000 , et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including , without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non- payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

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

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

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

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

29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor’s Proposal.

DocuSign Envelope ID: 1BEFD4F3-D0C7-4FBF-9198-82B9232BF6B6

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

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

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
“CONTRACTOR”
Hazzard Backflow, a Corporation
By: Jaquelyn Romero
Its: Vice President
Attachments: Exhibit A – Contractor’s Proposal
DocuSign Envelope ID: 1BEFD4F3-D0C7-4FBF-9198-82B9232BF6B6

EXHIBIT A

EXHIBIT A

CONTRACTOR'S PROPOSAL
[ATTACHED]
DocuSign Envelope ID: 1BEFD4F3-D0C7-4FBF-9198-82B9232BF6B6

HAZZARD BACKFLOW INC
16738 Lakeshore Dr #H#286
Lake Elsinore, CA 92530 US
951-445-0809
[email protected]
http://www.hazzardbackflow.com/
Estimate 5873

ADDRESS

CITY OF LAKE ELSINORE
130 S MAIN ST
LAKE ELSINORE, CA 92530
DATE
07/13/2023
TOTAL
$0.00

EXPIRATION
DATE
08/13/2023

SALES REP
JACKY

ACTIVITY DESCRIPTION QTY RATE AMOUNT

ANNUAL BACKFLOW
TEST
BACKFLOW QUOTE 2023-2024
$40.00 per test
$185.00 for 1" & under -backflow repairs
$285.00 for 1 1/2" - 2"- backflow repairs
$400-$1,500 for 2 1/2" and up- backflow repairs price
varies on make and model of device
Emergency calls (after hours) $100.00 extra on top of
repairs
Installs / replacements - 3/4"-1 1/4" $900.00 -
$1,500.00
1 1/2"- 2" $1,500.00- $2,000.00
Concrete pad and cages are extra
1 0.00 0.00
Sign Estimate Please sign, date and email back to
[email protected] if you approve this
estimate to schedule work. Circle and Initial by all line items approved and cross out any line items not
approved.

0.00 TOTAL $0.00

CITY OF LAKE ELSINORE
130 S MAIN ST
LAKE ELSINORE, CA 92530
THANK YOU.

Accepted By Accepted Date
DocuSign Envelope ID: 1BEFD4F3-D0C7-4FBF-9198-82B9232BF6B6

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

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

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

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

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

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

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

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

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

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

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

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

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

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

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

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

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

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

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

AUTOS ONLY
7/13/2023
Arthur J. Gallagher Risk Management Services, LLC
500 N Brand Boulevard, Suite 100
Glendale CA 91203
Robin Lowe
818-253-4109
818-539-2301
[email protected]
License#: 0D69293
Ohio Casualty Insurance Company
24074
HAZZBAC-01
West American Insurance Company
44393
Hazzard Backflow Inc
558-1 Birch St.

Lake Elsinore CA 92530
Ohio Security Insurance Company
24082
American Fire and Casualty Company
24066
1087485929
A
X
1,000,000
X
500,000
15,000
1,000,000
2,000,000
X
BKO58151681
3/17/2023
3/17/2024
2,000,000
B
1,000,000
X
X
X
BAW58151681
3/17/2023
3/17/2024
D
X
2,000,000
X
ESA64743798
3/17/2023
3/17/2024
2,000,000
C
X
Y
XWS58151681
3/17/2023
3/17/2024
1,000,000
1,000,000
1,000,000
Evidence of Coverage.

CITY OF LAKE ELSINORE
130 S. MAIN ST
LAKE ELSINORE CA 92530
DocuSign Envelope ID: 1BEFD4F3-D0C7-4FBF-9198-82B9232BF6B6

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
558-1 BIRCH ST Business Type:

LAKE ELSINORE, CA 92530

HAZZARD BACKFLOW
558-1 BIRCH ST
LAKE ELSINORE, CA 92530
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

HAZZARD BACKFLOW

JACQUELYN ROMERO

ROLANDO HAZZARD

LIMITED SPECIALTY CONTRACTOR

BACKFLOW TESTING
021936
11/1/2022 10/31/2023
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ DocuSign Envelope ID: 1BEFD4F3-D0C7-4FBF-9198-82B9232BF6B6 19)
Amendment No. 2 to Agreement with Advanced Heating & Air Conditioning for Citywide Facilities Repairs & Services
Approve and authorize the City Manager to execute Amendment No. 2 to the Agreement with Advanced Heating & Air Conditioning and increase compensation by an additional $5,000.00 for a total amount not to exceed $45,000.00 in such final form approved by the City Attorney.

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Rick DeSantiago, Public Works Manager
Date:May 13, 2025
Subject:Amendment No. 2 to Agreement with Advanced Heating & Air Conditioning for Citywide Facilities Repairs & Services
Recommendation
Approve and authorize the City Manager to execute Amendment No. 2 to the Agreement with Advanced Heating & Air Conditioning and increase compensation by an additional $5,000.00 for a total amount not to exceed $45,000.00 in such final form approved by the City Attorney.

Background
Advanced Heating & Air Conditioning has provided air conditioning services to the City of Lake Elsinore for the past 3 years. Advanced Heating & Air Conditioning has provided emergency services to Fire Station #94, the Cultural Center, and various city facilities. Their availability for emergencies ensures that any heating or cooling issues are addressed by minimizing downtime.

Discussion
Amendment No. 2 is needed to cover invoice #11898 for $588.00. This adjustment is necessary to ensure that Citywide Facilities receive prompt emergency repairs and maintenance services through the end of the fiscal year.

Fiscal Impact
The funding is available in the FY2025-26 Annual Operating Budget.

Amendment No. 2 with Advanced Heating & Air Conditioning

Page 2 of 2 ends

Attachments
Attachment 1- Amendment No. 2
Exhibit A- Invoice #11898
Attachment 2 - Amendment No. 1
Attachment 3 - Original Agreement
Public Works
3 8
7 2
9 AMENDMENT NO. 2

TO AGREEMENT FOR CONTRACTOR SERVICES
Advanced Heating & Air Conditioning
On-Call Citywide Facility Repairs & Services
This Amendment No. 2 to Agreement for Contractor Services is made and entered into as of 5/13/2025, by and between the City of Lake Elsinore, a municipal corporation (“City), and Advanced Heating & Air Conditioning, a Corporation (“Contractor”).

RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of 9/26/2023, (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-Five Thousand dollars ($25,000.00).

C. The Original Agreement has a term commencing September 26, 2023, and ending June 30, 2026, and allows the City to extend the term of the Agreement on a 12-month basis not to exceed 2 additional 12-month renewal terms.

D. Amendment No. 1 was approved on February 13, 2024, to increase the compensation in an amount not to exceed Forty Thousand dollars ($40,000.00).

E. The parties now desire to amend and increase the payment for such services as set forth in this Amendment No. 2 for an annual amount not to exceed Forty-Five Thousand dollars ($45,000.00).

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:

Notwithstanding the foregoing, for purposes of Amendment No. 2 and the term thereof, compensation to be paid to Contractor shall be in accordance with the Schedule of Charges set forth in Contractor ’s Proposal (referenced collectively as Exhibit A-2 Amendment No. 2). In no event shall Contractor ’s compensation related to Exhibit A-2 to Amendment No. 2 exceed Forty-Five Thousand dollars ($45,000.00) 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. 2 to be executed on the respective dates set forth below.
3 8
7 2
9 “CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Advanced Heating & Air Conditioning
City Manager
Date:

Steven Shettleroe, President
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

Assistant City Manager
Attachments: Exhibit A-2 – Contractor ’s Proposal
EXHIBIT A-2
CONTRACTOR ’S PROPOSAL
[ATTACHED]

3 7
0 6
3 AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACTOR SERVICES
Advanced Heating & Air Conditioning
On-Call Citywide Facility Repairs & Services
This Amendment No. 1 to Agreement for Contractor Services is made and entered into as of 2/13/2024, by and between the City of Lake Elsinore, a municipal corporation (“City), and Advanced Heating & Air Conditioning, a Corporation (“Contractor”).

RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of 2/14/2023, (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 Twenty-Five Thousand dollars ($25,000.00).

C. The Original Agreement had a term of three (3) years and allows the City to extend the term on a 12-month basis, not to exceed two (2) additional 12-month renewals.

D. The parties now desire to amend and increase the payment for such services as set forth in this Amendment No. 1 for an annual amount not to exceed $40,000.00.

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

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

Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor’s Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor’s annual compensation exceed forty thousand dollars and zero cents ($40,000.00) 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.

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.

DocuSign Envelope ID: 3669A282-888E-4A64-9F7D-9A37E66E09AB 3 7
0 6
3 “CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Advanced Heating & Air Conditioning
City Manager
Date:

Steven Shettleroe, President
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

Assistant City Manager
DocuSign Envelope ID: 3669A282-888E-4A64-9F7D-9A37E66E09AB 3/5/2024 | 8:14 AM PST
3/5/2024 | 8:30 AM PST

EXHIBIT A-1
CONTRACTOR ’S PROPOSAL
[ATTACHED]
DocuSign Envelope ID: 3669A282-888E-4A64-9F7D-9A37E66E09AB Current
Due
1-30 Days
Past Due
31-60 Days
Past Due
61-90 Days
Past Due
90+ Days
Past Due
Amount
Due

0.00 2,975.00 5,725.00 0.00 0.00 $8,700.00
TERMS & EXCLUSIONS:
*Unless specified above - Hers Test & Permits are excluded and the responsibility of the property owner.* *We make no warranties on exsisting equipment.*
*We are not liable for damages to drywall in attic or closet doorway or opening.* Advanced Heating & Air Conditioning
CSLB#916901
+1 9516099881
[email protected]
http://advancedheatingandair.com
Statement
TO
Hector Gonzales
City of Lake Elsinore
Maintenance
183 N Main Street
Lake Elsinore, CA 92530
STATEMENT NO. 3323
DATE 01/26/2024
TOTAL DUE $8,700.00

ENCLOSED

DATE PROJECT DETAILS AMOUNT OPEN
AMOUNT
12/01/2023 Invoice #9939: Due 12/01/2023.
22770 Railroad Canyon Rd, Lake
Elsinore, Ca. 92532
125.00 125.00
12/11/2023 Invoice #9964: Due 12/11/2023.

Launch point (A Frame IT Room)
5,600.00 5,600.00
01/18/2024 Invoice #10078: Due 01/18/2024.

Fire station #94
2,975.00 2,975.00
DocuSign Envelope ID: 3669A282-888E-4A64-9F7D-9A37E66E09AB

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

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

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

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

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

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

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

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

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

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

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

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

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

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

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

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

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

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

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

AUTOS ONLY
11/17/2023
Inszone Insurance Services, LLC
2721 Citrus Road, Suite A
Rancho Cordova CA 95742
Certificate Team
877-308-9663
916-400-2625
[email protected]
License#: 0F82764
United Fire & Casualty Company
13021
ADVAHEA-05
Falls Lake Fire & Casualty Company
15884
Advanced Inc. DBA: Advanced Heating & Air Conditioning
42103 Rio Nedo Suite 101
Temecula CA 92590-3750
1892607127
A
X
1,000,000
X
50,000
10,000
1,000,000
2,000,000
X
X
Y
10181360660
11/16/2023
11/16/2024
2,000,000
A
X
X
1,000,000
10181360660
11/16/2023
11/16/2024
1,000,000
X
0 B
X
FLA019041-01
5/16/2023
5/16/2024
1,000,000
1,000,000
1,000,000
The City of Lake Elsinore Maintenance Department is included as Additional Insured in regards to General Liability per attached endorsement.

City of Lake Elsinore Maintenance Department
521 North Langstaff Street,
Lake Elsinore, CA 92530
DocuSign Envelope ID: 3669A282-888E-4A64-9F7D-9A37E66E09AB

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
42103 RIO NEDO STE 101 Business Type:

TEMECULA, CA 92590-3750

ADVANCED HEATING AND AIR CONDITIONING

ADVANCED INCORPORATED
42103 RIO NEDO STE 101
TEMECULA, CA 92590-3750
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

ADVANCED HEATING AND AIR CONDITIONING

STEVEN SHETTLEROE

HVAC CONTRACTOR
024397
10/1/2023 9/30/2024
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ DocuSign Envelope ID: 3669A282-888E-4A64-9F7D-9A37E66E09AB

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AGREEMENT FOR CONTRACTOR SERVICES
Advanced Heating & Air Conditioning

ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of September 26, 2023 by and between the City of Lake Elsinore , a municipal corporation (the “City”) and Advanced Heating & Air Conditioning , a Corporation (the “Contractor”).

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

On-Call Citywide Facilities air conditioning repairs and services.

B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated July 21, 2023, both of which are attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement.

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

AGREEMENT

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

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

DocuSign Envelope ID: 61BCB38A-572C-4CF8-8C72-10B8BB9D6C7C

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c. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement , this Agreement shall continue in full force and effect for a period commencing on September 26, 2023 and ending June 30, 2026. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.

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

3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference . In no event shall Contractor's annual compensation exceed Twenty-Five Thousand Dollars and Zero Cents. ($25,000.00 ) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

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

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

Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.

6. Suspension or Termination.
a. The City may at any time, for any reason , with or without cause, suspend or terminate this Agreement, or any portion hereof , by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement , unless the notice provides otherwise . If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided DocuSign Envelope ID: 61BCB38A-572C-4CF8-8C72-10B8BB9D6C7C

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that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein.

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

8. Contractor's Books and Records .
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate DocuSign Envelope ID: 61BCB38A-572C-4CF8-8C72-10B8BB9D6C7C

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

9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.

Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner .
b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

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

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

DocuSign Envelope ID: 61BCB38A-572C-4CF8-8C72-10B8BB9D6C7C

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

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

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

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

Contractor shall maintain a City of Lake Elsinore business license .

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

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

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iii. Automobile Liability Coverage . Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles , in an amount of not less than one million dollars ($1,000 ,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage . b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language :
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers . Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers , officials, employees or agents . v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers .
vi. The insurance provided by this Policy shall not be suspended , voided , canceled , or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions . d. Certificates of Insurance . Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

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

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to:City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Advanced Heating & Air Conditioning
Attn: Steven Shettleroe
42103 Rio Nedo #101
Temecula, CA 92590

18. Assignment and Subcontracting . The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor .

Contractor shall be fully responsible to City for all acts or omissions of any subcontractors .

Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

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

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

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

22. Prohibited Interests . Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any DocuSign Envelope ID: 61BCB38A-572C-4CF8-8C72-10B8BB9D6C7C

Page 9 ends

fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

24. Prevailing Wages . Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000 , et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including , without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non- payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

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

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

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

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

29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor’s Proposal.

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

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

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
“CONTRACTOR”
Advanced Heating & Air Conditioning, a
Corporation Contractor
By: Steven Shettleroe
Its: President
Attachments: Exhibit A – Contractor’s Proposal
DocuSign Envelope ID: 61BCB38A-572C-4CF8-8C72-10B8BB9D6C7C

EXHIBIT A

EXHIBIT A

CONTRACTOR'S PROPOSAL
[ATTACHED]
DocuSign Envelope ID: 61BCB38A-572C-4CF8-8C72-10B8BB9D6C7C 42103RioNedoRd., #101Temecula, CA92590(951) [email protected]

SERVICERATESHEET

ITEM RATE
ServiceCall $125Contactor $325
Capacitor $325
HardStart Kit $325
Thermostat $275-$425
R-22Refrigerant $250Per Lb.
410ARefrigerant $98Per Lb.

Condenser FanMotor $625-$950Blower Motor $625-$1650Disconnect Box $285-$625 * Thesearethemost commonservices. However, servicecallsvaryandthisisnot anall inclusivelist.

DocuSign Envelope ID: 61BCB38A-572C-4CF8-8C72-10B8BB9D6C7C ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #

COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

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

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE 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 onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

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

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
7/25/2023
(951) 284-486724449Advanced, Inc. DBA: Advanced Heating & Air Conditioning42103 Rio Nedo, Suite 101Temecula, CA 9259015884 A 1,000,000XBPK0009111-0211/13/202211/13/2023500,00010,0001,000,0002,000,0002,000,000 5,000,000A BUM0008059-0211/13/202211/13/20235,000,000B FLA019041-015/16/20235/16/20241,000,0001,000,0001,000,000 City of Lake Elsinore Maintenance Department is included as Additional Insured in regards to General Liability per attached endorsement.

City of Lake Elsinore Maintenance Department521 North Langstaff StreetLake Elsinore, CA 92530 ADVAHEA-05JSAMSON
Inszone Insurance Services, LLC2721 Citrus Road, Suite ARancho Cordova, CA 95742Deena [email protected] Insurance CompanyFalls Lake Fire & Casualty Company X XX
X X
DocuSign Envelope ID: 61BCB38A-572C-4CF8-8C72-10B8BB9D6C7C © Insurance Services Office, Inc., 2012 Page 1 of 1CG 20 37 04 13 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsem ent
performed for that additional i nsured and
included in the "products -completed opera tions
hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

2. If coverage provided to the additional i nsured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you ar e
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on be half of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the applic able
Limits of Insurance shown in the Declarations.

BPK000911101-02
Any person or organization who you
are required to add as an additional
insured on this policy under a
written agreement in effect prior to
any loss or damage, but only to the
extent required in the written
contract or written agreement,
including any amounts or limits
specified.

Any person or organization who you
are required to add as an additional
insured on this policy under a
written agreement in effect prior to
any loss or damage, but only to the
extent required in the written
contract or written agreement,
including any amounts or limits
specified.

DocuSign Envelope ID: 61BCB38A-572C-4CF8-8C72-10B8BB9D6C7C

COMMERCIAL GENERAL LIABILITY
AH CG 8608 09 17
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AH CG 8608 09 17 Includes copyrighted material of Insurance Services Office Inc., with its permission.

Copyright, Insurance Services Office, Inc. 2002 Page 1 of 2

CONTRACTORS BLANKET ADDITIONAL INSURED

ENDORSEMENT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. WHO IS AN INSURED (Section II) is amended to
include as an insured any person or organi zation
(called additional insured) whom you are required
to add as an additional insured on this policy
under a written contract or written agreement; but
the written contract or written agreement must be:

1. Currently in effect or becoming effective
during the term of this policy; and

2. Executed prior to the “bodily injury”, “property
damage” or “personal and advertising injury”.

B. The insurance provided to the additional insured
is limited as follows:

1. That person or organization is an additional
insured only with respect to liability for “bodily
injury”, “property damage” or “personal and
advertising injury” caused in whole or in part,
by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on
your behalf.
in the performance of you r operations for the
additional insured.

2. The Limits of Insurance applicable to the
additional insured are those specified in the
written contract or written agreement or in the
Declarations of this policy, whichever is less.

These Limits of Insurance are inclusive of,
and not in addition to, the Limits of Insurance
shown in the Declarations.

3. The coverage provided to the additional
insured by this endorsement and paragraph f.
of the definition of “insured contract” under
DEFINITIONS (SECTION V) do n ot apply to
“bodily injury” or “property damage” arising out
of the “products -completed operations
hazard” unless required by the written
contract or written agreement.

4. The insurance provided to the additional
insured does not apply to:
“Bodily injur y”, “property damage”, or
“personal and advertising injury” arising out of
the rendering of, or failure to render, any
professional architectural, engineering or
surveying services, including:
a. The preparing, approving, or failure to
prepare or approve maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; and
b. Supervisory, inspection, architectural or
engineering activities.

5. We have no duty to defend or indemnify an
additional insured under this endorsement:
a. For any liability due to negligence
attributable to any person or entity other
than you or those acting on your behalf in
the performance of your operations for
the additional insured.
b. For any loss which occurs prior to our
named insured commencing operations at
the location of the loss.
c. Until we receive written notice of a claim
or “suit” from the additional insured as
required in the Duties In The Event of
Occurrence, Offense Claim or Suit
Condition.

C. As respects the coverag e provided under this
endorsement, the COMMERCIAL GENERAL
LIABILITY CONDITIONS (SECTION IV) are
amended as follows:

1. The following is added to the Duties In The
Event of Occurrence, Offense, Claim or
Suit Condition:

An additional insured under this end orsement
will as soon as practicable:

Policy No. BPK000911101-02
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Includes copyrighted material of Insurance Services Office Inc., with its permission.

Copyright, Insurance Services Office, Inc. 2002

AH CG 8608 09 17

(1) Give written notice of an occurrence
or an offense to us which may result
in a claim or “suit” under this
insurance;
(2) Agree to trigger or activate any other
insurance which the additional
insured has, which i s primary, for a
loss we cover under this Coverage
Part by tendering the defense to the
insurers of all such other insurance.

2. As respects the coverage provided under this
endorsement, Paragraph 4.b. of the Other
Insurance Condition is deleted and repl aced
by the following:

4. Other Insurance
b. Excess Insurance
This insurance is excess over any
other insurance naming the additional
insured as an insured whether
primary, excess, contingent or on any
other basis unless the written contract
or agreemen t described in A. above
specifically requires that this
insurance be provided on either a
primary basis or a primary and
noncontributory basis.

DocuSign Envelope ID: 61BCB38A-572C-4CF8-8C72-10B8BB9D6C7C

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
42103 RIO NEDO STE 101 Business Type:

TEMECULA, CA 92590-3750

ADVANCED HEATING AND AIR CONDITIONING

ADVANCED INCORPORATED
42103 RIO NEDO STE 101
TEMECULA, CA 92590-3750
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

ADVANCED HEATING AND AIR CONDITIONING

STEVEN SHETTLEROE

HVAC CONTRACTOR
024397
10/1/2023 9/30/2024
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ DocuSign Envelope ID: 61BCB38A-572C-4CF8-8C72-10B8BB9D6C7C 20)
Minutes of the Regular Successor Agency Meeting of April 22, 2025 Approve the Minutes.

Page 1 of 1 ends

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:May 13, 2025
Subject:Minutes of the Regular Successor Agency Meeting of April 22, 2025 Recommendation
Approve the Minutes.

Attachments
Attachment 1 - Draft Minutes
City Clerk's Office

City of Lake Elsinore
City Council Meeting
Minutes – Draft

Brian Tisdale, Mayor
Robert E. Magee, Mayor Pro Tem
Steve Manos, Council Member
Timothy J. Sheridan, Council Member
Natasha Johnson, Council Member
Jason Simpson, City Manager
Meeting Date:

April 22, 2025

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 Meetings of the City Council and the Successor Agency were called to order at 7:00 p.m.

PLEDGE OF ALLEGIANCE

Mayor Tisdale led the Pledge of Allegiance.

ROLL CALL

Present: 4 - Council/Agency Members Sheridan and Johnson; Mayor Pro Tem/Vice Chair Magee; and Mayor/Chair Tisdale

Absent: 1 - Council/Agency Member Manos

PRESENTATIONS/CEREMONIALS

1) Business in Action Monthly Spotlight – The Bobber on the Lake

Recognize The Bobber on the Lake as the City of Lake Elsinore’s Business in Action Monthly Spotlight for April 2025.

Mayor Tisdale and Economic Development and Legislative Affairs Director Gonzalez presented the Certificate.

2) Proclamation Recognizing Municipal Clerks Week, May 4-10, 2025

Proclaim the week of May 4- 10, 2025, as Municipal Clerks Week in the City of Lake Elsinore and present the proclamation to the City Clerk’s Office in recognition of their service to the community.

Mayor Tisdale presented the Proclamation to City Clerk Alvarez, Deputy City Clerk Reyes, and Administrative Assistant Theriot.

City Council Minutes - Draft April 22, 2025

City of Lake Elsinore Page 2

3) Riverside County Sheriff's Office 2025 First Quarter Statistical Update

Lieutenant Clark presented the update.

4) Local Responsibility Area Fire Hazard Severity Zones Map Update

Receive a presentation on the changes in the Local Responsibility Area (LRA) Fire Hazard Severity Zones (FHSZ) map and how they will change for the City of Lake Elsinore.

Fire Marshal Williams presented the update.

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE

There were no speakers.

CITY COUNCIL CONSENT CALENDAR

A motion was made by Council Member Johnson, seconded by Mayor Pro Tem Magee to approve the City Council Consent Calendar. The motion carried by the following vote:

Aye: 4 Council Members Sheridan and Johnson; Mayor Pro Tem Magee; and Mayor Tisdale
Nay: 0 None

Absent: 1 Council Member Manos

5) Minutes of the Regular City Council Meeting of March 25, 2025

Approve the Minutes.

This item was approved on the City Council Consent Calendar.

6) CC Warrant Report Dated March 17, 2025 to March 23, 2025

Receive and File.

This item was approved on the City Council Consent Calendar.

7) CC Warrant Report Dated March 24, 2025 to March 30, 2025

Receive and File.

This item was approved on the City Council Consent Calendar.

8) CC Warrant Report Dated March 31, 2025 to April 06, 2025

Receive and File.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft April 22, 2025

City of Lake Elsinore Page 3

9) CC Warrant Report Dated April 07, 2025 to April 13, 2025

Receive and File.

This item was approved on the City Council Consent Calendar.

10) CC Investment Report for March 2025

Receive and file the Investment Report for March 2025.

This item was approved on the City Council Consent Calendar.

11) Purchase of three (3) BMW R1300 RT -P Authority Motorcycles from BMW Motorcycles of Riverside

1. Approve and authorize the City Manager to execute a purchase agreement for three (3) BMW R1300 RT- P Motorcycles in the total amount of $144,811.92 from BMW Motorcycles of Riverside and Long Beach with an additional 10% contingency due to market conditions; and

2. Waive the formal bidding process per Municipal Code Section 3.08.070(G) for the purchase of the three (3) BMW R1300 RT- P Motorcycles because of the service, maintenance, and warranty work agreements on all of the City’s motorcycle units between the City and BMW Motorcycles of Riverside and Long Beach.

This item was approved on the City Council Consent Calendar.

12) Appointment to the Planning Commission

Appoint Andrew Pease (District 5) to serve on the Lake Elsinore Planning Commission for a term expiring December 31, 2028.

This item was approved on the City Council Consent Calendar.

13) Services Agreement for Document Scanning Services

Approve and authorize the City Manager to execute a Professional Services Agreement or other appropriate agreement with Corodata, Inc. in an annual amount not to exceed $75,000 for document scanning, indexing, and storage/destruction services in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

14) Notice of Decision – Planning Commission Approval of Planning Application No. 2024-16 (Natural Foot Spa) – A Conditional Use Permit for a New 1,117 Square - foot Massage Establishment within Unit A of an Existing Multi -tenant Commercial Center Located at 31736 Mission Trail

Receive and file the Notice of Decision for Planning Application No. 2024-16 approved by the Planning Commission on March 18, 2025.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft April 22, 2025

City of Lake Elsinore Page 4

15) Annual Progress Report on the Lake Elsinore General Plan and Housing Element for Calendar Year 2024

Receive and File the City’s Annual General Plan and Housing Element Progress Report for Calendar Year 2024 and acknowledge submittal of the report to the Department of Housing and Community Development and the Governor's Office of Planning and Research.

This item was approved on the City Council Consent Calendar.

16) 2025 Taco Fest and Car Show Street Closures

Approve Temporary Street Closures for Taco Fest and Car Show on Saturday, May 3, 2025.

This item was approved on the City Council Consent Calendar.

17) Main Street Eats BBQ Bash Street Closure

Approve a Street Closure for the Main Street Eats BBQ Bash event on Saturday, May 17, 2025.

This item was approved on the City Council Consent Calendar.

18) SoCal Gas Advanced Meter Agreement

Approve and authorize the City Manager to execute an Advanced Meter Agreement with Southern California Gas Company to install Advanced Meter Facilities at four (4) locations on City -owned Streetlights in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

19) Agreement with David Evans and Associates, Inc., for Construction Support Services for the I-15/Main Street Interchange Landscape Project (CIP Project No.

Z10094)

Approve and authorize the City Manager to execute a Professional Service Agreement with David Evans and Associates Inc., to perform as needed professional services for Construction Support Services for the I -
15 / Main Street Interchange Landscape
Project in the amount of $25,800 in such form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $2,580.00 for unanticipated costs.

This item was approved on the City Council Consent Calendar.

20) Kassab Travel Center Haul Route

Approve a request for the haul route , including hours of operation for the Kassab Travel Center project, and authorize the Mayor and City Manager to execute the haul route construction agreement.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft April 22, 2025

City of Lake Elsinore Page 5

21) Agreement with UniFirst for Employee Uniforms, Shop Towels, and Logo Mat Services

Approve and authorize the City Manager to execute an Agreement with UniFirst for Employee Uniforms, Shop Towels, and Logo Mat Services for an amount not to exceed $25,795.64 per Fiscal Year in such final form approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $2,579.00 for unanticipated costs.

This item was approved on the City Council Consent Calendar.

22) Agreement with Shaw Integrated & Turf Solutions, Inc. for the Replacement of Flooring at the Neighborhood Center (CIP Project No. Z20005)

Approve and authorize the City Manager to execute an Agreement with Shaw Integrated & Turf Solutions, Inc., for an amount not to exceed $53,190.81 in such final form approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $5,319.00 for unanticipated costs.

This item was approved on the City Council Consent Calendar.

23) Agreement with Morton Pest Control for On-Call Services

Approve and authorize the City Manager to execute an Agreement for On- Call Services with Morton Pest Control for $80,000 in such final form approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $8,000 for unanticipated costs.

This item was approved on the City Council Consent Calendar.

SUCCESSOR AGENCY CONSENT CALENDAR

A motion was made by Agency Member Johnson, seconded by Agency Member Sheridan to approve the Successor Agency Consent Calendar. The motion Carried by the following vote:

Aye: 4 Agency Members Sheridan and Johnson; Vice Chair Magee; and Chair Tisdale Nay: 0 None

Absent: 1 Agency Member Manos

24) Minutes of the Regular Successor Agency Meeting of March 25, 2025

Approve the Minutes.

This item was approved on the Successor Agency Consent Calendar.

25) SA Warrant Report Dated March 17, 2025 to March 23, 2025

Receive and File.

This item was approved on the Successor Agency Consent Calendar.

City Council Minutes - Draft April 22, 2025

City of Lake Elsinore Page 6

26) SA Warrant Report Dated March 24, 2025 to March 30, 2025

Receive and File.

This item was approved on the Successor Agency Consent Calendar.

27) SA Warrant Report Dated March 31, 2025 to April 06, 2025

Receive and File.

This item was approved on the Successor Agency Consent Calendar.

28) SA Warrant Report Dated April 07, 2025 to April 13, 2025

Receive and File.

This item was approved on the Successor Agency Consent Calendar.

29) SA Investment Report for March 2025

Receive and file the Investment Report for March 2025.

This item was approved on the Successor Agency Consent Calendar.

BUSINESS ITEM

30) Proposed Resolution and Discussion of Other Actions Opposing the State of California Interfering with the City’s Land Use Authority

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

ELSINORE, CALIFORNIA, OPPOSING THE STATE OF CALIFORNIA
INTERFERING WITH THE CITY’S LAND USE AUTHORITY; and

2. Discuss and consider providing staff with additional direction on actions intended to address the State’s interference with the City’s land use authority.

Economic Development and Legislative Affairs Director Gonzalez presented the staff report.

There were no speakers.

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

Aye: 4 Council Members Sheridan and Johnson; Mayor Pro Tem Magee; and Mayor Tisdale
Nay: 0 None

Absent: 1 Council Member Manos

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - THREE MINUTES

John Greer was called to speak.

City Council Minutes - Draft April 22, 2025

City of Lake Elsinore Page 7

CITY ATTORNEY COMMENTS

Assistant City Attorney Mann had no comments.

CITY MANAGER'S COMMENTS

City Manager Simpson had no comments.

CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED

Council Member Sheridan advised that he will attend the Riverside Transit Agency Board of Directors meeting on April 24, 2025 and Southwest Transportation Now Chapter meeting on April 23, 2025; shared information regarding street sweeping; shared a video from a neighbor in Tuscany Hills/Canyon Hills; invited residents of Canyon Hills to attend a Town Hall Fire Safety Discussion meeting on Thursday, May 8, 2025 from 6:30 – 7:30 p.m. in the Canyon Hills Clubhouse; and invited the community to attend a Voter Resource Event that will be held on Monday, April 28, 2025 and Friday, May 9, 2025 from 9:00 a.m. – 1:00 p.m. at City Hall.

Council Member Johnson reported on her attendance at the Western Riverside County Regional Conservation Authority meeting on April 7, 2025; shared updates from the Homeless Task Force; congratulated Students of the Month; and invited the community to attend the Taco Fest and Car Show on Saturday, May 3, 2025 from 5:00 – 9:00 p.m. on Downtown Main Street.

Mayor Pro Tem Magee spoke on the appointment of Andrew Pease to the City’s Planning Commission; announced the Twenty25 Pet Walk being held on Saturday, May 10, 2025 from 9:00 – 11:00 a.m. at the Lake Elsinore Levee; and invited the community to participate in the 12th Annual Lake Elsinore Dream Extreme Fishing Derby on Saturday, May 17, 2025 at Launch Pointe and challenged participants to the Councilman’s Catfish Challenge.

Mayor Tisdale shared that the City received a Gold ADDY Award from the American Advertising Federation (AAF) for its newly launched Economic Development website; reported on his attendance at the Western Riverside Council of Governments Executive Committee meeting on April 7, 2025 and the Northwest Mosquito & Vector Control District Board meeting on April 17, 2025; shared areas of concern for mosquito trap counts; shared the street sweeping schedule; and announced that the City will hold a Highway Dedication Ceremony in honor of Deputy Darnell Calhoun on Wednesday, April 23, 2025.

Mayor Pro Tem Magee adjourned the meeting in memory of Rod Oshita, Ed Fitzpatrick, and Pete Dawson.

ADJOURNMENT

The Lake Elsinore City Council adjourned at 8:18 p.m. to the next Regular meeting of Tuesday, May 13, 2025 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.

21)
SA Warrant Report Dated April 14, 2025 to April 20, 2025 Receive and File.

Page 1 of 1 ends

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:May 13, 2025
Subject:SA Warrant Report Dated April 14, 2025 to April 20, 2025 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
APR 14, 2025 TO APR 20, 2025 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III 550.00 $
540 SARDA DIAMOND STADIUM 33,764.87
GRAND TOTAL 34,314.87 $
Attachment 1 1 OF 1
APR 14, 2025 TO APR 20, 2025 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
8963 AK SECURITY ALARM LLC 270.00 $
8986 KPA SERVICES, LLC 550.00
APA25001990 GOLDEN STATE CONCESSIONS & CATERING 14,430.69 APA25002014 TRI STATE MATERIALS INC 19,064.18
GRAND TOTAL 34,314.87 $
Attachment 2 1 OF 1
23)
Change Order No. 1 to the Public Works Construction Agreement with West Coast Turf for the Stadium Facility Project (CIP Project No. RDA Z20003) Approve and authorize the City Manager to execute Change Order No. 1 in the amount of $13,121.36 to the agreement with West Coast Turf for the Stadium Facility Project (CIP Project No. RDA Z20003).

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Shannon Buckley, Assistant City Manager
Date:May 13, 2025
Subject:Change Order No. 1 to the Public Works Construction Agreement with West Coast Turf for the Stadium Facility Project (CIP Project No. RDA Z20003)
Recommendation
Approve and authorize the City Manager to execute Change Order No. 1 in the amount of $13,121.36 to the agreement with West Coast Turf for the Stadium Facility Project (CIP Project No. RDA Z20003).

Background
Under the Stadium Operations Contracts and Interim Management Agreement, the Successor Agency is responsible for capital repairs. The Successor Agency is performing a required facility capital project at Diamond Stadium. The project is needed to satisfy major league baseball facility requirements and facility capital repair inadequacies. This project included the baseball field sod replacement of over 92,000 square feet of new grass sod.

Stadium Facility Project, CIP, Project No. RDA Z20003

Page 2 of 2 ends

Discussion
During recent Major League Baseball facility evaluation visits, it was learned that the playing field surface was sloping towards the outfield at a greater percentage than allowable by Major League Baseball standards. This condition has gradually worsened in the past several years. Staff has closely monitored this situation in anticipation of eventually performing a complete playing field removal and resod project to bring the field back within acceptable tolerances. The scope of work for this project will include the purchase and installation of 92,000 square feet of T31-Bermuda Grass (TAHOMA 31 Large rolls). The characteristics of this grass meet and exceed Major League Baseball standards and are an excellent match for our Lake Elsinore climate. With the additional characteristics of improved wear tolerance, early spring green-up, shade tolerance, and drought resistance, Tahoma 31 Bermuda grass is ideal for a baseball sports turf in the transitional warm- season climates.

During the installation of the playing field turf, it was identified that the contractor did not include the required prevailing wage amounts and cost for surety bonds in the proposal. The contractor has provided certified payroll documentation from the Department of Industrial Relations and surety bonds with an additional cost of $13,121.36. Also included in this change order are additional field preparations and installation challenges requiring additional time to install the turf.

Fiscal Impact
The Diamond Stadium playing field project is included in the Fiscal Year 24/25 – 28/29 Capital Improvement Plan (CIP) budget. The contract amount herein is fully funded with ROP funding.

Real Property Tax Trust Funds (RPTTF) are allocated to the Agency through the ROPS.

Attachments
Attachment 1 - Change Order No. 1
Attachment 2 – Original Agreement
Public Works

CITY OF LAKE ELSINORE
130 S. MAIN STREET
LAKE ELSINORE, CA 92530
(951) 674-3124
PROJECT CHANGE ORDER CHANGE ORDER # 1
DATE: April 22, 2025
THIS CHANGE ORDER IS APPLICABLE TO:

CITY PROJECT # RDA Z20003 CONTRACT AWARDED TO:

PROJECT TITLE: Stadium Field Rehab West Coast Turf
DATE AWARDED: November 12, 2024
Authorized by: Jason Simpson TOTAL AMOUNT OF CONTRACT
Executive Director PRIOR TO THIS CHANGE ORDER
$101,200.00
CONTRACTOR IS AUTHORIZED TO MAKE THE FOLLOWING CHANGES:

QUANTITIES INCREASED

ITEM QUANTITY UNIT UNIT PRICE EXTENSION
Prevailing Wages & Surety Bonds
Additional Field Preperation 1.00 1.00 $13,121.36 $13,121.36

ITEM QUANTITY UNIT PRICE EXTENSION
None
TOTAL $13,121.36

THE AMOUNT OF THE CONTRACT WILL BE (INCREASED) BY THE
SUM OF $13,121.36
Change Order No. 1
Review by: Initials Date Approved by: Date
Assistant Executive Director
Contractor
Executive Director:
1 Agreement No. __________

AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
West Coast Turf
For the
Stadium Field
Replacement
CIP PROJECT NO. RDA Z20003
This Agreement for Public Works Construction (“Agreement”) is made and entered into as of November 12, 2024 by and between the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, a public body, corporate and politic established pursuant to Section 34173 of the Health and Safety Code (“Agency”) and West Coast Turf, a corporation (“Contractor”).

The Agency and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows:

1. The Project and Project Documents. Contractor agrees to construct the following public improvements (“work”) identified as:

Purchase and installation of new grass sod.(the “Project”) The Agency-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Contractor, are identified as:

Contractor’s Proposal
The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder’s Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above-listed documents are made a part of this Agreement as though fully set forth herein.

2. Compensation.
a. For and in consideration of the payments and agreements to be made and performed by Agency, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder’s Proposal, such contract price being one hundred one thousand two hundred dollars ($101,200.00).
2 b. Agency hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents.
c. Contractor agrees to receive and accept the prices set forth in the Bidder’s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

3. Completion of Work.
a. Contractor shall perform and complete all work within 30 working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project.
c. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the Agency, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the Agency within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. Agency and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the Agency and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the Agency will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of $500 per calendar day, and that the Contractor will pay to the Agency, or Agency may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 3 4. Changes to Work. Agency and Contractor agree that the Agency may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and Agency and will not be a basis for a compensable delay claim against the Agency nor be the basis for a liquidated damage claim against the Contractor.

Any change to the work shall be by way of a written instrument (“change order”) signed by the Agency and the Contractor, stating their agreement to the following:
a. The scope of the change in the work;
b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance.

The City Engineer is authorized to sign any change order provided that sufficient contingency funds are available in the Agency’s approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. Agency and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes.

5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the Agency Attorney.

6. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of Agency.

7. Licenses. Contractor represents and warrants to Agency that it holds the contractor’s license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to Agency 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.

8. Indemnity. Contractor shall indemnify, defend, and hold harmless the Agency and its officials, officers, employees, agents, the County and Board Supervisors, 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 Agency or the City of Lake Elsinore 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 4 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 Agency 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.

9. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the Agency’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 Agency at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against Agency and the City of Lake Elsinore, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for Agency. 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 Agency a Certificate of Exemption from Workers Compensation Insurance in a form approved by the Agency Attorney. ii. Commercial 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.
5 iv. Builder’s Risk Coverage. Prior to the commencement of any construction of the Project, Design-Builder shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder’s risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). v. 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 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 commercial liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. The Agency and the City of Lake Elsinore, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the Agency and the City of Lake Elsinore, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the Agency and the City of Lake Elsinore, including any self-insured retention the Agency and the City of Lake Elsinore 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 Agency and the City of Lake Elsinore, 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 Agency and the City of Lake Elsinore, 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 Agency.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Agency. At the Agency’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 Agency as evidence of the insurance coverage required herein. 6 Certificates of such insurance shall be filed with the Agency on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the Agency at all times during the term of this Agreement.

10. 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 Agency: Successor Agency of the Redevelopment Agency of the City of Lake Elsinore
Attn: Executive Director
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: West Coast Turf
Attn: Anthony Pulizzano
PO Box 4563
Palm Desert, CA 92261

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

12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and Agency and approved as to form by the Agency Attorney.

13. Assignment and Subcontracting. Contractor shall be fully responsible to Agency for all acts or omissions of any subcontractors. Assignments of any or all rights, duties for obligations of the Contractor under this Agreement will be permitted only with the express consent of the Agency. Nothing in this Agreement shall create any contractual relationship between Agency and any subcontractor nor shall it create any obligation on the part of the Agency to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

14. 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.

15. 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.

16. 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. 7 17. 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.

18. 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.

19. Authority to Enter Agreement and Administration. 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 Executive Director is authorized to enter into an amendment or otherwise take action on behalf of the Agency 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. The City Engineer shall act as the Project administrator on behalf of the Agency.

20. 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, Agency shall have the right to rescind this Agreement without liability.

For the term of this Agreement, no member, officer or employee of Agency, during the term of his or her service with Agency, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

21. 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.

22. Prevailing Wages.
a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the Agency Clerk of the City of Lake Elsinore and are available for review upon request. 8 b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced.
c. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions.

Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810.

23. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page]
9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“AGENCY”

SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY OF THE
CITY OF LAKE ELSINORE, a public
body, corporate and politic established
pursuant to Section 34173 of the Health
and Safety Code
“CONTRACTOR”
West Coast Turf, a corporation
Executive Director
ATTEST:

By: Click or tap here to enter text.

Its: Click or tap here to enter text.

Agency Clerk
APPROVED AS TO FORM:

By:Click or tap here to enter text.

Its: Click or tap here to enter text.

Agency Attorney
Assistant Executive Director

EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]
23)
Local Agency Revenue Refunding Bonds, Series 2025A

1. ADOPT

A

RESOLUTION

OF

THE

CITY

COUNCIL

OF

THE

CITY

OF

LAKE

ELSINORE,

CALIFORNIA,

ACTING

AS

THE

LEGISLATIVE

BODY

OF

CITY

OF

LAKE

ELSINORE

COMMUNITY

FACILITIES

DISTRICT

NO.

2003-2

(CANYON

HILLS),

AUTHORIZING
THE

ISSUANCE

OF

ITS

IMPROVEMENT

AREA

A

2025

SPECIAL

TAX

REFUNDING
BONDS

IN

A

PRINCIPAL

AMOUNT

NOT

TO

EXCEED

SEVEN

MILLION

FIVE

HUNDRED

THOUSAND

($7,500,000)

AND

APPROVING

CERTAIN

DOCUMENTS
AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH;

2. ADOPT

A

RESOLUTION

OF

THE

CITY

COUNCIL

OF

THE

CITY

OF

LAKE

ELSINORE,

CALIFORNIA,

ACTING

AS

THE

LEGISLATIVE

BODY

OF

CITY

OF

LAKE

ELSINORE

COMMUNITY

FACILITIES

DISTRICT

NO.

2003-2

(CANYON

HILLS),

AUTHORIZING
THE

ISSUANCE

OF

ITS

IMPROVEMENT

AREA

B

2025

SPECIAL

TAX

REFUNDING
BONDS

IN

A

PRINCIPAL

AMOUNT

NOT

TO

EXCEED

ELEVEN

MILLION

FIVE

HUNDRED

THOUSAND

($11,500,000)

AND

APPROVING

CERTAIN

DOCUMENTS
AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH;

3. ADOPT

A

RESOLUTION

OF

THE

CITY

COUNCIL

OF

THE

CITY

OF

LAKE

ELSINORE,

CALIFORNIA,

ACTING

AS

THE

LEGISLATIVE

BODY

OF

CITY

OF

LAKE

ELSINORE

COMMUNITY

FACILITIES

DISTRICT

NO.

2003-2

(CANYON

HILLS),

AUTHORIZING
THE

ISSUANCE

OF

ITS

IMPROVEMENT

AREA

C

2025

SPECIAL

TAX

REFUNDING
BONDS

IN

A

PRINCIPAL

AMOUNT

NOT

TO

EXCEED

FIVE

MILLION

FIVE

HUNDRED

THOUSAND

($5,500,000)

AND

APPROVING

CERTAIN

DOCUMENTS

AND

TAKING
CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH;

4. ADOPT

A

RESOLUTION

OF

THE

CITY

COUNCIL

OF

THE

CITY

OF

LAKE

ELSINORE,

CALIFORNIA,

ACTING

AS

THE

LEGISLATIVE

BODY

OF

CITY

OF

LAKE

ELSINORE

COMMUNITY

FACILITIES

DISTRICT

NO.

2004-3

(ROSETTA

CANYON),

AUTHORIZING

THE

ISSUANCE

OF

ITS

IMPROVEMENT

AREA

1 2025

SPECIAL

TAX

REFUNDING

BONDS

IN

A

PRINCIPAL

AMOUNT

NOT

TO

EXCEED

THIRTEEN

MILLION

($13,000,000)

AND

ITS

IMPROVEMENT

AREA

2 2025

SPECIAL

TAX

REFUNDING

BONDS

IN

A

PRINCIPAL

AMOUNT

NOT

TO

EXCEED

TWENTY-ONE

MILLION

FIVE

HUNDRED

THOUSAND

($21,500,000)

AND

APPROVING

CERTAIN

DOCUMENTS

AND

TAKING

CERTAIN

OTHER

ACTIONS

IN

CONNECTION
THEREWITH;

5. ADOPT

A

RESOLUTION

OF

THE

CITY

COUNCIL

OF

THE

CITY

OF

LAKE

ELSINORE,

CALIFORNIA,

ACTING

AS

THE

LEGISLATIVE

BODY

OF

CITY

OF

LAKE

ELSINORE

COMMUNITY

FACILITIES

DISTRICT

NO.

2005-1

(SERENITY),

AUTHORIZING

THE

ISSUANCE

OF

ITS

2025

SPECIAL

TAX

REFUNDING

BONDS

IN

A

PRINCIPAL
AMOUNT

NOT

TO

EXCEED

FIVE

MILLION

FIVE

HUNDRED

THOUSAND
($5,500,000)

AND

APPROVING

CERTAIN

DOCUMENTS

AND

TAKING

CERTAIN
OTHER ACTIONS IN CONNECTION THEREWITH;

6. ADOPT

A

RESOLUTION

OF

THE

CITY

COUNCIL

OF

THE

CITY

OF

LAKE

ELSINORE,

CALIFORNIA,

ACTING

AS

THE

LEGISLATIVE

BODY

OF

CITY

OF

LAKE

ELSINORE

COMMUNITY

FACILITIES

DISTRICT

NO.

2005-2

(ALBERHILL

RANCH),

AUTHORIZING

THE

ISSUANCE

OF

ITS

IMPROVEMENT

AREA

A

2025

SPECIAL

TAX

REFUNDING

BONDS

IN

A

PRINCIPAL

AMOUNT

NOT

TO

EXCEED

FIFTEEN

MILLION

FIVE

HUNDRED

THOUSAND

($15,500,000)

AND

APPROVING

CERTAIN

DOCUMENTS

AND

TAKING

CERTAIN

OTHER

ACTIONS

IN

CONNECTION
THEREWITH;

7. ADOPT

A

RESOLUTION

OF

THE

CITY

COUNCIL

OF

THE

CITY

OF

LAKE

ELSINORE,

CALIFORNIA,

ACTING

AS

THE

LEGISLATIVE

BODY

OF

CITY

OF

LAKE

ELSINORE

COMMUNITY

FACILITIES

DISTRICT

NO.

2005-6

(CITY

CENTER

TOWNHOMES),

AUTHORIZING

THE

ISSUANCE

OF

ITS

2025

SPECIAL

TAX

REFUNDING

BONDS

IN
A

PRINCIPAL

AMOUNT

NOT

TO

EXCEED

TWO

MILLION

FIVE

HUNDRED

THOUSAND

($2,500,000)

AND

APPROVING

CERTAIN

DOCUMENTS

AND

TAKING
CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH; and

8. ADOPT

A

RESOLUTION

OF

THE

CITY

COUNCIL

OF

THE

CITY

OF

LAKE

ELSINORE,

CALIFORNIA,

ACTING

AS

THE

LEGISLATIVE

BODY

OF

CITY

OF

LAKE

ELSINORE

COMMUNITY

FACILITIES

DISTRICT

NO.

2006-2

(VISCAYA),

AUTHORIZING

THE

ISSUANCE

OF

ITS

2025

SPECIAL

TAX

REFUNDING

BONDS

IN

A

PRINCIPAL
AMOUNT

NOT

TO

EXCEED

FOUR

MILLION

FIVE

HUNDRED

THOUSAND
($4,500,000)

AND

APPROVING

CERTAIN

DOCUMENTS

AND

TAKING

CERTAIN
OTHER ACTIONS IN CONNECTION THEREWITH.

9. ADOPT

A

RESOLUTION

OF

THE

BOARD

OF

DIRECTORS

OF

THE

LAKE

ELSINORE

FACILITIES

FINANCING

AUTHORITY,

RIVERSIDE

COUNTY,

CALIFORNIA,

AUTHORIZING

THE

ISSUANCE

OF

ITS

LOCAL

AGENCY

REVENUE

REFUNDING
BONDS

IN

AN

AGGREGATE

PRINCIPAL

AMOUNT

NOT

TO

EXCEED

EIGHTY-
SEVEN

MILLION

($87,000,000)

AND

APPROVING

CERTAIN

DOCUMENTS

AND
TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH.

10. ADOPT

A

RESOLUTION

OF

THE

BOARD

OF

DIRECTORS

OF

THE

LAKE

ELSINORE
PUBLIC

FINANCING

AUTHORITY,

RIVERSIDE

COUNTY,

CALIFORNIA,

APPROVING
THE

FORMS

OF

ESCROW

AGREEMENTS

IN

CONNECTION

WITH

THE
REFUNDING OF CERTAIN OUTSTANDING BONDS OF THE AUTHORITY.

Page 1 of 9 ends

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Jason Simpson, City Manager
Date:May 13, 2025
Subject:Local Agency Revenue Refunding Bonds, Series 2025A Recommendation

1. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON HILLS), AUTHORIZING THE ISSUANCE OF ITS IMPROVEMENT AREA A 2025 SPECIAL TAX REFUNDING BONDS IN

A PRINCIPAL AMOUNT NOT TO EXCEED SEVEN MILLION FIVE HUNDRED THOUSAND ($7,500,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH;

2. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON HILLS), AUTHORIZING THE ISSUANCE OF ITS IMPROVEMENT AREA B 2025 SPECIAL TAX REFUNDING BONDS IN

A PRINCIPAL AMOUNT NOT TO EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND ($11,500,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH;

3. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON HILLS), AUTHORIZING THE ISSUANCE OF ITS IMPROVEMENT AREA C 2025 SPECIAL TAX REFUNDING BONDS IN

A PRINCIPAL AMOUNT NOT TO EXCEED FIVE MILLION FIVE HUNDRED THOUSAND ($5,500,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH;
Local Agency Revenue Refunding Bonds, Series 2025A

Page 2 of 9 ends

4. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-3 (ROSETTA CANYON), AUTHORIZING THE ISSUANCE OF ITS IMPROVEMENT AREA 1 2025 SPECIAL TAX REFUNDING BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED THIRTEEN MILLION ($13,000,000) AND ITS IMPROVEMENT AREA 2 2025 SPECIAL TAX REFUNDING BONDS IN A

PRINCIPAL AMOUNT NOT TO EXCEED TWENTY-ONE MILLION FIVE HUNDRED THOUSAND ($21,500,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH;

5. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-1 (SERENITY), AUTHORIZING THE ISSUANCE OF ITS 2025 SPECIAL TAX REFUNDING BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED FIVE MILLION FIVE HUNDRED THOUSAND ($5,500,000) AND

APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH;

6. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ALBERHILL RANCH), AUTHORIZING THE ISSUANCE OF ITS IMPROVEMENT AREA A 2025 SPECIAL TAX REFUNDING

BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED FIFTEEN MILLION FIVE HUNDRED THOUSAND ($15,500,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH;

7. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-6 (CITY CENTER TOWNHOMES), AUTHORIZING THE ISSUANCE OF ITS 2025 SPECIAL TAX REFUNDING BONDS IN A

PRINCIPAL AMOUNT NOT TO EXCEED TWO MILLION FIVE HUNDRED THOUSAND ($2,500,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH; and

8. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-2 (VISCAYA), AUTHORIZING THE ISSUANCE OF ITS 2025 SPECIAL TAX REFUNDING BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED FOUR MILLION FIVE HUNDRED THOUSAND ($4,500,000) AND

APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH.

Local Agency Revenue Refunding Bonds, Series 2025A

Page 3 of 9 ends

9. ADOPT A RESOLUTION OF THE BOARD OF DIRECTORS OF THE LAKE ELSINORE

FACILITIES FINANCING AUTHORITY, RIVERSIDE COUNTY, CALIFORNIA,

AUTHORIZING THE ISSUANCE OF ITS LOCAL AGENCY REVENUE REFUNDING BONDS

IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED EIGHTY-SEVEN MILLION ($87,000,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH.

10. ADOPT A RESOLUTION OF THE BOARD OF DIRECTORS OF THE LAKE ELSINORE

PUBLIC FINANCING AUTHORITY, RIVERSIDE COUNTY, CALIFORNIA, APPROVING THE

FORMS OF ESCROW AGREEMENTS IN CONNECTION WITH THE REFUNDING OF CERTAIN OUTSTANDING BONDS OF THE AUTHORITY.

Background
Over the years, staff have been proactive in monitoring outstanding land-secured debt (community facilities districts) for refinancing candidates. In fact, since 2015, staff and City Council have identified and taken advantage of several refinancing opportunities, leading to savings (reduction in special taxes) or money for eligible projects directly benefiting property owners.

There is currently an opportunity to refinance outstanding bonds associated with the following community facilities districts or improvement areas within such districts, as applicable (referred to herein as “taxing jurisdictions”):
•Community Facilities District (“CFD”) 2003-2 Improvement Areas A and C (Canyon Hills): In July 2014, the Lake Elsinore Public Financing Authority (“PFA”) issued the Local Agency Revenue Bonds (Canyon Hills Improvement Areas A and C Refunding), 2014 Series B (“2014B Bonds”) in the par amount of $18,210,000 to refund outstanding bonds of Improvement Areas A and C of CFD 2003-2, which is located in the neighborhood Canyon Hills. Currently, there is $6,850,000 of par outstanding related to Improvement Area A and $6,290,000 of par outstanding related to Improvement Area C. The 2014B Bonds related to Improvement Area A were structured with a final term of 2034 and a final interest rate of 5.000%. The 2014B Bonds related to Improvement Area C were structured with a final term of 2040 and a final interest rate of 5.000%. The 2014B Bonds are callable on any date.
•CFD 2003-2 (Canyon Hills) Improvement Area B: In March 2015, the PFA issued the Local Agency Revenue Refunding Bonds, Series 2015 (“2015 Bonds”) to acquire outstanding bonds associated with various CFDs formed by the City. As one such CFD, CFD 2003-2 Improvement Area B (“CFD 2003-2 IA-B”) issued bonds in the par amount of $25,795,000 to refund outstanding bonds and finance improvements. CFD 2003-2 IA-C is located in the neighborhood of Canyon Hills. Currently, there is $13,340,000 of par outstanding related to CFD 2003-2 IA-B. The 2015 Bonds related to CFD 2003-2 IA-B were structured with a final term of 2040 and a final interest rate of 5.000%. The call date of the 2015 Bonds is September 1, 2025.

Local Agency Revenue Refunding Bonds, Series 2025A

Page 4 of 9 ends

•CFD 2004-3 (Rosetta Canyon) Improvement Area 1: In March 2015, the PFA issued the 2015 Bonds to acquire outstanding bonds associated with various CFDs formed by the City. As one such CFD, CFD 2004-3 Improvement Area 1 (“CFD 2004-3 IA-1”) issued bonds in the par amount of $21,005,000 to refund outstanding bonds and finance improvements. CFD 2004-3 IA-1 is located in the neighborhood Rosetta Canyon.

Currently, there is $15,340,000 of par outstanding related to CFD 2004-3 IA-1. The 2015 Bonds related to CFD 2004-3 IA-1 were structured with a final term of 2035 and a final interest rate of 5.000%. The call date of the 2015 Bonds is September 1, 2025. •CFD 2004-3 (Rosetta Canyon) Improvement Area 2: In March 2015, the PFA issued the 2015 Bonds to acquire outstanding bonds associated with various CFDs formed by the City. As one such CFD, CFD 2004-3 Improvement Area 2 (“CFD 2004-3 IA-2”) issued bonds in the par amount of $23,115,000 to refund outstanding bonds and finance improvements. CFD 2004-3 IA-2 is located in the neighborhood Rosetta Canyon.

Currently, there is $18,870,000 of par outstanding related to CFD 2004-3 IA-1. The 2015 Bonds related to CFD 2004-3 IA-2 were structured with a final term of 2039 and a final interest rate of 5.000%. The call date of the 2015 Bonds is September 1, 2025. •CFD 2005-1 (Serenity): In March 2015, the PFA issued the 2015 Bonds to acquire outstanding bonds associated with various CFDs formed by the City. As one such CFD, CFD 2005-1 (“CFD 2005-1”) issued bonds in the par amount of $8,165,000 to refund outstanding bonds and finance improvements. CFD 2005-1 is located in the neighborhood of Serenity. Currently, there is $5,505,000 of par outstanding related to CFD 2005-1. The 2015 Bonds related to CFD 2005-1 were structured with a final term of 2036 and a final interest rate of 5.000%. The call date of the 2015 Bonds is September 1, 2025. • CFD 2005-2 (Alberhill Ranch) Improvement Area A: In March 2015, the PFA issued the 2015 Bonds to acquire outstanding bonds associated with various CFDs formed by the City. As one such CFD, CFD 2005-2 (“CFD 2005-2 IA-A”) issued bonds in the par amount of $21,095,000 to refund outstanding bonds and finance improvements. CFD 2005-2 IA-A is located in the Alberhill Ranch neighborhood. Currently, there is $10,470,000 of par outstanding related to CFD 2005-2 IA-A. The 2015 Bonds related to CFD 2005-2 IA-A were structured with a final term of 2036 and a final interest rate of

5.000%. The call date of the 2015 Bonds is September 1, 2025. Additionally, in December 2019, the PFA issued the Local Agency Revenue Refunding Bonds, Series 2019 (“2019 Bonds”). Currently, there is $5,660,000 of par outstanding of the 2019 Bonds. The 2019 Bonds were structured with a final term of 2036 and a final interest rate of 5.000%. The call date of the 2019 Bonds is also September 1, 2025.
•CFD 2005-6 (City Center Townhomes): In March 2015, the PFA issued the 2015 Bonds to acquire outstanding bonds associated with various CFDs formed by the City. As one such CFD, CFD 2005-6 (“CFD 2005-6”) issued bonds in the par amount of $2,815,000 to refund outstanding bonds. CFD 2005-6 is located in the neighborhood City Center Townhomes. Currently, there is $2,155,000 of par outstanding related to CFD 2005-1. The 2015 Bonds related to CFD 2005-1 were structured with a final term of 2036 and a final interest rate of 5.000%. The call date of the 2015 Bonds is September 1, 2025.

Local Agency Revenue Refunding Bonds, Series 2025A

Page 5 of 9 ends

•CFD 2006-2 (Viscaya): In March 2015, the PFA issued the 2015 Bonds to acquire outstanding bonds associated with various CFDs formed by the City. As one such CFD, CFD 2006-2 (“CFD 2006-2”) issued bonds in the par amount of $5,825,000 to refund outstanding bonds. CFD 2005-6 is located in the neighborhood City Center Townhomes.

Currently, there is $4,510,000 of par outstanding related to CFD 2006-2. The 2015 Bonds related to CFD 2006-2 were structured with a final term of 2036 and a final interest rate of

5.000%. The call date of the 2015 Bonds is September 1, 2025.

A summary of the outstanding bonds is provided below:

If all resolutions are approved this evening, staff will continue to work with the financing team on finalizing all legal documents and the preliminary official statement. The goal is to price the refunding bonds sometime in late May or early June, assuming market conditions remain favorable.

Discussion
Given the opportunity to strengthen the underlying credit of the bonds referenced above and achieve economies of scale, the refunding contemplates an issuance through the Lake Elsinore Facilities Financing Authority (“FFA”), whereby the FFA acquires each CFD or improvement area refunding bond issue (“Local Obligation”). The debt service to be paid by each CFD or improvement area to the FFA on its Local Obligation will be used to pay debt service on the 2025 Bonds (as defined below) to be issued by the FFA. Based on current market conditions, the FFA Local Agency Revenue Refunding Bonds, Series 2025 (“2025 Bonds”) would be issued in a par amount of approximately $79.4 million with a final maturity in 2040. Each local obligation will maintain the same final maturity for each of the CFDs and improvement areas under consideration. In other words, there will be no extension of the original bond term of the Local Obligations. Final interest rates will be determined if and when the 2025 Bonds are priced.

Summary of the Outstanding BondsIssueCFD/IAParcelsNeighborhoodPar ValueOutstandingFinal TermFinal RateOptional Call2014BBonds2003-2 IA-A599Canyon Hills$6,850,00020345.000%Any Date2015Bonds2003-2 IA-B806Canyon Hills13,340,00020405.000%Sept 1, 20252014BBonds2003-2 IA-C440Canyon Hills6,290,00020405.000%Any Date2015Bonds2004-3 IA-1509Rosetta Canyon15,340,00020355.000%Sept 1, 20252015Bonds2004-3 IA-2562Rosetta Canyon18,870,00020395.000%Sept 1, 20252015Bonds2005-1233Serenity5,505,00020365.000%Sept 1, 20252015Bonds2005-2 IA-A441Alberhill Ranch10,470,00020365.000%Sept 1, 20252019 Bonds 5,660,00020362.730%Sept 1, 20252015 Bonds2005-6144City Center2,155,00020365.000%Sept 1, 20252015 Bonds2006-2168Viscaya4,510,00020365.000%Sept 1, 2025TOTALS 3,902 $88,990,000 Local Agency Revenue Refunding Bonds, Series 2025A

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While the outstanding bonds are not currently rated, the 2025 Bonds are expected to qualify for an investment-grade rating and bond insurance, which would lead to a lower cost of borrowing.

Furthermore, the 2025 Bonds may also qualify for a reserve fund surety policy. With a reserve fund surety policy, the 2025 Bonds would not need to cash fund a debt service reserve (or a portion thereof) as part of the issuance. This would enable the City to downsize the 2025 Bonds.

The savings generated for each CFD or improvement area will be used to reduce special taxes paid by existing property owners and/or complete eligible projects originally approved to be funded from the CFD or improvement area. The table below outlines the estimated savings for each taxing jurisdiction (i.e., tax reduction or applied toward eligible projects). These figures are based on interest rates as of May 1, 2025. Estimated savings and funds to complete projects are net of all financing costs (including the cost of procuring bond insurance and a reserve fund surety policy).

Local Agency Revenue Refunding Bonds, Series 2025A

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As required under Section 5852.1 of the California Government Code, good faith estimates have been provided to the City by Urban Futures, Inc., the Municipal Advisor, in consultation with Stifel, Nicolaus & Company, Incorporated, as underwriter of the 2025 Bonds, as Attachment A.

Documents to be Approved
There is a resolution for each of the CFDs or improvement areas presented for consideration by the City Council, acting as the legislative body of such community facilities districts, to approve its documents with respect to the proposed refundings.

City Council members are the Board of Directors of the FFA. Approval by the Board of Directors of the Lake Elsinore FFA of its resolution presented at this meeting approves its documents with respect to the proposed 2025 Bonds.

Finally, since the bonds to be refunded were issued by the PFA, the PFA will need to be a party to the escrow agreements in connection with the refundings. City Council members are the Board of Directors of the PFA. Approval by the Board of Directors of the PFA of its resolutions presented at this meeting authorizes the PFA to execute and deliver the escrow agreements.

The documents for consideration by the City Council and the Boards of Directors of the Lake Elsinore Facilities Financing Authority and the PFA are described below. Approval of the Resolutions approves the preparation, form, and/or authorizes the execution and delivery of the following documents:

Summary of Financing Statistics
Neighborhood
Par
Outstanding
Total
Savings
% Reduction
of Levy
Avg Savings
Per Parcel
Funds for
Eligible Projects
Canyon Hills $6,850,000 $956,302 9.5% $177 $1,815,210
Canyon Hills 13,340,000 4,309,226 12.0% 356 0
Canyon Hills 6,290,000 3,071,298 19.0% 465 0
Rosetta Canyon 15,340,000 3,463,089 17.3% 680 0
Rosetta Canyon 18,870,000 1,527,919 4.8% 194 5,574,440
Serenity 5,505,000 669,023 8.8% 261 576,087
Alberhill Ranch 16,130,000 1,061,094 5.0% 219 1,731,933 City Center 2,155,000 275,604 8.0% 174 0
Viscaya 4,510,000 1,065,461 15.3% 577 0
$88,990,000 $16,399,016 $9,697,669
Based on market conditions as of May 1, 2025. Preliminary and subject to change based on market conditions at the time of pricing.

Local Agency Revenue Refunding Bonds, Series 2025A

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•Preliminary Official Statement: The POS is the ‘offering document,’ providing a description of the underlying taxing jurisdictions, the 2025 Bonds, and all other information that would be material to a prospective investor’s decision on whether to purchase the 2025 Bonds. While the City’s counsel, consultants, and underwriter have participated in preparing the POS, City Council and staff are ultimately responsible for ensuring that the POS is accurate, contains no misleading information and does not omit any information necessary to make the POS not misleading to investors.
•Authority Indenture of Trust (FFA): The Indenture is a contract entered into between the City and Wilmington Trust, National Association, as Trustee for the benefit of the owners of the 2025 Bonds. This document contains terms of the 2025 Bonds including, but not limited to, the payment and redemption provisions, the pledge of revenues to pay the 2025 Bonds, rights and duties of the Trustee, remedies upon a default in the payment of the 2025 Bonds, and other related matters.
•Bond Indentures and Second and Fourth Fiscal Agent Supplements (Local Obligations): These documents contain the terms of the refunding bonds in connection with the underlying taxing jurisdictions, including payment and redemption provisions, definition and pledge of revenues to pay the underlying obligations, Rights and Duties of the Trustee, remedies upon a default in the payment of the underlying obligations, and final discharge of the underlying obligations and other related matters. •Bond Purchase Agreement (FFA): Pursuant to the Bond Purchase Agreement, the City agrees to sell the 2025 Bonds to the underwriter and the underwriter agrees to purchase the 2025 Bonds, subject to typical closing conditions. City staff, its municipal advisor, and bond counsel will sign off on the final pricing prior to the execution of the Bond Purchase Agreement.
•Local Obligations Bond Purchase Agreement: An agreement between the FFA and each CFD pursuant to which the FFA will agree to purchase the local obligations. •Continuing Disclosure Agreement: Executed for the benefit of bondholders, this agreement obligates the FFA to file an annual report each Fiscal Year that includes, among other things, the city's most recent audited financial statements and financial data relating to the underlying tax jurisdictions. The FFA is also required to report certain events to bondholders if and when they occur.
•Escrow Agreements: These documents contain terms by which the Wilmington Trust, National Association, as escrow agent, will hold bond proceeds on behalf of the owners of the outstanding bonds to pay and discharge the outstanding bonds on the redemption dates.

Bond Counsel, the City Attorney, and the rest of the financing team have reviewed the attached documents on behalf of the City. As previously mentioned, if the Resolutions are approved, City staff will continue to work with the appointed financing team to finalize all of the documents. The pricing date, assuming interest rates remain favorable, would be targeted for late May or early June.

Local Agency Revenue Refunding Bonds, Series 2025A

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Fiscal Impact
Except for a rating cost from S&P (which can be reimbursed from bond proceeds), there is no impact to the City’s General Fund. If, and when, the 2025 Bonds price, the property owners are estimated to save approximately anywhere from $174 to $680 per parcel annually through 2040, depending on the underlying taxing jurisdiction. Additionally, the refinancing will generate approximately $9.7 million for unfinished projects that were originally approved to be funded from the CFD or improvement area. The savings and additional capital quoted above are net of all financing costs (including the cost of purchasing bond insurance and a reserve fund surety policy).

All figures are preliminary and subject to prevailing market conditions at the time of sale.

Attachments
Attachment 1 - Good Faith Estimates
Attachment 2 - Resolution Approving Issuance of CFD 2003-2 (Canyon Hills) IA-A Bonds Attachment 3 - Resolution Approving Issuance of CFD 2003-2 (Canyon Hills) IA-B Bonds Attachment 4 - Resolution Approving Issuance of CFD 2003-2 (Canyon Hills) IA-C Bonds Attachment 5 - Resolution Approving Issuance of CFD 2004-3 (Rosetta Canyon) IA-1 Bonds and IA-2 Bonds
Attachment 6 - Resolution Approving Issuance of CFD 2005-1 (Serenity) Bonds Attachment 7 - Resolution Approving Issuance of CFD 2005-2 (Alberhill Ranch) IA-A Bonds Attachment 8 - Resolution Approving Issuance of CFD 2005-6 (City Center Townhomes) Bonds Attachment 9 - Resolution Approving Issuance of CFD 2006-2 (Viscaya) Bonds Attachment 10 - FFA Resolution Approving Issuance Local Agency Revenue Refunding Bonds, Series 2025A
Attachment 11 - PFA Resolution Approving Forms of Escrow Agreements Attachment 12 - Preliminary Official Statement
Attachment 13 - Authority Indenture of Trust
Attachment 14 - Second Supplement to Fiscal Agent Agreement CFD 2003-2 (Canyon Hills) IA- B Bonds
Attachment 15 - Fourth Supplement to Fiscal Agent Agreement CFD 2003-2 (Canyon Hills) IA-C Bonds
Attachment 16 - Form of Local Obligation Bond Indenture Attachment 17 - Bond Purchase Agreement
Attachment 18 - Local Obligations Bond Purchase Agreement Attachment 19 - Escrow Agreement for PFA Series 2015 Bonds Attachment 20 - Escrow Agreement for PFA Series 2014B Bonds Attachment 21 - Escrow Agreement for PFA 2019 Bonds
City Manager’s Office

GOOD FAITH ESTIMATES
The good faith estimates set forth herein are provided with respect to the Bonds in accordance with California Government Code Section 5852.1. Such good faith estimates have been provided to the City by Urban Futures, Inc., the City’s Municipal Advisor (the “Municipal Advisor”) in consultation with Stifel, Nicolaus & Company, Incorporated, the Underwriter for the Bonds.

CFD 2003-2-A CFD 2003-2-B CFD 2003-2-C CFD 2004-3-1 CFD 2004-3-2 Canyon Hills Canyon Hills Canyon Hills Rosetta Canyon Rosetta Canyon Par Amount $ 6,680,000 $ 10,870,000 $ 4,600,000 $ 12,020,000 $ 20,690,000 True Interest Cost 3.69% 4.03% 4.08% 3.73% 4.00%
Finance Charge $ 164,406 $ 264,864 $ 112,412 $ 296,223 $ 507,547 Amount of Proceeds Received $ 6,836,889 $ 11,198,266 $ 4,734,858 $ 12,353,531 $ 21,320,435 Total Payment Amount $ 8,611,894 $ 15,909,106 $ 6,862,722 $ 15,878,911 $ 30,070,628 CFD 2005-1 CFD 2005-2-A CFD 2005-6 CFD 2006-2
Authority
Bonds
Par Amount $ 4,815,000 $ 14,450,000 $ 1,715,000 $ 3,600,000 $ 79,440,000 True Interest Cost 3.78% 3.79% 3.79% 3.79% 3.90%
Finance Charge $ 118,548 $ 360,189 $ 44,328 $ 91,064 $ 1,959,581 Amount of Proceeds Received $ 4,949,156 $ 14,884,336 $ 1,764,111 $ 3,706,721 $ 81,748,303 Total Payment Amount $ 6,451,100 $ 19,593,361 $ 2,317,211 $ 4,880,250 $ 110,575,183 RESOLUTION NO. 2025-

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

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON

HILLS), AUTHORIZING THE ISSUANCE OF ITS IMPROVEMENT AREA A 2025 SPECIAL TAX REFUNDING BONDS IN A PRINCIPAL AMOUNT NOT TO

EXCEED SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS
($7,500,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING

CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH
Whereas, the City Council of the City of Lake Elsinore (the “City”), located in Riverside County, California (hereinafter sometimes referred to as the “legislative body of the District”), has heretofore undertaken proceedings to form City of Lake Elsinore Community Facilities District No. 2003-2 (Canyon Hills) (the “District”) pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”); and Whereas, the District is authorized to finance certain public facilities and other governmental facilities that are necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within the District, which facilities may be physically located outside the boundaries of the District (the “Facilities”); and Whereas, the District has previously issued its $10,895,000 Special Tax Bonds, 2014 Series (Improvement Area A) (the “Prior Bonds”) to refinance certain public improvements; and Whereas, the legislative body of the District now desires to refund the Prior Bonds and finance additional Facilities through the issuance of bonds in an aggregate principal amount not to exceed $7,500,000 designated as the “City of Lake Elsinore Community Facilities District No. 2003-3 (Canyon Hills) Improvement Area No. A 2025 Special Tax Refunding Bonds” (the “2025 Bonds”); and
Whereas, in order to effect the issuance of the 2025 Bonds, the legislative body of the District desires to enter into a Bond Indenture for the Improvement Area No. A Bonds (the “Local Obligation Bond Indenture”), with Wilmington Trust, National Association, as Trustee, in substantially the form presented herewith; and
Whereas, the legislative body of the District has determined in accordance with Section 53360.4 of the Code that a negotiated sale of the 2025 Bonds to the Lake Elsinore Facilities Financing Authority (the “Authority”) in accordance with the terms of the Local Obligations Purchase Agreement to be entered into by and among the Authority, the District and certain other community facilities districts of the City participating in the financing (the “Bond Purchase Agreement”) approved as to form by this legislative body herein will result in a lower overall cost to the District than a public sale; and
Whereas, the legislative body of the District has duly noticed and held a public hearing and hereby determines that it is prudent in the management of its fiscal affairs to issue the 2025 Bonds and that the issuance of the 2025 Bonds will result in significant public benefits of the type described in Government Code Section 6586; and
Whereas, the Authority will issue its bonds (the “Authority Bonds”) to provide funds for its purchase of the 2025 Bonds;
CC Reso. No. 2025-

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NOW, THEREFORE, THE CITY COUNCIL, ACTING AS THE LEGISLATIVE BODY OF THE DISTRICT, DOES HEREBY RESOLVE, ORDER, AND DETERMINE AS FOLLOWS:

Section 1.Each of the above recitals is true and correct.

Section 2.The legislative body of the District is authorized pursuant to the Act to issue the 2025 Bonds for the benefit of the District for purposes set forth herein and to take the necessary steps to refund and redeem the Prior Bonds and to finance the Facilities.

Section 3.The issuance of the 2025 Bonds in an aggregate principal amount not to exceed $7,500,000 is hereby authorized, with the exact principal amount to be determined by the official signing the Bond Purchase Agreement in accordance with Section 6 below. The legislative body of the District hereby determines that it is prudent in the management of its fiscal affairs to issue the 2025 Bonds. The 2025 Bonds shall mature on the dates and pay interest at the rates set forth in the Bond Purchase Agreement to be executed on behalf of the District in accordance with Section 6 hereof. The 2025 Bonds shall be governed by the terms and conditions of the Local Obligation Bond Indenture presented at this meeting. The Local Obligation Bond Indenture shall be prepared by Bond Counsel to the District and executed by one or more of the Mayor, the City Manager, the Assistant City Manager, and their written designees (collectively, the “Authorized Officers”) substantially in the form presented at this meeting, with such additions thereto and changes therein as the officer or officers executing the same deem necessary to cure any ambiguity or defect therein, to insert the offering price(s), interest rate(s), selling compensation, principal amount per maturity, redemption dates and prices and such other related terms and provisions as limited by Section 6 hereof, to conform any provisions therein to the Bond Purchase Agreement and the Official Statement for the Authority Bonds. Approval of such changes shall be conclusively evidenced by the execution and delivery of the Local Obligation Bond Indenture by one or more Authorized Officers.

Capitalized terms used in this Resolution that are not defined herein have the meanings ascribed to them in the Local Obligation Bond Indenture.

In satisfaction of the requirements contained in Section 53363.2 of the Act, the legislative body of the District hereby determines that with respect to the portion of the 2025 Bonds allocated to refund the Prior Bonds (the “Refunding Bonds”): (1) it is anticipated that the purchase of the Refunding Bonds will occur on or about May 29, 2025, (2) the Refunding Bonds shall bear the date, be in the denominations, have the maturity dates (which do not exceed the latest maturity date of the Prior Bonds being refunded), and be payable at the place and be in the form specified in the Local Obligation Bond Indenture, (3) the Refunding Bonds will bear interest at the minimum rate of 0.10% per annum, and (4) the designated cost of issuing the Refunding Bonds, as defined by Section 53363.8 of the Act, shall include all of the costs specified in Section 53363.8(a), (b)(2) and (c).

In satisfaction of the requirements contained in Section 53364.2 of the Act, the legislative body of the District hereby determines that any savings achieved through the issuance of the Refunding Bonds shall be used to either finance additional Facilities and/or reduce special taxes of Improvement Area A of the District in accordance with the Act. The City Manager and the Assistant City Manager are each hereby authorized to allocate the savings between the Facilities and reduction of special taxes as they may determine in accordance with the Act.

Section 4.The 2025 Bonds shall be executed on behalf of the District by the manual or facsimile signature of the Mayor of the City and attested to with the manual or facsimile CC Reso. No. 2025-

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signature of the City Clerk. Wilmington Trust, National Association, is hereby appointed to act as Trustee for the 2025 Bonds.

Section 5.The covenants set forth in the Local Obligation Bond Indenture to be executed in accordance with Section 3 above are hereby approved, shall be deemed to be covenants of the City Council in its capacity as the legislative body of the District, and shall be complied with by the District and its officers.

Section 6.The form of the Bond Purchase Agreement presented herewith is hereby approved; and any one of the Authorized Officers is hereby authorized and directed, for and in the name of the District, to execute and deliver the Bond Purchase Agreement substantially in the form approved, with such additions thereto and changes therein as may be approved or required by an Authorized Officer, including changes relating to dates and numbers as are necessary to conform the Bond Purchase Agreement to the dates, amounts and interest rates applicable to the 2025 Bonds as of the sale date. Approval of such additions and changes shall be conclusively evidenced by the execution and delivery of the Bond Purchase Agreement; provided, however, that the Bond Purchase Agreement shall be signed only if the true interest cost on the 2025 Bonds is less than 5.00%.

Section 7.The form of the Preliminary Official Statement for the Authority Bonds presented at this meeting is hereby approved, and the underwriter of the Authority Bonds is hereby authorized to distribute the Preliminary Official Statement to prospective purchasers of the Authority Bonds in the form hereby approved, together with such additions thereto and changes therein as are determined necessary or desirable by the Authorized Officers, to make such Preliminary Official Statement final as of its date for purposes of Rule 15c2-12 of the Securities and Exchange Commission, including, but not limited to, such additions and changes as are necessary to make all information set forth therein accurate and not misleading. The underwriter of the Authority Bonds is further authorized to distribute the final Official Statement for the Authority Bonds and any supplement thereto to the purchasers thereof.

Section 8.In accordance with the requirements of Section 53345.8 of the Act, the legislative body of the District hereby determines that the assessed value of the real property in Improvement Area A of the District subject to the special tax to pay debt service on the 2025 Bonds is at least three times the principal amount of the 2025 Bonds and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act or a special assessment levied on property within Improvement Area A of the District.

Section 9.The City Manager, the Assistant City Manager, the City Clerk or their written designee, are authorized to provide for all services necessary to effect the issuance of the 2025 Bonds. Such services shall include, but not be limited to, obtaining legal services, fiscal agent services, and any other services deemed appropriate as set forth in a certificate of the City Manager, the Assistant City Manager, the City Clerk, or their written designee. The City Manager, the Assistant City Manager, the City Clerk or their written designee, or their written designee, are authorized to pay for the cost of such services, together with other Costs of Issuance from 2025 Bond proceeds.

Section 10.The City Manager, the Assistant City Manager, the City Clerk and all other officers of the City are hereby authorized and directed to take any actions and execute and deliver any and all documents as are necessary to accomplish the issuance, sale and delivery of the 2025 Bonds in accordance with the provisions of this Resolution, the fulfillment of the purposes of the 2025 Bonds as described in the Local Obligation Bond Indenture and to CC Reso. No. 2025-

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amend or supplement, as necessary and in accordance with its terms. Any document authorized herein to be signed by the City Clerk may be signed by a duly appointed deputy clerk.

Section 11.This Resolution shall take effect immediately upon its adoption.

Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 13th day of May 2025.

Brian Tisdale
Mayor
Attest:

Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2025- was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of May 13, 2025 and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk
4901-6578-6431v2/022042-0049
RESOLUTION NO. 2025-

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

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON

HILLS), AUTHORIZING THE ISSUANCE OF ITS IMPROVEMENT AREA B 2025 SPECIAL TAX REFUNDING BONDS IN A PRINCIPAL AMOUNT NOT TO

EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS
($11,500,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING

CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH
Whereas, the City Council of the City of Lake Elsinore (the “City”), located in Riverside County, California (hereinafter sometimes referred to as the “legislative body of the District”), has heretofore undertaken proceedings to form City of Lake Elsinore Community Facilities District No. 2003-2 (Canyon Hills) (the “District”) pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”); and Whereas, the District is authorized to finance certain public facilities and other governmental facilities that are necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within the District, which facilities may be physically located outside the boundaries of the District (the “Facilities”); and Whereas, the District has previously issued its $25,795,000 2015 Improvement Area B 2015 Special Tax Refunding Bonds (the “Prior Bonds”) to finance and refinance certain public improvements; and
Whereas, the legislative body of the District now desires to refund the Prior Bonds through the issuance of bonds in an aggregate principal amount not to exceed $11,500,000 designated as the “City of Lake Elsinore Community Facilities District No. 2003-2 (Canyon Hills) Improvement Area No. B 2025 Special Tax Refunding Bonds” the (“2025 Bonds”); and Whereas, in order to effect the issuance of the 2025 Bonds, the legislative body of the District desires to enter into a Second Supplement to Bond Indenture, dated as of June 1, 2025 (the “Second Supplement”), in substantially the form presented herewith, which further supplements that certain Bond Indenture, dated as of March 1, 2015, as supplemented by the First Supplement to Bond Indenture, dated as of December 1, 2017 (together, the “Local Obligation Bond Indenture”) each with Wilmington Trust, National Association, as Trustee; and Whereas, the legislative body of the District has determined in accordance with Section 53360.4 of the Code that a negotiated sale of the 2025 Bonds to the Lake Elsinore Facilities Financing Authority (the “Authority”) in accordance with the terms of the Local Obligations Purchase Agreement to be entered into by and among the Authority, the District and certain other community facilities districts of the City participating in the financing (the “Bond Purchase Agreement”) approved as to form by this legislative body herein will result in a lower overall cost to the District than a public sale; and
Whereas, the Authority will issue its bonds (the “Authority Bonds”) to provide funds for its purchase of the 2025 Bonds;
CC Reso. No. 2025-

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2 3
8 7
9 7

NOW, THEREFORE, THE CITY COUNCIL, ACTING AS THE LEGISLATIVE BODY OF THE DISTRICT, DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS:

Section 1.Each of the above recitals is true and correct.

Section 2.The legislative body of the District is authorized pursuant to the Act to issue the 2025 Bonds for the benefit of the District for purposes set forth herein and to take the necessary steps to refund and redeem the Prior Bonds.

Section 3.The issuance of the 2025 Bonds in an aggregate principal amount not to exceed $11,500,000 is hereby authorized with the exact principal amount to be determined by the official signing the Bond Purchase Agreement in accordance with Section 6 below. The legislative body of the District hereby determines that it is prudent in the management of its fiscal affairs to issue the 2025 Bonds. The 2025 Bonds shall mature on the dates and pay interest at the rates set forth in the Bond Purchase Agreement to be executed on behalf of the District in accordance with Section 6 hereof. The 2025 Bonds shall be governed by the terms and conditions of the Local Obligation Bond Indenture. The Second Supplement shall be prepared by Bond Counsel to the District and executed by one or more of the Mayor, the City Manager, the Assistant City Manager, and their written designees (collectively, the “Authorized Officers”) substantially in the form presented at this meeting, with such additions thereto and changes therein as the officer or officers executing the same deem necessary to cure any ambiguity or defect therein, to insert the offering price(s), interest rate(s), selling compensation, principal amount per maturity, redemption dates and prices and such other related terms and provisions as limited by Section 6 hereof, to conform any provisions therein to the Bond Purchase Agreement and the Official Statement for the Authority Bonds. Approval of such changes shall be conclusively evidenced by the execution and delivery of the Second Supplement by one or more Authorized Officers. Capitalized terms used in this Resolution which are not defined herein have the meanings ascribed to them in the Local Obligation Bond Indenture.

In satisfaction of the requirements contained in Section 53363.2 of the Act, the legislative body of the District hereby determines that: (1) it is anticipated that the purchase of the 2025 Bonds will occur on or about May 29, 2025, (2) the 2025 Bonds shall bear the date, be in the denominations, have the maturity dates (which do not exceed the latest maturity date of the Prior Bonds being refunded), and be payable at the place and be in the form specified in the Local Obligation Bond Indenture, (3) the 2025 Bonds will bear interest at the minimum rate of

0.10% per annum, and (4) the designated cost of issuing the 2025 Bonds, as defined by Section 53363.8 of the Act, shall include all of the costs specified in Section 53363.8(a), (b)(2) and (c).

In satisfaction of the requirements contained in Section 53364.2 of the Act, the legislative body of the District hereby determines that any savings achieved through the issuance of the 2025 Bonds shall be used to reduce special taxes of Improvement Area B of the District in accordance with the Act.

Section 4.The 2025 Bonds shall be executed on behalf of the District by the manual or facsimile signature of the Mayor of the City and attested to with the manual or facsimile signature of the City Clerk. Wilmington Trust, National Association is hereby appointed to act as Trustee for the 2025 Bonds.

CC Reso. No. 2025-

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3 3
8 7
9 7
Section 5.The covenants set forth in the Local Obligation Bond Indenture are hereby approved, shall be deemed to be covenants of the City Council in its capacity as the legislative body of the District and shall be complied with by the District and its officers.

Section 6.The form of the Bond Purchase Agreement presented herewith is hereby approved; and any one of the Authorized Officers is hereby authorized and directed, for and in the name of the District, to execute and deliver the Bond Purchase Agreement substantially in the form approved, with such additions thereto and changes therein as may be approved or required by an Authorized Officer, including changes relating to dates and numbers as are necessary to conform the Bond Purchase Agreement to the dates, amounts and interest rates applicable to the 2025 Bonds as of the sale date. Approval of such additions and changes shall be conclusively evidenced by the execution and delivery of the Bond Purchase Agreement; provided, however, that the Bond Purchase Agreement shall be signed only if the true interest cost on the 2025 Bonds is less than 5.00%.

Section 7.The form of the Preliminary Official Statement for the Authority Bonds presented at this meeting is hereby approved, and the underwriter of the Authority Bonds is hereby authorized to distribute the Preliminary Official Statement to prospective purchasers of the Authority Bonds in the form hereby approved, together with such additions thereto and changes therein as are determined necessary or desirable by the Authorized Officers, to make such Preliminary Official Statement final as of its date for purposes of Rule 15c2-12 of the Securities and Exchange Commission, including, but not limited to, such additions and changes as are necessary to make all information set forth therein accurate and not misleading. The underwriter of the Authority Bonds is further authorized to distribute the final Official Statement for the Authority Bonds and any supplement thereto to the purchasers thereof.

Section 8.In accordance with the requirements of Section 53345.8 of the Act, the legislative body of the District hereby determines that the assessed value of the real property in Improvement Area B of the District subject to the special tax to pay debt service on the 2025 Bonds is at least three times the principal amount of the 2025 Bonds and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act or a special assessment levied on property within Improvement Area B of the District.

Section 9.The City Manager, the Assistant City Manager, the City Clerk, or their written designee, is authorized to provide for all services necessary to effect the issuance of the 2025 Bonds. Such services shall include, but not be limited to, obtaining legal services, fiscal agent services, and any other services deemed appropriate as set forth in a certificate of the City Manager, the Assistant City Manager, the City Clerk, or their written designee. The City Manager, the Assistant City Manager, the City Clerk or their written designee, or their written designee, are authorized to pay for the cost of such services, together with other Costs of Issuance from 2025 Bond proceeds.

Section 10.The City Manager, the Assistant City Manager, the City Clerk and all other officers of the City are hereby authorized and directed to take any actions and execute and deliver any and all documents as are necessary to accomplish the issuance, sale and delivery of the 2025 Bonds in accordance with the provisions of this Resolution, the fulfillment of the purposes of the 2025 Bonds as described in the Local Obligation Bond Indenture and to amend or supplement, as necessary and in accordance with its terms. Any document authorized herein to be signed by the City Clerk may be signed by a duly appointed deputy clerk.

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Section 11.This Resolution shall take effect immediately upon its adoption.

Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 13th day of May 2025.

Brian Tisdale
Mayor
Attest:

Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2025- was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of May 13, 2025 and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk
4936-8231-7119v2/022042-0049
RESOLUTION NO. 2025-

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

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON

HILLS), AUTHORIZING THE ISSUANCE OF ITS IMPROVEMENT AREA C 2025 SPECIAL TAX REFUNDING BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED FIVE MILLION FIVE HUNDRED THOUSAND DOLLARS ($5,500,000)

AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER

ACTIONS IN CONNECTION THEREWITH
Whereas, the City Council of the City of Lake Elsinore (the “City”), located in Riverside County, California (hereinafter sometimes referred to as the “legislative body of the District”), has heretofore undertaken proceedings to form City of Lake Elsinore Community Facilities District No. 2003-2 (Canyon Hills) (the “District”) pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”); and Whereas, the District is authorized to finance certain public facilities and other governmental facilities that are necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within the District, which facilities may be physically located outside the boundaries of the District (the “Facilities”); and Whereas, the District has previously issued its $7,315,000 Special Tax Bonds, 2014 Series (Improvement Area C) (the “Prior Bonds”) to refinance certain public improvements; and Whereas, the legislative body of the District now desires to refund the Prior Bonds through the issuance of bonds in an aggregate principal amount not to exceed $5,500,000 designated as “City of Lake Elsinore Community Facilities District No. 2003-2 (Rosetta Canyon) Improvement Area No. C 2025 Special Tax Refunding Bonds” (the “2025 Bonds”); and Whereas, in order to effect the issuance of the 2025 Bonds, the legislative body of the District desires to enter into a Fourth Supplement to Fiscal Agent Agreement, dated as of June 1, 2025 (the “Supplement to Fiscal Agent Agreement”), in substantially the form presented herewith, which further supplements that certain Fiscal Agent Agreement, dated as of March 1, 2015, as supplemented to the date hereof (together, the “Fiscal Agent Agreement”) each with Wilmington Trust, National Association, as fiscal agent; and Whereas, the legislative body of the District has determined in accordance with Section 53360.4 of the Code that a negotiated sale of the 2025 Bonds to the Lake Elsinore Facilities Financing Authority (the “Authority”) in accordance with the terms of the Local Obligations Purchase Agreement to be entered into by and among the Authority, the District and certain other community facilities districts of the City participating in the financing (the “Bond Purchase Agreement”) approved as to form by this legislative body herein will result in a lower overall cost to the District than a public sale; and
Whereas, the Authority will issue its bonds (the “Authority Bonds”) to provide funds for its purchase of the 2025 Bonds;
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9 8

NOW, THEREFORE, THE CITY COUNCIL, ACTING AS THE LEGISLATIVE BODY OF THE DISTRICT, DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS:

Section 1.Each of the above recitals is true and correct.

Section 2.The legislative body of the District is authorized pursuant to the Act to issue the 2025 Bonds for the benefit of the District for purposes set forth herein and to take the necessary steps to refund and redeem the Prior Bonds.

Section 3.The issuance of the 2025 Bonds in an aggregate principal amount not to exceed $5,500,000 is hereby authorized with the exact principal amount to be determined by the official signing the Bond Purchase Agreement in accordance with Section 6 below. The legislative body of the District hereby determines that it is prudent in the management of its fiscal affairs to issue the 2025 Bonds. The 2025 Bonds shall mature on the dates and pay interest at the rates set forth in the Bond Purchase Agreement to be executed on behalf of the District in accordance with Section 6 hereof. The 2025 Bonds shall be governed by the terms and conditions of the Fiscal Agent Agreement. The Supplement to Fiscal Agent Agreement shall be prepared by Bond Counsel to the District and executed by one or more of the Mayor, the City Manager, the Assistant City Manager, and their written designees (collectively, the “Authorized Officers”) substantially in the form presented at this meeting, with such additions thereto and changes therein as the officer or officers executing the same deem necessary to cure any ambiguity or defect therein, to insert the offering price(s), interest rate(s), selling compensation, principal amount per maturity, redemption dates and prices and such other related terms and provisions as limited by Section 6 hereof, to conform any provisions therein to the Bond Purchase Agreement and the Official Statement for the Authority Bonds. Approval of such changes shall be conclusively evidenced by the execution and delivery of the Supplement to the Fiscal Agent Agreement by one or more Authorized Officers. Capitalized terms used in this Resolution that are not defined herein have the meanings ascribed to them in the Fiscal Agent Agreement.

In satisfaction of the requirements contained in Section 53363.2 of the Act, the legislative body of the District hereby determines that: (1) it is anticipated that the purchase of the 2025 Bonds will occur on or about May 29, 2025, (2) the 2025 Bonds shall bear the date, be in the denominations, have the maturity dates (which do not exceed the latest maturity date of the Prior Bonds being refunded), and be payable at the place and be in the form specified in the Fiscal Agent Agreement, (3) the 2025 Bonds will bear interest at the minimum rate of 0.10% per annum, and (4) the designated cost of issuing the 2025 Bonds, as defined by Section 53363.8 of the Act, shall include all of the costs specified in Section 53363.8(a), (b)(2) and (c).

In satisfaction of the requirements contained in Section 53364.2 of the Act, the legislative body of the District hereby determines that any savings achieved through the issuance of the Refunding Bonds shall be used to reduce special taxes of Improvement Area C of the District in accordance with the Act.

Section 4.The 2025 Bonds shall be executed on behalf of the District by the manual or facsimile signature of the Mayor of the City and attested to with the manual or facsimile signature of the City Clerk. Wilmington Trust, National Association is hereby appointed to act as Trustee for the 2025 Bonds.

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Section 5.The covenants set forth in the Fiscal Agent Agreement are hereby approved, shall be deemed to be covenants of the City Council in its capacity as the legislative body of the District and shall be complied with by the District and its officers.

Section 6.The form of the Bond Purchase Agreement presented herewith is hereby approved; and any one of the Authorized Officers is hereby authorized and directed, for and in the name of the District, to execute and deliver the Bond Purchase Agreement substantially in the form approved, with such additions thereto and changes therein as may be approved or required by an Authorized Officer, including changes relating to dates and numbers as are necessary to conform the Bond Purchase Agreement to the dates, amounts and interest rates applicable to the 2025 Bonds as of the sale date. Approval of such additions and changes shall be conclusively evidenced by the execution and delivery of the Bond Purchase Agreement; provided, however, that the Bond Purchase Agreement shall be signed only if the true interest cost on the 2025 Bonds is less than 5.00%.

Section 7.The form of the Preliminary Official Statement for the Authority Bonds presented at this meeting is hereby approved, and the underwriter of the Authority Bonds is hereby authorized to distribute the Preliminary Official Statement to prospective purchasers of the Authority Bonds in the form hereby approved, together with such additions thereto and changes therein as are determined necessary or desirable by the Authorized Officers, to make such Preliminary Official Statement final as of its date for purposes of Rule 15c2-12 of the Securities and Exchange Commission, including, but not limited to, such additions and changes as are necessary to make all information set forth therein accurate and not misleading. The underwriter of the Authority Bonds is further authorized to distribute the final Official Statement for the Authority Bonds and any supplement thereto to the purchasers thereof.

Section 8.In accordance with the requirements of Section 53345.8 of the Act, the legislative body of the District hereby determines that the assessed value of the real property in Improvement Area C of the District subject to the special tax to pay debt service on the 2025 Bonds is at least three times the principal amount of the 2025 Bonds and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act or a special assessment levied on property within Improvement Area C of the District.

Section 9.The City Manager, the Assistant City Manager, the City Clerk, or their written designee, is authorized to provide for all services necessary to effect the issuance of the 2025 Bonds. Such services shall include, but not be limited to, obtaining legal services, fiscal agent services, and any other services deemed appropriate as set forth in a certificate of the City Manager, the Assistant City Manager, the City Clerk, or their written designee. The City Manager, the Assistant City Manager, the City Clerk or their written designee, or their written designee, are authorized to pay for the cost of such services, together with other Costs of Issuance from 2025 Bond proceeds.

Section 10.The City Manager, the Assistant City Manager, the City Clerk and all other officers of the City are hereby authorized and directed to take any actions and execute and deliver any and all documents as are necessary to accomplish the issuance, sale and delivery of the 2025 Bonds in accordance with the provisions of this Resolution, the fulfillment of the purposes of the 2025 Bonds as described in the Fiscal Agent Agreement and to amend or supplement, as necessary and in accordance with its terms. Any document authorized herein to be signed by the City Clerk may be signed by a duly appointed deputy clerk.

Section 11.This Resolution shall take effect immediately upon its adoption.

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Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 13th day of May 2025.

Brian Tisdale
Mayor
Attest:

Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2025- was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of May 13, 2025 and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk
RESOLUTION NO. 2025-

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

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-3 (ROSETTA

CANYON), AUTHORIZING THE ISSUANCE OF ITS IMPROVEMENT AREA NO. 1 2025 SPECIAL TAX REFUNDING BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED THIRTEEN MILLION DOLLARS ($13,000,000) AND AUTHORIZING THE ISSUANCE OF ITS IMPROVEMENT AREA NO. 2 2025

SPECIAL TAX REFUNDING BONDS IN A PRINCIPAL AMOUNT NOT TO

EXCEED TWENTY ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($21,500,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING

CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH
Whereas, the City Council of the City of Lake Elsinore (the “City”), located in Riverside County, California (hereinafter sometimes referred to as the “legislative body of the District”), has heretofore undertaken proceedings to form City of Lake Elsinore Community Facilities District No. 2004-3 (Rosetta Canyon) (the “District”) pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”); and Whereas, the District is authorized to finance certain public facilities and other governmental facilities that are necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within the District, which facilities may be physically located outside the boundaries of the District (the “Facilities”); and Whereas, the District has previously issued its $21,005,000 Improvement Area No. 1 2015 Special Tax Refunding Bonds (the “Prior Improvement Area No. 1 Bonds”) and its $23,115,000 Improvement Area No. 2 2015 Special Tax Refunding Bonds (the “Prior Improvement Area No. 2 Bonds”, and together with the Prior Improvement Area No. 1 Bonds, the “Prior Bonds”) to finance and refinance certain public improvements; and Whereas, the legislative body of the District now desires to refund the Prior Improvement Area No. 1 Bonds through the issuance of bonds for Improvement Area No. 1 in an aggregate principal amount not to exceed $13,000,000 designated as the “City of Lake Elsinore Community Facilities District No. 2004-3 (Rosetta Canyon) Improvement Area No. 1 2025 Special Tax Refunding Bonds” (the “Improvement Area No. 1 Bonds ”); and Whereas, the legislative body of the District now desires to refund the Prior Improvement Area No. 2 Bonds and finance additional Facilities using savings achieved through such refunding through the issuance of bonds for Improvement Area No. 2 in an aggregate principal amount not to exceed $21,500,000, designated as the “City of Lake Elsinore Community Facilities District No. 2004-3 (Rosetta Canyon) Improvement Area No. 2 2025 Special Tax Refunding Bonds” (the “Improvement Area No. 2 Bonds” and together with the Improvement Area No. 1 Bonds, the “2025 Bonds”); and
Whereas, in order to effect the issuance of the 2025 Bonds, the legislative body of the District desires to enter into separate Bond Indentures for the Improvement Area No. 1 Bonds and the Improvement Area No. 2 Bonds, each dated as of June 1, 2025 (each a “Local Obligation Bond Indenture” and together, the “Local Obligation Bond Indentures”), with Wilmington Trust, National Association, as Trustee, in substantially the form presented herewith; and
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Whereas, the legislative body of the District has determined in accordance with Section 53360.4 of the Code that a negotiated sale of the 2025 Bonds to the Lake Elsinore Facilities Financing Authority (the “Authority”) in accordance with the terms of the Local Obligations Purchase Agreement to be entered into by and among the Authority, the District and certain other community facilities districts of the City participating in the financing (the “Bond Purchase Agreement”) approved as to form by this legislative body herein will result in a lower overall cost to the District than a public sale; and
Whereas, the legislative body of the District has duly noticed and held a public hearing and hereby determines that it is prudent in the management of its fiscal affairs to issue the Improvement Area No. 2 Bonds and that the issuance of the Improvement Area No. 2 Bonds will result in significant public benefits of the type described in Government Code Section 6586; and Whereas, the Authority will issue its bonds (the “Authority Bonds”) to provide funds for its purchase of the 2025 Bonds;

NOW, THEREFORE, THE CITY COUNCIL, ACTING AS THE LEGISLATIVE BODY OF THE DISTRICT, DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS:

Section 1.Each of the above recitals is true and correct.

Section 2.The legislative body of the District is authorized pursuant to the Act to issue the 2025 Bonds for the benefit of the District for purposes set forth herein and to take the necessary steps to refund and redeem the Prior Bonds and to finance the Facilities.

Section 3.The issuance of the Improvement Area No. 1 Bonds in an aggregate principal amount not to exceed $13,000,000 and the issuance of the Improvement Area No. 2 Bonds in an aggregate principal amount not to exceed $21,500,000 is hereby authorized with the exact principal amounts to be determined by the official signing the Bond Purchase Agreement in accordance with Section 6 below. The legislative body of the District hereby determines that it is prudent in the management of its fiscal affairs to issue the 2025 Bonds.

The 2025 Bonds shall mature on the dates and pay interest at the rates set forth in the Bond Purchase Agreement to be executed on behalf of the District in accordance with Section 6 hereof. The 2025 Bonds shall be governed by the terms and conditions of the Local Obligation Bond Indentures presented at this meeting. The Local Obligation Bond Indentures shall be prepared by Bond Counsel to the District and executed by one or more of the Mayor, the City Manager, the Assistant City Manager, and their written designees (collectively, the “Authorized Officers”) substantially in the form presented at this meeting, with such additions thereto and changes therein as the officer or officers executing the same deem necessary to cure any ambiguity or defect therein, to insert the offering price(s), interest rate(s), selling compensation, principal amount per maturity, redemption dates and prices and such other related terms and provisions as limited by Section 6 hereof, to conform any provisions therein to the Bond Purchase Agreement and the Official Statement for the Authority Bonds. Approval of such changes shall be conclusively evidenced by the execution and delivery of the Local Obligation Bond Indentures by one or more Authorized Officers. Capitalized terms used in this Resolution which are not defined herein have the meanings ascribed to them in the Local Obligation Bond Indentures.

In satisfaction of the requirements contained in Section 53363.2 of the Act, the legislative body of the District hereby determines that with respect to the Improvement Area No. 1 Bonds: (1) it is anticipated that the purchase of the Improvement Area No. 1 Bonds will occur CC Reso. No. 2025-

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on or about May 29, 2025, (2) the Improvement Area No. 1 Bonds shall bear the date, be in the denominations, have the maturity dates (which do not exceed the latest maturity date of the Prior Bonds being refunded by the Improvement Area No. 1 Bonds), and be payable at the place and be in the form specified in the related Local Obligation Bond Indenture, (3) the Improvement Area No. 1 Bonds will bear interest at the minimum rate of 0.10% per annum, and (4) the designated cost of issuing the Improvement Area No. 1 Bonds, as defined by Section 53363.8 of the Act, shall include all of the costs specified in Section 53363.8(a), (b)(2) and (c)
In satisfaction of the requirements contained in Section 53363.2 of the Act, the legislative body of the District hereby determines that with respect to the portion of the Improvement Area No. 2 Bonds allocated to refund the Prior Bonds (the “Refunding Bonds”):
(1) it is anticipated that the purchase of the Refunding Bonds will occur on or about May 29, 2025, (2) the Refunding Bonds shall bear the date, be in the denominations, have the maturity dates (which do not exceed the latest maturity date of the Prior Bonds being refunded), and be payable at the place and be in the form specified in the related Local Obligation Bond Indenture, (3) the Refunding Bonds will bear interest at the minimum rate of 0.10% per annum, and (4) the designated cost of issuing the Refunding Bonds, as defined by Section 53363.8 of the Act, shall include all of the costs specified in Section 53363.8(a), (b)(2) and (c).

In satisfaction of the requirements contained in Section 53364.2 of the Act, the legislative body of the District hereby determines that any savings achieved through the issuance of the Improvement Area No. 1 Bonds shall be used to reduce special taxes of Improvement Area No. 1 of the District, and that any savings achieved through the issuance of the Improvement Area No. 2 Bonds shall be used to either finance additional Facilities and/or reduce special taxes of Improvement Area No. 2 of the District in accordance with the Act. The City Manager and the Assistant City Manager are each hereby authorized to allocate the savings between the Facilities and reduction of special taxes as they may determine in accordance with the Act.

Section 4.The 2025 Bonds shall be executed on behalf of the District by the manual or facsimile signature of the Mayor of the City and to attested with the manual or facsimile signature of the City Clerk. Wilmington Trust, National Association is hereby appointed to act as Trustee for the 2025 Bonds.

Section 5.The covenants set forth in the Local Obligation Bond Indentures to be executed in accordance with Section 3 above are hereby approved, shall be deemed to be covenants of the City Council in its capacity as the legislative body of the District and shall be complied with by the District and its officers.

Section 6.The form of the Bond Purchase Agreement presented herewith is hereby approved; and any one of the Authorized Officers is hereby authorized and directed, for and in the name of the District, to execute and deliver the Bond Purchase Agreement substantially in the form approved, with such additions thereto and changes therein as may be approved or required by an Authorized Officer, including changes relating to dates and numbers as are necessary to conform the Bond Purchase Agreement to the dates, amounts and interest rates applicable to the 2025 Bonds as of the sale date. Approval of such additions and changes shall be conclusively evidenced by the execution and delivery of the Bond Purchase Agreement; provided, however, that the Bond Purchase Agreement shall be signed only if the true interest cost on each series of the 2025 Bonds is less than 5.00%.

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Section 7.The form of the Preliminary Official Statement for the Authority Bonds presented at this meeting is hereby approved, and the underwriter of the Authority Bonds is hereby authorized to distribute the Preliminary Official Statement to prospective purchasers of the Authority Bonds in the form hereby approved, together with such additions thereto and changes therein as are determined necessary or desirable by the Authorized Officers, to make such Preliminary Official Statement final as of its date for purposes of Rule 15c2-12 of the Securities and Exchange Commission, including, but not limited to, such additions and changes as are necessary to make all information set forth therein accurate and not misleading. The underwriter of the Authority Bonds is further authorized to distribute the final Official Statement for the Authority Bonds and any supplement thereto to the purchasers thereof.

Section 8.In accordance with the requirements of Section 53345.8 of the Act, the legislative body of the District hereby determines that: (i) the assessed value of the real property in Improvement Area No. 1 of the District subject to the special tax to pay debt service on the Improvement Area No. 1 Bonds is at least three times the principal amount of the Improvement Area No. 1 Bonds and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act or a special assessment levied on property within Improvement Area No. 1 of the District; and (ii) the assessed value of the real property in Improvement Area No. 2 of the District subject to the special tax to pay debt service on the Improvement Area No. 2 Bonds is at least three times the principal amount of the Improvement Area No. 2 Bonds and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act or a special assessment levied on property within Improvement Area No. 2 of the District.

Section 9.The City Manager, the Assistant City Manager, the City Clerk or their written designee, are authorized to provide for all services necessary to effect the issuance of the 2025 Bonds. Such services shall include, but not be limited to, obtaining legal services, fiscal agent services and any other services deemed appropriate as set forth in a certificate of the City Manager, the Assistant City Manager, the City Clerk or their written designee. The City Manager, the Assistant City Manager, the City Clerk or their written designee, or their written designee, are authorized to pay for the cost of such services, together with other Costs of Issuance from 2025 Bond proceeds.

Section 10.The City Manager, the Assistant City Manager, the City Clerk and all other officers of the City are hereby authorized and directed to take any actions and execute and deliver any and all documents as are necessary to accomplish the issuance, sale and delivery of the 2025 Bonds in accordance with the provisions of this Resolution, the fulfillment of the purposes of the 2025 Bonds as described in the Local Obligation Bond Indentures and to amend or supplement, as necessary and in accordance with its terms. Any document authorized herein to be signed by the City Clerk may be signed by a duly appointed deputy clerk.

Section 11.This Resolution shall take effect immediately upon its adoption.

Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 13th day of May 2025.

Brian Tisdale
Mayor
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Attest:

Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2025- was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of May 13, 2025 and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk
RESOLUTION NO. 2025-

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

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-1 (SERENITY), AUTHORIZING THE ISSUANCE OF ITS 2025 SPECIAL TAX REFUNDING

BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED FIVE MILLION FIVE HUNDRED THOUSAND DOLLARS ($5,500,000) AND APPROVING CERTAIN

DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION

THEREWITH
Whereas, the City Council of the City of Lake Elsinore (the “City”), located in Riverside County, California (hereinafter sometimes referred to as the “legislative body of the District”), has heretofore undertaken proceedings to form City of Lake Elsinore Community Facilities District No. 2005-1 (Serenity) (the “District”) pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”); and Whereas, the District is authorized to finance certain public facilities and other governmental facilities that are necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within the District, which facilities may be physically located outside the boundaries of the District (the “Facilities”); and Whereas, the District has previously issued its $8,165,000 2015 Special Tax Refunding Bonds (the “Prior Bonds”) to finance and refinance certain public improvements; and Whereas, the legislative body of the District now desires to refund the Prior Bonds and finance additional Facilities through the issuance of bonds in an aggregate principal amount not to exceed $5,500,000 designated as the “City of Lake Elsinore Community Facilities District No. 2005-1 (Serenity) 2025 Special Tax Refunding Bonds” (the “2025 Bonds”); and Whereas, in order to effect the issuance of the 2025 Bonds, the legislative body of the District desires to enter into a Bond Indenture, dated as of June 1, 2025 (the “Local Obligation Bond Indenture”), with Wilmington Trust, National Association, as Trustee, in substantially the form presented herewith; and
Whereas, the legislative body of the District has determined in accordance with Section 53360.4 of the Code that a negotiated sale of the 2025 Bonds to the Lake Elsinore Facilities Financing Authority (the “Authority”) in accordance with the terms of the Local Obligations Purchase Agreement to be entered into by and among the Authority, the District and certain other community facilities districts of the City participating in the financing (the “Bond Purchase Agreement”) approved as to form by this legislative body herein will result in a lower overall cost to the District than a public sale; and
Whereas, the legislative body of the District has duly noticed and held a public hearing and hereby determines that it is prudent in the management of its fiscal affairs to issue the 2025 Bonds and that the issuance of the 2025 Bonds will result in significant public benefits of the type described in Government Code Section 6586; and
Whereas, the Authority will issue its bonds (the “Authority Bonds”) to provide funds for its purchase of the 2025 Bonds;
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