EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
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8 AGREEMENT FOR CONTRACTOR SERVICES
Servpro of Chino
ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of June 10, 2025 by and between the City of Lake Elsinore , a municipal corporation (the “City”) and Servpro of Chino, a Corporation (the “Contractor”).
RECITALS
A. The City has determined that it requires the following services:
On-Call minor construction and repair services.
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated May 13, 2025, both of which are attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call and minor construction support on an as needed basis.
2. Time of Performance .
a. Time of Essence . Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor 's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work.
b. Performance Schedule . Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor , extensions to the time period(s) specified may be approved in writing by the City Manager .
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8 c. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement , this Agreement shall continue in full force and effect for a period commencing on July 1, 2025 and ending June 30, 2028. 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 Two Hundred Thousand dollars ($200,000 ) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed . Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor 's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks . At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Contractor’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Contractor’s prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same.
Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason , with or without cause, suspend or terminate this Agreement, or any portion hereof , by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement , unless the notice provides otherwise . If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this
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8 Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein.
7. Plans, Reports, Documents
a. Ownership of Documents . All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third-party requests of Contractor shall be immediately referred to City, without any other actions by Contractor. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights , designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data, which were prepared by design professionals other than Contractor or provided, to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor . Contractor shall not, without the prior written consent of City, use such materials for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor, which is otherwise known to Contractor or is generally known, or has become known , to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia , photographs relating to project for which Contractor's services are rendered , or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
8. Contractor's Books and Records .
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period
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8 required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor-in-interest.
9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner .
b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification . In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
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8 Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information , advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring ; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).)
12. Ability of Contractor . City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor 's field of expertise .
13. Compliance with Laws.
a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and/or its employees, officers, or board members. b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
14. Licenses . Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Contractor to practice its profession . Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession.
Contractor shall maintain a City of Lake Elsinore business license .
15. Indemnity . Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims , suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement , Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
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8 16. Insurance Requirements .
a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies.
i. Workers' Compensation Coverage . Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California . In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change . The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000 ,000) per occurrence for bodily injury, personal injury and property damage . If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage . Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles , in an amount of not less than one million dollars ($1,000 ,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage . b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language :
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City,
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8 its elected or appointed officers, officials, employees, agents and volunteers . Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers , officials, employees or agents . v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers .
vi. The insurance provided by this Policy shall not be suspended , voided , canceled , or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions . d. Certificates of Insurance . Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices . Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section .
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to:City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Servpro of Chino
Attn: Rhonda Brogdon
13885 Redwood Ave.
Chino, Ca 91710
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8 18. Assignment and Subcontracting . The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor .
Contractor shall be fully responsible to City for all acts or omissions of any subcontractors .
Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
21. Mediation . The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation . The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators . Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute . If the dispute remains unresolved after mediation, either party may commence litigation.
22. Prohibited Interests . Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination .
24. Prevailing Wages . Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000 , et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including , without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non- payment of prevailing wages under California law, and Contractor hereby agrees to defend,
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8 indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts , each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto . In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart .
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor’s Proposal.
30. Amendments . This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney .
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Servpro of Chino, a Corporation
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8 City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
By: Rhonda Brogdon
Its: Owner
Attachments: Exhibit A – Contractor’s Proposal
EXHIBIT A
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
/g31/g53/g46/g51/g42/g53/g46/g45/g1/g27/g50/g53/g1B
/g2D/g50/g44/g42/g55/g4A/g50/g4F/g54/g1/g4A/g4F/g1/g24/g49/g4A/g4F/g50/gD/g1/g2A/g4F/g45/g4A/g50/gD/g1/g42/g4F/g45/g1/g29/g46/g54/g51/g46/g53/g4A/g42
Attachment “A”
Cost Proposal Sheet – General Maintenance Services
Please provide the fee quotes as follows (Include a schedule of rates by classification hourly rates):
In the column labeled “Bidder Notes” mark each maintenance area beginning with 1 to 11 (1=most preferred area, 11= least preferred area). Please attach additional pages if necessary.
GENERAL MAINTENANCE SERVICES WAGE RATES
Construction
&
Maintenance
Area
*Normal Business Hours
Rate
**Emergency and After
Hours Rate Unit of
Measure
(Hourly,
½ Hour
Etc…)
Subcontractor
Services
Yes / No
Bidder Notes
(Attached if Needed)Non-
Prevailing
Wage Rate
Prevailing
Wage Rate
Non-
Prevailing
Wage Rate
Prevailing
Wage Rate
Carpentry
Finish Wood
Working
Plumbing
Electrical
Concrete and
Masonry
HVAC
Painting
Sheet Metal
Dry Wall
Roofing
Irrigation
Repair
Material Markup: ____________ % (percent)
*Normal Business Hours: 7:30 a.m. to 5:30 p.m. (Monday – Friday) **Emergency and After Hours Service: 5:30 p.m. to 7:30 a.m. (Weekends and Holidays) $125.00
$126.50
$126.50
$126.50
$126.50
$125.00
$126.50
$85.00
$102.00
$130.00
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
No
Yes
Yes
Yes
No
Yes
15 No
$105.00
$110.00
$140.00 $140.00
11 10$90.00
1 2
3 4
5 6
7 8
9 $130.00
$110.00
$110.00
$140.00 $140.00
$145.00 $145.00
Sat. $157.50 Sat. $187.50
Sun/Holiday $210 Sun/Holiday $250
Sat. $165 Sat. $189.75
Sun/Holiday $220 Sun/Holiday $253
Sat. $210 Sat. $210
Sun/Holiday $280 Sun/Holiday $280
Sat. $210 Sat. $210
Sun/Holiday $280 Sun/Holiday $280
Sat. $135 Sat. $189.75
Sun/Holiday $180 Sun/Holiday $253
Sat. $217.50 Sat. $217.50
Sun/Holiday $290 Sun/Holiday $290
Sat. $127.50 Sat. $189.75
Sun/Holiday $170 Sun/Holiday $253
Sat. $165 Sat. $189.75
Sun/Holiday $220 Sun/Holiday $253
Sat. $153 Sat. $187.50
Sun/Holiday $204 Sun/Holiday $250
Sat. $195 Sat. $195
Sun/Holiday $260 Sun/Holiday $260
Sat. $165 Sat. $189.75
Sun/Holiday $220 Sun/Holiday $253
No
Yes/No
Yes/No
Yes/No
Occasionally subbed out
Occasionally subbed out
Occasionally subbed out
Laborer $110.00$53.00 Sat. $79.50 Sat. $165
Sun/Holiday $106 Sun/Holiday $220 Hourly No
Project Manager
Project Supervisor
$138.00 $138.00
$154.00 $154.00
Sat. $207 Sat. $207
Sun/Holiday $276 Sun/Holiday $276
Sat. $231 Sat. $231
Sun/Holiday $308 Sun/Holiday $308
Hourly
Hourly
No
No
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9 AGREEMENT FOR CONTRACTOR SERVICES
The Landscape Center
ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of June 10, 2025 by and between the City of Lake Elsinore , a municipal corporation (the “City”) and The Landscape Center , a Licensed Contractor (the “Contractor”).
RECITALS
A. The City has determined that it requires the following services:
On-Call minor construction and repair services.
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated May 19, 2025, both of which are attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call and minor construction support on an as needed basis.
2. Time of Performance .
a. Time of Essence . Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor 's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work.
b. Performance Schedule . Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor , extensions to the time period(s) specified may be approved in writing by the City Manager .
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9 c. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement , this Agreement shall continue in full force and effect for a period commencing on July 1, 2025 and ending June 30, 2028. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.
Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City.
3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference . In no event shall Contractor's annual compensation exceed One Hundred Fifty Thousand dollars ($150,000 ) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed . Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor 's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks . At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Contractor’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Contractor’s prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same.
Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason , with or without cause, suspend or terminate this Agreement, or any portion hereof , by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement , unless the notice provides otherwise . If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this
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9 Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein.
7. Plans, Reports, Documents
a. Ownership of Documents . All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third-party requests of Contractor shall be immediately referred to City, without any other actions by Contractor. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights , designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data, which were prepared by design professionals other than Contractor or provided, to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor . Contractor shall not, without the prior written consent of City, use such materials for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor, which is otherwise known to Contractor or is generally known, or has become known , to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia , photographs relating to project for which Contractor's services are rendered , or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
8. Contractor's Books and Records .
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period
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9 required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor-in-interest.
9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner .
b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification . In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
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9 Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information , advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring ; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).)
12. Ability of Contractor . City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor 's field of expertise .
13. Compliance with Laws.
a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and/or its employees, officers, or board members. b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
14. Licenses . Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Contractor to practice its profession . Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession.
Contractor shall maintain a City of Lake Elsinore business license .
15. Indemnity . Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims , suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement , Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
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9 16. Insurance Requirements .
a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies.
i. Workers' Compensation Coverage . Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California . In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change . The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000 ,000) per occurrence for bodily injury, personal injury and property damage . If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage . Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles , in an amount of not less than one million dollars ($1,000 ,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage . b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language :
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City,
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9 its elected or appointed officers, officials, employees, agents and volunteers . Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers , officials, employees or agents . v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers .
vi. The insurance provided by this Policy shall not be suspended , voided , canceled , or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions . d. Certificates of Insurance . Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices . Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section .
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to:City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: The Landscape Center
Attn: Mark Barrett
9505 Cleveland Ave.
Riverside, Ca 92503
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9 18. Assignment and Subcontracting . The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor .
Contractor shall be fully responsible to City for all acts or omissions of any subcontractors .
Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
21. Mediation . The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation . The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators . Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute . If the dispute remains unresolved after mediation, either party may commence litigation.
22. Prohibited Interests . Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination .
24. Prevailing Wages . Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000 , et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including , without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non- payment of prevailing wages under California law, and Contractor hereby agrees to defend,
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9 indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts , each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto . In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart .
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor’s Proposal.
30. Amendments . This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney .
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
The Landscape Center, a Licensed Contractor
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9 City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
By: Mark Barrett
Its: President
Attachments: Exhibit A – Contractor’s Proposal
EXHIBIT A
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
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0 AGREEMENT FOR CONTRACTOR SERVICES
BELFOR Riverside
ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of June 10, 2025 by and between the City of Lake Elsinore , a municipal corporation (the “City”) and BELFOR Riverside , a Corporation (the “Contractor”).
RECITALS
A. The City has determined that it requires the following services:
On-Call minor construction and repair services.
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated May 14, 2025, both of which are attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call and minor construction support on an as needed basis.
2. Time of Performance .
a. Time of Essence . Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor 's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work.
b. Performance Schedule . Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor , extensions to the time period(s) specified may be approved in writing by the City Manager .
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0 c. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement , this Agreement shall continue in full force and effect for a period commencing on July 1, 2025 and ending June 30, 2028. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.
Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City.
3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference . In no event shall Contractor's annual compensation exceed One Hundred Thousand dollars ($100,000 ) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed . Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor 's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks . At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Contractor’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Contractor’s prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same.
Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason , with or without cause, suspend or terminate this Agreement, or any portion hereof , by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement , unless the notice provides otherwise . If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this
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0 Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein.
7. Plans, Reports, Documents
a. Ownership of Documents . All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third-party requests of Contractor shall be immediately referred to City, without any other actions by Contractor. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights , designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data, which were prepared by design professionals other than Contractor or provided, to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor . Contractor shall not, without the prior written consent of City, use such materials for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor, which is otherwise known to Contractor or is generally known, or has become known , to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia , photographs relating to project for which Contractor's services are rendered , or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
8. Contractor's Books and Records .
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period
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0 required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor-in-interest.
9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner .
b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification . In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
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0 Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information , advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring ; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).)
12. Ability of Contractor . City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor 's field of expertise .
13. Compliance with Laws.
a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and/or its employees, officers, or board members. b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
14. Licenses . Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Contractor to practice its profession . Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession.
Contractor shall maintain a City of Lake Elsinore business license .
15. Indemnity . Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims , suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement , Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
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0 16. Insurance Requirements .
a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies.
i. Workers' Compensation Coverage . Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California . In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change . The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000 ,000) per occurrence for bodily injury, personal injury and property damage . If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage . Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles , in an amount of not less than one million dollars ($1,000 ,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage . b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language :
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City,
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0 its elected or appointed officers, officials, employees, agents and volunteers . Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers , officials, employees or agents . v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers .
vi. The insurance provided by this Policy shall not be suspended , voided , canceled , or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions . d. Certificates of Insurance . Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices . Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section .
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to:City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: BELFOR Riverside
Attn: Kristine Higginbotham
3443 Durahart St.
Riverside, Ca 92507
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0 18. Assignment and Subcontracting . The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor .
Contractor shall be fully responsible to City for all acts or omissions of any subcontractors .
Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
21. Mediation . The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation . The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators . Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute . If the dispute remains unresolved after mediation, either party may commence litigation.
22. Prohibited Interests . Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination .
24. Prevailing Wages . Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000 , et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including , without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non- payment of prevailing wages under California law, and Contractor hereby agrees to defend,
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0 indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts , each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto . In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart .
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor’s Proposal.
30. Amendments . This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney .
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
BELFOR Riverside, a Corporation
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0 City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
By: Kristine Higginbotham
Its: Account Manager
Attachments: Exhibit A – Contractor’s Proposal
EXHIBIT A
EXHIBIT A
CONTRACTOR'S PROPOSAL
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BELFOR Exceptions to the RFP A1
BELFOR EXCEPTIONS – City of Lake Elsinore – Request For Proposal Document and
Section
Term and Condition/Modification Exception Reasoning
RFP Document –
Instructions,
Conditions &
Legal
Requirements –
Section 11
Please revise this section as follows:
Contract Term & Extensions. The term of the contract
shall commence upon award of the contract and
continue through June 30, 20218. The City reserves
the option to extend the contract(s) for an additional
three (3) years. The price shall be consistent with
Contractor’s then current rate and material schedule
in use at the time of the loss, with the current rate
and material schedule incorporated as Attachment A.
No price adjustments will occur during the first thirty- six (36) months of this agreement. Upon request of
the contractor and agreement by the City, the item
prices may be adjusted by the amount equal to the
increase or decrease, during the previous twelve (12)
months, in the Riverside, San Bernardino ALL Urban
Consumers Index to determine the percentage of
increase or decrease, the term "previous twelve
months" shall mean the twelve (12) month period
ending June 30th of that year, or if not available, the prior month.
Pricing must remain consi
stent with
Belfor’s then current pricing.
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Ä §òϧŁĝ ½ÄĺÄòăē §ēēĖăēĖݧĦÄ ĝăòĬĦÝăúĝ §Ħ ·ăùēÄĦÝĦÝĺÄ ēĖÝ·Äĝƚ Ä ĖÄĝēăú½ Ħă ·ăùēòÄŀ ·Ù§òòÄúÓÄĝ ĻÝĦÙ ·òħĖòŁ ĝĦĖĬ·ĦĬĖĽ ĻăĖïÒòăĻĝ ƕ §ú½ ½Äēò㣠ăĬĖ ĝïÝòòĝ §ĝ ÄÒÒÝ·ÝÄúĦòŁ §ĝ ēăĝĝݶòÄƚ Ä ·§ĖĖŁ ăĬĦ ăĬĖ ĻăĖï ĕĬÝ·ïòŁƕ ¶ĬĦ ĦÙăĖăĬÓÙòŁƚ _ú·Ä ĻÄ ĝĦ§ĖĦ § ìă¶ƕ ĻÄ ĝÄÄ ÝĦ ĦÙĖăĬÓÙ Ħă ĦÙÄ Ä ú½ƚ Ä ·ăúĦÝúĬăĬĝòŁ ½ă·ĬùÄúĦ ăĬĖ §·ĦÝĺÝĦÝÄĝƕ Äŀ§ùÝúÄ ăĬĖ ēĖă·Ä½ĬĖÄĝ §ú ½ ùă½ÝÒŁ ĦÙÄù§ĝúÄ·Äĝĝ§ĖŁƚ
_ĬĖ ă½Ä ăÒ ăùēòݧú·Ä ēăòÝ·Ł ĖÄĕĬÝĖÄĝ ĦÙ§Ħ ħ·Ù ĝÄĖĺÝ·Ä ¶Ä ēĖă ēÄĖòŁ ½Äĝ·ĖݶĽ Ýú § ÒăĖù§ò §ÓĖÄÄùÄúĦ ¶ÄÒăĖÄ ÝĦ Ýĝ ēÄĖÒăĖùĽƚ òò ĻăĖ ï §ú½ ¶ĬĝÝúÄĝĝēĖă·ÄĝĝÄĝùĬĝĦ¶Ä½ă·ĬùÄúĦĽÝú§·ăùēĖÄÙÄúĝݶòÄù§úúÄĖƚ Ä Ĭú½ÄĖĝĦ§ú½ ĦÙÄ ÝùēăĖĦ§ú·Ä ăÒ ïÄÄēÝúÓ ·ăúÒݽÄúĦݧò ÝúÒăĖù§ĦÝăú ĝÄ·ĖÄĦ §ú½Ù§ĺÄùħĝĬĖÄĝÝúēò§·ÄĦăēĖăĦÄ·ĦÝĦ§Ó§ÝúĝĦ§··Äĝĝ¶ŁĦÙÝĖ ½ē§ĖĦÝÄĝ§Ħ §òòĦÝùÄĝƚ
_ĬĖ ìă¶ §òĝă ÄúĦ§Ýòĝ §ĦĦ§·ÙÝúÓ ù§ŀÝùĬù ēĖÝăĖÝĦŁ Ħă Ýú½ĬĝĦĖݧò ĝ §ÒÄĦŁ §ú½ §··Ý½ÄúĦ ēĖÄĺÄúĦÝăúƚ ;ú ĦÙÝĝ ·ăúĦÄŀĦƕ ĻÄ ĺăòĬúĦ§ĖÝòŁ ĝĦĖÝĺÄ Ħă Äŀ·ÄĽ ĝĦ§ĦĬĦăĖŁĝĦ§ú½§Ė½ĝÝúù§úŁ·§ĝÄĝƚ
BELFOR is the technical services leader in
disaster recovery and property restoration, as
well as a General Contractor, offering the most
extensive network of resources for institutional
losses in the industry.
Founded in 1946, our 79-year history and vast
experience over the years has afforded us the
opportunity to restore and repair almost every
type of structure imaginable. Every year since
2020, BELFOR has performed over 64,000
restoration projects in North America and over
159,000 worldwide. Regardless of the peril or
extent of damage, BELFOR is equipped, prepared,
and experienced.
ÝĝĦĖݶĬĦÝăú
ÝĦÙ ŕŖŕ ăÒÒÝ·Äĝ Ýú ĦÙÄ ƚyƚƕ ŗŝ Ýú §ú§½§ §ú½ ăĺÄĖ ŗřŔ §ĖăĬú½ĦÙÄ ĻăĖò½ƕ "M0_r Ýĝ ¶ăĦÙ Óòă¶§òòŁ ĝĦĖăúÓ §ú½ òă·§òòŁ Òă·ĬĝĽƚ "M0_rĦħùĝ§Ėħ¶òÄĦăĖÄĝēăú½ÝùùĽݧĦÄòŁÝú§òùăĝĦÄĺÄĖŁù§ìăĖù§ĖïÄĦÝúVăĖĦÙùÄĖÝ·§§ú½ù§ú٧ĖăĬú½ĦÙÄĻăĖò½ƚ"M0_r §òĝăÙ§ĝŝ"úĺÝĖăúùÄúĦ§òăÒÒÝ·Äĝ§·ĖăĝĝĦÙÄyĻÝĦÙĦ˧ÝúĽ§ú½ òÝ·ÄúĝĽĝĦ§ÒÒĦăĖÄùĽݧĦÄÙ§Ň§Ė½ăĬĝù§ĦÄĖݧòĝĝĬ·Ù§ĝ§ĝ¶ÄĝĦ ăĝ §ú½òħ½ƚ"M0_r"úĺÝĖăúùÄúĦ§òēÄĖÒăĖùĝ§ú§ĺÄ˧ÓÄăÒŕƕŖŔŔĖÄùĽݧĦÝăúēĖăìÄ·Ħĝ§úúĬ§òòŁƚ oĖÝĺ§ĦÄòŁ7Äò½
ÙÄĖħĖÄúăÒ˧ú·ÙÝĝÄòă·§ĦÝăúĝƚ"M0_ryMĦ½ƚăĻúĝ§òòòă·§ĦÝăúĝƚÙÝĝ§òòăĻĝĬĝĦă·ăúĦĖăòĕĬ§òÝĦ٧ú½·ăúĝÝĝĦÄú·ŁăÒĝÄĖĺÝ·Äĝ ú§ĦÝăúĻݽħú½Ħăùă¶ÝòÝŇÄĖÄĝăĬĖ·ÄĝÄÒÒÄ·ĦÝĺÄòٽĬĖÝúÓ§ĖħƪĻݽĽÝĝ§ĝĦÄĖĝƚ oÄĖĝăúúÄò
ÝĦÙăĺÄĖŗƕŔŔŔÒĬòòƪĦÝùÄÄùēòăŁÄÄĝÝúVăĖĦÙùÄĖÝ·§§ú½ùăĖÄĦÙ§úŕŘƕŔŔŔĻăĖò½ĻݽÄƕ"M0_r¶ĖÝúÓĝ§ú§¶Ĭú½§ú·ÄăÒĦ§òÄúĦ§ú½ §¶ÝòÝĦŁĬúÄĕĬ§òĽÝúăĬĖÝú½ĬĝĦĖŁƚÙÄÄŀēÄĖÝÄú·ÄĻĶĖÝúÓĦăħ·ÙēĖăìÄ·ĦĖÄēĖÄĝÄúĦĝĦĖĬÄĺ§òĬÄĦăăĬĖ·òÝÄúĦĝƚ "ĕĬÝēùÄúĦ
"M0_răĻúĝĦÙÄò§ĖÓÄĝĦÒòÄÄĦăÒĖÄĝĦă˧ĦÝăúÄĕĬÝēùÄúĦÝúVăĖĦÙ ùÄĖÝ·§ƚ"ŀĦÄúĝÝĺÄÄĕĬÝēùÄúĦÝúĺÄúĦăĖÝÄĝÝú§òòŕśŔăÒăĬĖVăĖ ĦÙ ùÄĖÝ·§úòă·§ĦÝăúĝÄú§¶òÄĬĝĦăĖÄĝēăú½ÄÒÒÄ·ĦÝĺÄòŁÝúòă·§ò·ăùùĬúÝĦÝÄĝ§ĖăĬú½ĦÙÄ·ăúĦÝúÄúĦƚ 0ăĖ ò§ĖÓÄ òăĝĝÄĝ §ú½ §ĖħƪĻÝ½Ä ½Ýĝ§ĝĦÄĖĝƕ "M0_r Ù§ĝ ĝĦ˧ĦÄÓÝ·§òòŁ ½ÄĺÄòăēĽ § ùă¶ÝòÄ ÒòÄÄĦ ăÒ ĖÄĝēăúĝÄ ĺÄÙÝ·òÄĝ ĦÙ§Ħ ·§ú ¶Ä ½ÄēòăŁÄ½§úŁĻÙÄĖÄƚUă¶ÝòÄĖÄĝēăúĝÄĺÄÙÝ·òÄĝÝú·òĬ½ÄƔ
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→ ŚÝÄĝÄòƪēăĻÄĖĽĖÄÒĖÝÓÄ˧ĦĽĦ˧ÝòÄĖĝÒăĖÒĖÄÄŇÝúÓ¶ăăïĝ§ú½½ă·ĬùÄúĦĝƚ → śUă¶Ýòħ·ĬĬù0ĖÄÄŇÄĖŁÝúÓÙ§ù¶ÄĖĝƩÒăĖăúƪĝÝĦÄĺÝĦ§òĖÄ·ă˽ĝ ĖÄ·ăĺÄĖŁƚ
→ ŘUă¶ÝòÄŕŜƕŔŔŔ0U7"o0ÝòĦ˧ĦÝăú˧ÝòÄĖĝ
→ ŖUă¶ÝòÄ"òÄ·ĦĖăúÝ·ĝrÄĝĦă˧ĦÝăúM§¶ĝ
→ ŖUă¶ÝòÄăùù§ú½ÄúĦÄĖĝƩU§Ł¶Ä½Ýĝē§Ħ·ÙĽÒăĖ·§Ħ§ĝĦĖăēÙÄăēÄ˧ĦÝăúĝƚ "§·Ù·ăùù§ú½·ÄúĦÄĖƔ
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− _ÒÒÄĖĝŗŖĻăĖïĝĦ§ĦÝăúĝƕÝú·òĬ½ÝúÓ·ăùēĬĦÄĖĝŁĝĦÄùĝƕÝúĦÄĖúÄĦ§··Äĝĝƕ§ú½ ĺݽÄă·ăúÒÄĖÄú·ÝúÓƚ
→ _ĺÄĖŗƕŖŔŔĺÄÙÝ·òÄĝÝúĦÙÄƚyƚÒòÄÄĦ§òăúÄƚ
½½ÝĦÝăú§ò"ĕĬÝēùÄúĦrÄĝăĬĖ·Äĝ
"M0_r ĖÄĦ§Ýúĝ ĝĦĖăúÓ ē§ĖĦúÄĖĝÙÝēĝ ĻÝĦÙ ĝÄĺÄ˧ò ú§ĦÝăú§ò ÄĕĬÝēùÄúĦ §ú½ ĝĬēēòŁ ·ăùē§úÝÄĝƕÝú·òĬ½ÝúÓMăĻÄĝƕyĬú¶ÄòĦƕúÝĦĽrÄúĦ§òƕ§ú½ÓÓĖÄïăƚ
oĖăìÄ·ĦĝÝÓǡyù§òò
"M0_rēĖăĺݽÄĝĝÄĖĺÝ·ÄÝúĦÙÄòă·§ò·ăùùĬúÝĦŁÒă˧òòĝÝŇĽēĖăìÄ·ĦĝƚVăù§ĦĦÄĖĦÙÄÄŀĦÄúĦăÒĦÙÄēĖă¶òÄùƕĻħĖħòϧŁĝ§ĺ§Ýò§¶òÄ Ħă·ăúĝĬòĦĻÝĦÙăĬĖ·òÝÄúĦĝ§Ħúă·Ù§ĖÓÄăúĦÙĶÄĝĦ·ăĬĖĝÄăÒ§·ĦÝăúÒăĖēĖăēÄĖĦٽ§ù§ÓÄƚ ÙÄĺ§ĝĦù§ìăĖÝĦŁăÒòă·§ò"M0_rēĖăìÄ·Ħĝ§ĖÄĬú½ÄĖƺŕŔƕŔŔŔƕ§òĦÙăĬÓÙĻÄĖăĬĦÝúÄòŁēÄĖÒăĖùùĬòĦÝƪùÝòòÝăú½ăòò§ĖēĖăìÄ·Ħĝƚ;úĦÙÄò§ĝĦ ĦÙĖÄÄ ·§òÄú½§Ė ŁÄ§Ėĝƕ ĻÄ Ù§ĺÄ ēÄĖÒăĖùĽ ŗŜŗ ēĖăìÄ·Ħĝ Ýú Äŀ·ÄĝĝăÒ ƺŕUƚ ÙÄ ò§ĖÓÄĝĦ ìă¶ ÄĺÄĖ ēÄĖÒăĖùĽ ϧĝ Ýú Äŀ·Äĝĝ ăÒ ƺŖŔŔ ùÝòòÝăúƚ
ĖħƪĻݽÄÝĝ§ĝĦÄĖrÄĝēăúĝÄ
"M0_rƴĝ §¶ÝòÝĦŁ Ħă ĝ·§òÄ Ĭē §ú½ ½Äēò㣠§ ù§ĝĝÝĺÄ §ĖĝÄú§ò ăÒ ēÄĖĝăúúÄòƕ ÄĕĬÝēùÄúĦ §ú½ ĝ·§Ė·Ä ĖÄĝăĬĖ·Äĝ Ýú §ĖħƪĻÝ½Ä ½Ýĝ§ĝĦÄĖĝ ÝĝĬúÄĕĬ§òĽÝúĦÙÄÝú½ĬĝĦĖŁƚÄÙ§ĺÄĖÄĝēăú½Ä½ÝúÒăĖ·ÄĦăÄĺ ÄĖŁù§ìă˧ĖħƪĻݽÄÄĺÄúĦÝúĦÙÄ·ăĬúĦĖŁĝÝú·Ä7ĬĖĖÝ·§úÄú½ĖÄĻ Ýú ŕŝŝŗƚ
ÙÄú § ·§Ħ§ĝĦĖăēÙÄ ÙÝĦĝƕ "M0_r ùă¶ÝòÝŇÄĝ ĖÄĝăĬĖ·Äĝ òă·§òòŁƕ ú§ĦÝăú§òòŁƕ §ú½ ÝúĦÄĖú§ĦÝăú§òòŁƕ ÝÒ úÄĽĽƚ ÙÄĝÄ Ýú·òĬ½Ä ăĬĖ ĺ§ĝĦ úÄĦĻăĖïăÒÒĬòòƪĝÄĖĺÝ·Äòă·§òăÒÒÝ·Äĝ§ú½ĦÙÄV§ĦÝăú§òÄ·ÙúÝ·§ò§ú½M§ĖÓÄMăĝĝÝĺÝĝÝăúĝăÒ"M0_rƕ§òò¶§·ïĽ¶ŁĦÙÄò§ĖÓÄĝĦÒòÄÄĦăÒ ĖÄĝĦă˧ĦÝăúÄĕĬÝēùÄúĦÝúVăĖĦÙùÄĖÝ·§ƚ
ÒĦÄĖÙĬĖĖÝ·§úÄĝ7§ĖĺÄŁƕ;Ėù§ƕ§ú½U§ĖݧÙÝĦÝúŖŔŕśƕ"M0_r½ÄēòăŁÄ½ù§ĝĝÝĺÄĖÄĝăĬĖ·ÄĝĦăÄŀ§ĝƕ0òăĖݽ§ƕoĬÄĖĦărÝ·ăƕyĦƚIăÙúƕyĦƚ Ùăù§ĝƕ §ú½ yĦƚ ĖăÝŀƚ ÙÝĝ ĬúÝĕĬÄ ·Ù§òòÄúÓÄ ½ÄùăúĝĦ˧ĦĽ ăĬĖ §¶ÝòÝĦŁ Ħă Äŀē§ú½ §ú½ ùă¶ÝòÝŇÄ ĖÄĝăĬĖ·Äĝ Ħă ù§ŀÝùÝŇÄĖÄĝĦă˧ĦÝăú ÄÒÒÝ·ÝÄú·Łƚ"M0_r·ăùēòÄĦĽăĺÄĖŕƕŚŔŔēĖăìÄ·ĦĝÝúĦÙÄϧïÄăÒ7ĬĖĖÝ·§úÄĝ7§ĖĺÄŁƕ;Ėù§§ú½U§Ėݧƚ ÝĦÙ § V§ĦÝăú§ò M§ĖÓÄ Măĝĝ ħù §ú½ § Ä·ÙúÝ·§ò yÄĖĺÝ·Äĝ ÝĺÝĝÝăú ĦÙ§Ħ ĖÄĝēăú½ Ýú §Ėħƪ ĻÝ½Ä ÄùÄĖÓÄú·ÝÄĝƕ "M0_r ăÒÒÝ·Äĝ §ĖÄúÄĺÄĖ·òăĝĽúăĖÙÝú½ÄĖĽÝú§úŁĻ§ŁÒĖăùĝÄĖĺÝ·ÝúÓĦÙÄÝĖò ă·§ò·ăùùĬúÝĦÝÄĝƚ_ĬĖ·òÝÄúĦĝ·§ú½ÄēÄú½ăú"M0_rĦă ĖÄĝēăú½ Ħ ă ĦÙÄÝĖòă·§òòăĝĝÄĝĖÄӧ˽òÄĝĝăÒĻÙ§ĦÄòĝÄÝĝÓăÝúÓăúÝúĦÙÄÝú½ĬĝĦĖŁƚ ÄĖĦÝÒÝ·§ĦÝăúĝǡMÝ·ÄúĝÝúÓ
"M0_rù§ÝúĦ§ÝúĝĖÄĕĬÝĖĽ·ÄĖĦÝÒÝ·§ĦÝăúĝƕòÝ·ÄúĝÝúÓƕ¶ăú½ÝúÓ·§ ē§·ÝĦŁƕ§ú½ÝúĝĬ˧ú·Ä·ăĺÄ˧ÓÄÝú§òò§Ėħĝƕ§òòăĻÝúÓăĬĖĦħùĝ Ħă ēÄĖÒăĖù ĻăĖï Ýú ·ăùēòݧú·Ä ĻÝĦÙ §òò ĝĦ§ĦÄ §ú½ ÒĽÄ˧ò ĖÄÓĬò§ĦÝă úĝƚ "M0_r §òĝă §½ÙÄĖÄĝ Ħă ăĦÙÄĖ ĺ§ĖÝăĬĝ ĖÄĕĬÝĖÄùÄúĦĝ §ĝ ù§ú½§ĦĽ ¶Ł ¶ăĦÙ ĦÙÄ _··Ĭē§ĦÝăú§ò y§ÒÄĦŁ §ú½ 7ħòĦÙ ½ùÝúÝĝĦ˧ĦÝăú Ʀ_y7Ƨ §ú½ ĦÙÄ "úĺÝĖăúùÄúĦ§ò oĖăĦÄ·ĦÝăúÓÄú·ŁƦ"oƧƚ Ä·ÙúÝ·§òyÄĖĺÝ·Äĝ
"M0_r Ýĝ ĦÙÄ ĦÄ·ÙúÝ·§ò òħ½ÄĖ §ú½ §ú Ýúúăĺ§ĦăĖ Ýú ĦÙÄ ēĖăēÄĖĦŁ ĖÄĝĦă˧ĦÝăú Ýú½ĬĝĦĖŁƕ ·ăúĦĖݶĬĦÝúÓ ĝÄĺÄ˧ò ĝĦ§ĦÄƪăÒƪĦÙÄƪ§ĖĦƕ ēĖăēĖÝÄĦ§ĖŁ ēĖă·ÄĝĝÄĝ §ú½ ùÄĦÙă½ăòăÓÝÄĝ Ħă ĦÙÄ ÒÝÄò½ƚ _ĬĖ Ä·ÙúÝ·§ò yÄĖĺÝ·Äĝ ÝĺÝĝÝăú ¶ĖÝúÓĝ ĝăùÄ ăÒ ĦÙÄ ĝÙ§ĖēÄĝĦ ùÝú½ĝ Ýú ăĬĖ Ýú½ĬĝĦĖŁƕ Ýú·òĬ½ÝúÓ ÄĖĦÝÒÝĽ rÄĝĦăĖÄĖĝƕ oÙ y·ÝÄúĦÝĝĦĝƕ §ú½ "úÓÝúÄÄĖĝƕ Ħă ĦÙÄ Ħ§ĝï ăÒ ĖÄĝĦăĖÝúÓ Ò§·ÝòÝĦÝÄĝƕ ù§·ÙÝúÄĖŁƕÄòÄ·ĦĖăúÝ·ĝƕ §ú½ ĺÝĦ§ò ĖÄ·ă˽ĝƚ ÙÝĝ ĖÄĝĬòĦĝ Ýú ÙÝÓÙÄĖ ÄÒÒÝ·ÝÄú·Ł §ú½ ÓĖħĦÄ Ė ăēĦÝăúĝ ÒăĖ ĖÄĝĦă˧ĦÝăúƕ Ħ˧úĝò§ĦÝúÓ Ħă ¶ÄĦĦÄĖ ĖÄĝĬòĦĝ §ú½ Ò§ ĝĦÄĖ ĖÄ·ăĺÄĖŁƚ
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3900 Main Street, Riverside, CA 92522 | Phone: (951) 826-5553 | Fax: (951) 826-5470 | RiversideCA.gov
RISK MANAGEMENT DIVISION
July 25, 2022
Cindy D Helmstead
Belfor Property Restoration
3443 Durahart Street
Riverside CA 92507
To Whom It May Concern:
The City of Riverside first entered into an agreement with Belfor Property Restoration in 2019. Belfor has assisted the City with multiple emergency and non-emergency projects ranging from large scale property restoration to remedial water damage.
Belfor Property Restoration has an exceptiona l team and great customer service. They are reliable and have extensive industry knowledge and experience.
The Risk Management Division has received positive feedback from other City staff over the service and quality of work completed in their respective areas.
Belfor Property Restoration has been a trusted partner for the City of Riverside’s Risk Management Division.
Sincerely,
Jackie Godinez
City of Riverside- Risk Management
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TRADE ADDFRESS EMAIL
1 Highland Construction
2 24 Hour Express Services
3 SO.CAL.WESTCOAST
4 AQS Mechanical
CARPENTRY/ROOFING/CONCRETE/MASONARY
PLUMBING
ELECTRICAL
HVAC
7423 Olive Tree Lane, Highland, CA 92346
26047 Jefferson Ave., Ste. D, Murrieta, CA 92562
200 S 8th Street, Bldg. 1, Banning, CA 92220
12279 S. La Cadena Dr., Colton, CA 92324
[email protected]
[email protected]
[email protected]
[email protected]
SUBCONTRACTORR NAME
EMAIL PHONEE CONTACT LENGTHH OFF RELATIONSHIP
909-834-2361 5 Years
951-302-5320 11 Years
951-849-4223 18 Years
[email protected]
[email protected]
[email protected]
[email protected] 951-966-2499 5 Years
TRADE
1 2
3 4
CARPENTRY/ROOFING/CONCRETE/MASONARY
PLUMBING
ELECTRICAL
HVAC
SUBCONTRACTOR
1 H
2 24 Ho
3 SO.CAL.WE
4 AQS Mechanica
1 2
3 4
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Attachment “A”
Cost Proposal Sheet – General Maintenance Services
Please provide the fee quotes as follows (Include a schedule of rates by classification hourly rates): In the column labeled “Bidder Notes” mark each maintenance area beginning with 1 to 11 (1=most preferred area, 11= least preferred area). Please attach additional pages if necessary.
Material Markup: 2 % (percent)
*Normal Business Hours: 7:30 a.m. to 5:30 p.m. (Monday – Friday) **Emergency and After Hours Service: 5:30 p.m. to 7:30 a.m. (Weekends and Holidays)
GENERAL MAINTENANCE SERVICES WAGE RATES
Construction
&
Maintenance
Area
*Normal Business Hours
Rate
**Emergency and After
Hours Rate Unit of
Measure
(Hourly,
½ Hour
Etc…)
Subcontractor
Services
Yes / No
Bidder
Notes
(Attached if
Needed)
Non-
Prevailing
Wage Rate
Prevailing
Wage Rate
Non-
Prevailing
Wage Rate
Prevailing
Wage Rate
Carpentry
$123.00 $139.00 $184.50 $208.50 Hourly No 1
Finish Wood
Working
$123.00 $139.00 $184.50 $208.50 Hourly No 1
Plumbing
$123.00 $139.00 $184.50 $208.50 Hourly Yes 5
Electrical
$123.00 $139.00 $184.50 $208.50 Hourly Yes 5
Concrete and
Masonry
$123.00 $139.00 $184.50 $208.50 Hourly Yes 5
HVAC
$123.00 $139.00 $184.50 $208.50 Hourly Yes 5
Painting
$123.00 $139.00 $184.50 $208.50 Hourly No 1
Sheet Metal
$123.00 $139.00 $184.50 $208.50 Hourly Yes 5
Dry Wall
$123.00 $139.00 $184.50 $208.50 Hourly No 1
Roofing
$123.00 $139.00 $184.50 $208.50 Hourly Yes 7
Irrigation
Repair
CALIFORNIA RATE AND MATERIALS SCHEDULE FOR INVOICING
Effective Date: January 2024
§ I.
CODE REGULAR RATE / HR
APM Assistant Pro ject Manager $ 80.00
PM Pro ject Manager $ 119.00
PE Pro ject Estimator $ 129.00
SPM Senior Pro ject Manager $ 146.00
PC Pro ject Coordinator $ 178.00
GL General Labor $ 63.13
AA Administrative Assistan t $ 66.25
LF Labor Foreman $ 76.25
MS Mobilization Su pport $ 66.25
TD Truck Drive r $ 71.25
DMT Demolition Technician $ 71.25
RCO Resource Coordinator (Supply Technician) $ 73.75
PA Pro ject Auditor (Documentation Clerk) $ 81.25
EO E quipment Operator $ 85.00
HSO Health & Safet y Officer $ 126.25
RT Restoration Technician $ 85.63
RS Restoration Su pervisor $ 94.38
DT Dehumidification Technician $ 96.25
MT Mold Technician (Remediation Technician or Supervisor) $ 96.25 PT Painter $ 106.88
DP Dr ywall Installer/Finisher $ 115.63
CR Car penter (Framer/Finish) $ 123.13
TF Trade Foreman (Commercial Supervision) $ 129.06
(Dehumidification, Documents/Media, Electronics, HVAC, Machinery, Mold) TN Technician $ 103.75
TS Technical S pecialist $ 113.75
TL Team Leader $ 131.25
TMR Technician , Machinery Rebuild $ 140.00
DTA Decon Technician Assistan t $ 96.25
DC Decon Technician $ 113.75
DTL Decon Team Leader $ 131.25
DE Decon En gineer $ 226.25
HT Hazmat /Asbestos Technician $ 111.25
HLT Hazmat /Asbestos Lead Technician $ 122.50
HEO Hazmat /Asbestos Equipment Operator $ 137.50
HS Hazmat /Asbestos Supervisor $ 148.75
HPM Hazmat /Asbestos Project Manager $ 175.00
CVP President & Vice President $ 275.00
CSC Senior Consultant $ 225.00
CCE Consultant / Consulting Estimator $ 195.00
CWP Clerk of the Works-Production Person $ 120.00
CAD Administrative $ 75.00
COC Outside Consultants Actual Billing + 10%
CLG Deposition, Legal Work, & Court Testimony see section I.IV Consulting Expenses 400.00$ CFE Appraisal & Umpire fees 350.00$
§ I.II
CONSULTING SERVICES:
RATES AND INVOICE CONDITIONS
ITEMIZED SCHEDULED LABOR CLASSIFICATIONS
PROJECT MANAGEMENT
GENERAL CLASSIFICATIONS
RESTORATION SERVICES (General)
RECONSTRUCTION SERVICES
TECHNICAL SERVICES
SEMICONDUCTOR SERVICES
ENVIRONMENTAL SERVICES
LABOR CALCULATION POLICY
The guidelines for labor invoicing are as follows: The first eight hours worked on any scheduled shift Monday through Friday will be charged at the regular hourly rate. Any hours worked in excess of eight hours on any scheduled shift Monday through Friday will be charged at 1.5 times the regular hourly rate.
All hours worked on Saturday and Sunday will be at 1.5 times the regular hourly rate. All hours worked on Holidays (see §I.III Item 4 for recognized holidays) will be charged at 2 times the regular hourly rate. OT applies to all labor classifications regardless if salary or hourly.
After Hours Emergency Services: In the event that BELFOR personnel are required for emergency services after normal BELFOR business hours (Weekdays 5:00 p.m.-7:00 a.m.), 1.5 times the regular hourly rate will be charged.
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CALIFORNIA RATE AND MATERIALS SCHEDULE FOR INVOICING
Effective Date: January 2024
§ I.
§ I.III
§ I.IV
1). Reproduction of actual drawings at $4.50 per SF
2). Automobile mileage at IRS approved rate
3). Tolls at cost with receipts over $25.00
4). Photocopies at $0.15 per page
5). Color copying at $1.50 per page or actual cost if Kinko's or other service 6). Airfare, hotels, rental car rates and other travel expenses are billed at cost + 15% 7). Daily per diem rate at $65.00 a day/based on (8) hour day Note: *Fees for deposition and trial appearances are for a minimum four hours @ $400/hr for all consultants § II.
§ III.
§ IV.
§ V.
§ VI.
§ VII.
§ VIII.
3). National holidays recognized by BELFOR for rate (not payroll) purposes are New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas.
RATES AND INVOICE CONDITIONS
LABOR CONSIDERATIONS
1). Work performed under a particular contract that is subject to Federal and State wage and hour laws, prevailing wages, and/or collective bargaining agreements may require negotiated changes to the above stated rates. If necessary, adjustments will be made to the hourly rates and other labor provisions. 2). When circumstances beyond our control require BELFOR personnel to stand-by at the job site, a minimum stand-by charge of 6 hours at the regular hourly rate (no overtime) will be charged.
3). BELFOR reserves the right to change the unit rate of scheduled consumables affected by market conditions. 4). The hourly Scheduled Labor rates will be charged portal to portal for all BELFOR personnel, labor subcontractors, and subcontractors fulfilling any Labor Classifications.
5). If a meeting is requested by the client that involves travel BELFOR will bill for travel expenses at documented cost plus 15%. Labor hours will be charged at the applicable Rate Classification
CONSULTING EXPENSES
SCHEDULED EQUIPMENT CHARGES (see § II.I Itemized Scheduled Equipment) 1). The Daily Rental Rate is charged for each calendar day equipment is utilized on a project, whether a partial day or complete day. 2). Small Tools Charge: Items such as shovels, ladders, demolition carts, extension cords, small hand tools, etc..., which are provided by BELFOR but are not included in the Scheduled Equipment list will be charged at 3% of total labor charges for all hands-on personnel (EO, GL, LF, RT, RS, DTA, DC, DTL, DMT, DT, MT, PT, DP, CR, TN, TS, HT, HLT, HEO). Any specialty items purchased for a project may be charged as per Section IV. 3). The Safety Equipment Packages (Personal Protection Equipment - PPE, Personal Fall Protection - PFP, and Personal Respiratory Protection - PRP) are inclusive of the reusable components of each package as well as any training, medical, or certification expenses related to their use. They do not include the disposable items within the Scheduled Consumables list. 4). During the course of performance of the work BELFOR may add additional equipment to the schedule.
SCHEDULED CONSUMABLES (see § III.I Itemized Scheduled Consumables) 1). Any scheduled consumables purchased locally where the unit price exceeds 80% of the rate, the item will be invoiced at documented cost plus 25% mark-up
2). During the course of performance of the work BELFOR may add additional consumables to the Rate Schedule.
Freeze drying charges will range from $55 to $95 per cubic foot based on the volume of documents to be dried, the type of document (bound or loose paper), and the moisture saturation.
4). Scheduled consumables are charged on a "per unit" basis whether consumed by the unit or not.
VENDORS, UNSCHEDULED MATERIALS & UNSCHEDULED EQUIPMENT
1). 25% mark-up will be added to the total of all documented costs for Unscheduled Materials, Unscheduled Equipment, and Subcontractors / Vendors (including DUCTZ HVAC and BELFOR Environmental Services) who are not fulfilling a scheduled Labor Classification.
REIMBURSABLES
1). 25% mark-up will be added to the total of all reimbursables. 2). Standard per diem rates are $59 per person per day (2023 GSA base rate). The 1.35 multiplier will be applied for NYC, Cape Cod, Martha's Vineyard, Nantucket, AK, HI, Latin America, and the Caribbean ($79.65). The 1.25 multiplier will be applied for CA, OR and WA ($73.75). Per Diem will be charged for all traveling personnel in § I. Itemized Scheduled Labor Classification. BELFOR charges this daily rate whether the per diem is paid directly to the person, is charged to BELFOR as a separate charge, or is included with other compensation considerations. For multiple jobs on a single day, per diem will be prorated accordingly.
3). Per Diem reimbursement is subject to certain limitations regarding deductibility governed by the Internal Revenue Service, Code of 1986, Section 274(n)(1). Please consult your tax advisor on the appropriate treatment of these costs on your project as it is our policy that any deductibility limitation for income tax purposes is the responsibility of the customer. 4). BELFOR shall be reimbursed for travel expenses (airfare, lodging, rental cars, per diem) for personnel at documented costs plus markup (see item 1). 5). Lodging will be charged in accordance with the published GSA lodging allowance in effect at the time of the stay (https://www.gsa.gov/travel/plan- book/per-diem-rates/) plus applicable fees and taxes. As is the case with the Federal Travel Regulations, actual expense reimbursement is allowed when the lodging allowance is insufficient to meet the necessary expenses. 6). An optional methodology for lodging charges is to apply a lodging allowance as follows: Lodging may be charged at the average nightly rate of up to three hotels that house project personnel (BELFOR and/or subcontractors). The full average nightly rate will be charged for single occupancy and 50% of the average nightly rate per person will be charged for double occupancy.
DOCUMENT DRYING AND RECOVERY SERVICES
BILLING AND PAYMENT
1). Invoices generated in accordance with the BELFOR Rate and Materials Schedule will be submitted periodically for work that has been performed. As such, all invoices are due and payable upon receipt and will be considered late 30 days after receipt of the invoice. If there are any disputed charges on any invoice these should be clearly identified in writing within 30 days and an additional 30 days will be allowed to resolve disputed charges. Interest charges will begin to accrue after 30 days for undisputed charges and after 60 days for the disputed charges at the rate of: 1) 1% per month or 2) as specified in the terms and conditions of the applicable contract.
The rates contained in this exhibit are exclusive of federal, state and local sales or use taxes and the costs associated with any applicable federal, state or local approvals, consents, permits, licenses and orders incident to performance of the work.
The above rates represent the charges for freeze drying only. Labor, equipment, materials and other document treatments performed will be billed in accordance with the rates herein and any project specific quotations.
Other recovery service charges will be determined per job, based on the following relevant factors:
* Nature of Damage * Degree of soot/char * Intended Use of Document * Moisture Saturation * Mold Contamination * Odor Because the type and level of contamination may vary so greatly and thus affect the resultant recovery protocol required, these additional services will be quoted after examining a sample of the affected documents.
CAT CONSIDERATIONS (Based on Property Claim Services assigning a CAT Serial Number) 1). A 6% fee will be added to the total of each invoice. This fee will cover all of the indirect charges that must be allocated to each job in the CAT.
Examples of these charges would be CAT management, CAT office, admin support, warehousing, etc... 2). All charges for billing portals and for credit card payments will be passed on to the client at documented cost.
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RATE AND MATERIALS SCHEDULE FOR INVOICING
Effective Date: January 2024
§ II.I
EQUIPMENT DESCRIPTION UNIT RATE EQUIPMENT DESCRIPTION UNIT RATE AIR MOVERS/COMPRESSORS/ACCESSORIES TRUCKS, VEHICLES, TRAILERS (rate does not include fuel) Air compressor,g as/electric Ea / Day 45.00$ BELFOR Command Center Ea / Day 605.00$ Air compressor, tow behind 185 / 375 CFM Ea / Day 333.00$ Forklift, Warehouse Ea / Day 95.00$ Air movers/carpet blowers/Axial fans Ea / Day 36.00$ Mobile Office Ea / Day 79.00$ Octidry Bag or Direct it In (attachment) Ea / Day 36.00$ Mobile Warehouse (Trailer Only) Ea / Day 188.00$ Injectidry Unit Ea / Day 158.00$ Pallet Jack Ea / Day 27.00$ Manometer Ea / Day 100.00$ Trailer, Freezer Ea / Day 182.00$ Truck, Dump Service (Pickup Truck) Ea / Day 116.00$
BLAST/POWER WASH UNITS Truck, Dump-Trip Charge Ea / Day 182.00$ Blasting Unit, Agri/Soda Ea / Day 784.00$ Truck, Moving/Box/Board up Ea / Day 188.00$ Dry Ice Blaster w/Accessories Ea / Day 1,178.00$ Truck (Cab) or Trailer (Flatbed, Transfer, etc) Ea / Day 151.00$ Soda Blaster Ea / Day 1,169.00$ Vehicle, Pickup, SUV or Car Ea / Day 84.00$ Washer, High Pressure (cold) Ea / Day 196.00$ Vehicle, Truck 1 Ton 4x4 Lift gate Ea / Day 200.00$ Washer, High Pressure (hot) Ea / Day 246.00$ Vehicle, Van (1 per 10 Passenger or Cargo) Ea / Day 156.00$
CLEANING/VACUUMS/EXTRACTION DUMPSTERS & STORAGE
Buffer, Floor Ea / Day 95.00$ Dumpster, 20 yd (max weight 4 Tons) Per Load 666.00$ Carpet Cleaning Machine Ea / Day 91.00$ Dumpster, 30 yd (max weight 6 Tons) Per Load 847.00$ Dry Cleaning Unit (portable) Ea / Day 173.00$ Dumpster, 40 yd (max weight 8 Tons) Per Load 1,029.00$ Extraction Unit (portable) Ea / Day 188.00$ BELFOR Pods 8'x7' 12' x 7' Per Month 285.00$ Extraction Unit (Truck or Trailer mount) Ea / Day 680.00$ BELFOR Pods (set up & breakdown) Per Pod 363.00$ Floor cleaning system (ride on) Ea / Day 815.00$ Storage Space / Warehouse CF / Month 0.50$ Floor cleaning system (walk behind) Ea / Day 345.00$ Storage Vaults Per Month 152.00$ HEPA Filtration Unit / Air Scrubber Ea / Day 172.00$
Ion Air Cleaning System Ea / Day 57.00$ ELECTRONICS / MECHANICAL Steam Cleaner (Trailer) Ea / Day 294.00$ Cart, Electronic Decontamination Ea / Day 76.00$ Upholstery Machine/Lady Vac (steam cleaner) Ea / Day 76.00$ Cleaning Room, HEPA filtered Ea / Day 1,184.00$ Vacuum, HEPA Ea / Day 110.00$ Crane, A-Frame (1 ton) Ea / Day 168.00$ Vacuum, Insulation Machine Ea / Day 109.00$ Crane, Overhead (2 Ton, monorail 38 feet) Ea / Day 935.00$ Vacuum, Upright, Wet/Dry or Canister Ea / Day 52.00$ Decon Room Per Project 624.00$ Zip Poles, Set of 6 Ea / Day 33.00$ DI Water System Ea / Day 48.00$ Documentation Kit (digital camera/photo printer) Ea / Day 84.00$ LIGHTS Electrical Test Equipment (Megger, Hi-Pot, Grounding Cables) Ea / Day 498.00$ Light, Balloon Ea / Day 143.00$ Electronic Dehumidification Unit/Heating (KHT) Ea / Day 272.00$ Light, Tower Mobile (400 WT diesel) Ea / Day 208.00$ Gas Detector, ATI PortaSens II Ea / Day 371.00$ Light, Wobble (37 inches) Ea / Day 73.00$ HEPA Filtered Hood Ea / Day 187.00$ HEPA Water Displacement Unit Ea / Day 113.00$
MISC. Oven, Convection Drying (ULT) Ea / Day 529.00$
Heat Gun, Shrink Wrap Ea / Day 91.00$ Oven, Vacuum Drying Ea / Day 754.00$ Ride on Flooring Stripper (includes blades) Ea / Day 1,452.00$ Quality Control Kit, (scientific instruments) Ea / Day 227.00$ Saw, Demo Ea / Day 129.00$ Partical Meter Ea / Day 65.00$ Saw, Kett Ea / Day 43.00$ Reflectoquant Test Device Ea / Day 124.00$ X-Ray Dryer Ea / Day 188.00$ Sealer, Vacuum Ea / Day 330.00$ X-Ray Separation Tank Ea / Day 565.00$ Spray Booth with 2 sinks (portable) Ea / Day 227.00$ Sprayer, Airless H.P. (Wagner) Ea / Day 99.00$
ODOR CONTROL/DISINFECTION Tool Handling Charge Per Project 561.00$ Electrostatic Sprayer Ea / Day 165.00$ Ultrasonic Bath, Portable Ea / Day 393.00$ Fogger, Commercial Ea / Day 136.00$ Ultrasonic Bath, Bench Top Ea / Day 227.00$ Fogger, ULV / Thermal (electric) Ea / Day 48.00$ Ultrasonic Dip Line, Industrial Multi-step Ea / Day 4,072.00$ Ozone Generator Ea / Day 151.00$ Vacuum, Clean Room Ea / Day 187.00$ Smoke Machines (small) Ea / Day 121.00$ Wet Bench (portable) Ea / Day 228.00$ Vapor Shark Ea / Day 48.00$ Workstation (table, chair, lights, ESD) Ea / Day 30.00$
POWER ENVIRONMENTAL
Electrical Distribution (120 / 200 Amp Panel) Ea / Day 227.00$ Cascade Breathing Air System Ea / Day 206.00$ Electrical Distribution (Spider Box) Ea / Day 91.00$ Chemical Hose, Hazmat Ea / Day 274.00$ Generator (portable) Ea / Day 151.00$ Confined Space Entry System Ea / Day 250.00$ Spider Box Cables / 50 Amp Ea / Day 65.00$ Decontamination Shower/Filter Ea / Day 175.00$ Jerome Mercury Vapor Analyzer Ea / Day 306.00$
PUMPS Mini-Rae (PID) Ea / Day 218.00$
Pump, Sump/ Flood Ea / Day 42.00$ MSA Passport (O2, LEL, CO, H2S) Ea / Day 250.00$ Pump, Trash with Hose, 2" Ea / Day 168.00$ Personal Sample Pump Ea / Day 35.00$ Pump, Diaphragm 2", Hazmat Ea / Day 374.00$
DRYING/TEMP/HUMIDITY CONTROL Self-Contained Breathing Apparatuses (SCBA-30Min) Ea / Day 175.00$ Moisture Meter Ea / Day 25.00$ Trailer, Emergency Response, Hazmat Ea / Day 374.00$ Camera, IR Ea / Day 28.00$ Truck, Guzzler Air Mover Ea / Hr 418.00$ Dehumidification, Dehumidifier -100 to 140 AHAM Pints Ea / Day 175.00$ Truck, Vacuum 80 BBL Ea / Hr 209.00$ Dehumidification, Desiccant -385 cfm Ea / Day 256.00$ Truck, Vacuum, 120 BBL Ea / Hr 253.00$ Dehumidification, Desiccant -500/800 cfm Ea / Day 502.00$ Transfer Hose,p er 20 Ea / Day 165.00$ Dehumidification, Desiccant -2000/3000 cfm Ea / Day 907.00$ Dehumidification, Desiccant -5000-7500 cfm Ea / Day 1,647.00$ Construction Dehumidification, Desiccant -10000 / 12000 cfm Ea / Day 2,587.00$ Matterport 3D Camera Ea / Day 155.00$ Dehumidification, Desiccant -15000 cfm Ea / Day 3,880.00$ Temporary Containment Hardwall Lf / Day 4.25$ Dehumidification, Desiccant -25000 cfm Ea / Day 6,468.00$ Dehumidification/Cooling -1 Ton Spot Cooler Ea / Day 196.00$ HVAC Dehumidification/Cooling -DX Unit -5 / 12 ton Ea / Day 704.00$ HVAC, High Volume Air Agitation System Ea / Day 165.00$ Dehumidification/Cooling -DX Unit -20 / 30 ton Ea / Day 1,568.00$ HVAC, Mobile Resource Unit Ea / Day 245.00$ Dehumidification/Cooling -DX Unit -40 / 50 ton Ea / Day 2,020.00$ HVAC, Power and Manual Hand Tools PP / Day 48.00$ Dehumidification/Cooling -DX Unit -60 / 80 ton Ea / Day 2,471.00$ HVAC, Rotary Brush Duct Cleaning System Ea / Day 85.00$ Dehumidification/Cooling -Chiller 100 to 400 ton Ton / Day 32.00$ HVAC, Service Vehicle / Trailer Combo Ea / Day 210.00$ Dehumidification, Heater -8 / 12 KW Ea / Day 168.00$ HVAC, High CFM HEPA Vacuum Collection System Ea / Day 245.00$ Dehumidification, Heater -20 / 30 KW Ea / Day 194.00$ HVAC Video /T oolR obotic Inspection System Ea / Day 675.00$ Dehumidification, Heater -40 / 60 KW Ea / Day 432.00$ HVAC, Viper DuctC leaningS ystem Ea / Day 75.00$ Dehumidification, Heater -150 KW Ea / Day 905.00$ HVAC, DualH eadA ir Compressor Ea / Day 68.00$ Dehumidification, Heater, Indirect Fired up to 700,000btu + fuel Ea / Day 1,137.00$ HVAC, Laser Particle Meter Ea / Day 425.00$ SAFETY
Personal Fall Protection (PFP) PP / Day 10.00$
Personal Protection Equipment (PPE) PP / Day 6.00$
Personal Respiratory Protection (PRP) PP / Day 10.00$
Respirator, PAPR Ea / Day 100.00$
ITEMIZED SCHEDULED EQUIPMENT 3
The rates contained in this exhibit are exclusive of federal, state and local sales or use taxes and the costs associated with any applicable federal, state or local approvals, consents, permits, licenses and orders incident to performance of the work.
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RATE AND MATERIALS SCHEDULE FOR INVOICING
Effective Date: January 2024
§ III.I
CONSUMABLE DESCRIPTION UNIT RATE CONSUMABLE DESCRIPTION UNIT RATE
BAGS ELECTRONICS / MECHANICAL
Bags, Environmental Trash Bags Ea. 3.60$ BELFOR-AC 14 Alkaline Cleaner 14 Gal 74.00$ Bags, Insulation Machine (Vacuum) Ea. 37.00$ BELFOR-AC 12 Alkaline Cleaner 12 Gal 85.00$ Bags, Trash (each) 3 mil 1.00$ 6 mil 2.00$ BELFOR-CD 04-C Complex Deruster 04 C Gal 88.00$ CLEANING-GENERAL BELFOR-CD 13 Complex Deruster 13 Gal 139.00$ Disinfectant-Bioesque Gal 63.00$ BELFOR-EC 12 Electronics Cleaner Gal 56.00$ BELFOR-All Natural Citrus Solvent Cleaner Gal 41.00$ BELFOR-ESL Label Protection Lacquer Ounce 21.00$ BELFOR-All Purpose Cleaner Gal 47.00$ BELFOR-FC 10 Energized Cleaner Gal 999.00$ BELFOR-All Purpose Spotter Gal 28.00$ BELFOR-GC General Cleaner Gal 51.00$ BELFOR-Carpet Rinse & Neutralizer 43.5 22.00$ BELFOR-HD 01 Hand Deruster 01 Gal 64.00$ BELFOR-CIF Citrofix Lemon Scent Ounce 1.20$ BELFOR-LP 40 Light Preserver 40 Gal 88.00$ BELFOR-Concentrated Odor Counteractant & Smoke Elim. Gal 37.00$ BELFOR-MPP Metal Polishing Paste Ounce 19.00$ BELFOR-Extra Duty Cleaner Degreaser Gal 49.50$ BELFOR-NC CR Neutral Cleaner CR Gal 149.00$ BELFOR-Glass Cleaner Gal 19.50$ BELFOR-NK One Step Cleaner and Preserver (electrical) Pint 15.00$ BELFOR-Hand Cleaning Wipes Tub 50.00$ BELFOR-OC24 Organic Cleaner 24 Gal 64.00$ BELFOR-Multi-Enzyme Spotter-Deodorizor-Protector Gal 37.00$ BELFOR-OC62 Organic Cleaner 62 Gal 54.00$ BELFOR-Multi-Purpose Restroom Cleaner Gal 17.00$ BELFOR-O-SW Oil Black (Elect. Contacts Only) Ounce 41.00$ BELFOR-Oil Preserver Gal 56.00$ BELFOR-PM Polish Milk Ounce 13.00$ BELFOR-Quarry & Hard Tile Cleaner Gal 21.00$ BELFOR-SD 02 Sulfide Defroster Gal 64.00$ BELFOR-Rug & Upholstery/ Traffic & Bonnet Cleaner Gal 31.00$ BELFOR-WP Wax Preserver Gal 95.00$ Adhesive, Remover Can 18.00$ Nitric Acid, Ultra Pure Quart 187.00$ Alcohol, Isopropyl Gal 96.00$ Apron, Chemical Ea. 6.60$ Blocks, Odor Counteractant Ea. 9.00$ Arm Sleeves, Chemical Ea. 4.80$ Boot Covers, Latex Per Pair 13.00$ Arsenic Test Kit Per Test 6.60$ Brush, Scrub Ea. 14.00$ Bags, Anti Static Ea. 4.80$ Brushes, Pipe Ea. 37.00$ Brady Cards Ea. 8.80$
Brushes, Wire Small 5.50$ Lar ge 9.00$ Brush, Dispersion (Each) Small 5.50$ Lar ge 17.00$ Cleaner, Stainless Steel Can 19.00$ Brush, Non Conduct Ea. 13.00$ Disinfectant, Antimicrobial Gal 62.00$ Chloride Quick Test Strips Ea. 1.50$ Fogger, Thermo Deodorizer Gal 43.00$ Cleaning/ Decon Sticks Ea. 1.70$ Mop Heads Ea. 17.00$ Non-Conduct Scrubbers, Green (#7447) Box 34.00$ Pad, Floor Buffer Ea. 15.00$ Non-Conduct Scrubbers, Maroon (#96) Box 95.00$ Pad, Foam Scrubbing Pak 63.00$ Non-Conduct Scrubbers, White (#98) Box 57.00$ Sponge, Particulate Removal (1.5"x3"x6") Ea. 4.80$ Tape, Clean Room Roll 30.00$ Sponge, Particulate Removal (3/4"x3"x6") Ea. 2.40$ Wipes, Lint Free Pak 43.00$ Steel wool Ea. 1.30$ Wipes, Presaturated IPA/DI Pak 25.00$ Thinner, Paint/Mineral Spirits Gal 28.00$ Wipes, Standard Clean Room Pak 35.00$ Vapor Shark Membrane Ea. 64.00$ Wipes, Ultra Clean Room Pak 75.00$ Wipes, Cotton Cloth/Workshop Rags Lb. 6.60$
Wipes, Wipe All Pak 15.00$ ENVIRONMENTAL
Asbestos Glove Bag Ea. 41.00$
CONTENTS/PACK-OUT/STORAGE Breathing Air, Type K Bottle Ea. 67.00$ BELFOR-Fabric Protector Gal 48.00$ Cartridge, MSA Combination Ea. 84.50$ BELFOR-Lemon Oil Furniture Polish Gal 6.60$ Protective Suits (Acid) Ea. 102.00$ BELFOR-Liquid Laundry Detergent Gal 21.00$ Protective Suits (Level A, fully encapsulating) Ea. 1,901.00$ BELFOR-Premium Dish Detergent Quart 7.70$ Protective Suits (PolyPro Asbestos) Ea. 10.00$ Boxes, Book Ea. 6.60$ Protective Suits (Saranex Chemical) Ea. 37.00$ Boxes, Dish Pack Ea. 14.75$ Sorbent Boom Ea. 81.00$ Boxes, Slip Covers Ea. 3.60$ Sorbent Pad Ea. 11.50$ Bale 122.00$ Boxes, Wardrobe/Specialty Ea. 43.00$ Sorbent Pillows Ea. 31.00$ Boxes, 3 cf Ea. 9.50$ DRUMS
Boxes, 4.5 cf Ea. 11.25$ Drum, Steel / Poly Open Top, 55 Gallon Ea. 199.00$ Cloths, Masslinn Ea. 1.70$ Drum, Poly Overpack, 95 Gallon Ea. 283.00$ Foam Blocks Ea. 1.70$
Inventory Tags Ea. 1.70$ HVAC
Packing Paper,p er 100 sq ft Roll 23.00$ HVAC Air Blast Nozzle, Replacement Ea. 85.00$ Tape, Poly Box Roll 3.60$ HVAC Air Whip, Multi Head, Replacement Ea. 92.00$ Wrap, Bubble/Anti Static Roll 102.00$ HVAC Deodorizer 15oz 65.00$ Wrap, Stretch / 18"X 1500ft Roll 72.00$ HVAC Cleaner Degreaser Gal 42.00$ HVAC Closed Cell Foam Insulation Tape 1/8"x2"x30' Roll 42.00$ FILTERS HVAC Coil Cleaner Gal 60.00$
Filter, Charcoal (Carbon Activated) Ea. 79.00$ HVAC Collection Machine Filters (Pleated & Bag) Ea. 95.00$ Filter, HEPA Ea. 279.00$ HVAC Collection Machine HEPA Filter Ea. 465.00$ Filter, Pleated Ea. 25.00$ HVAC Duct Liner 1" - 3'x100' Roll 625.00$ Filter, Poly (Secondary) Ea. 8.80$ HVAC Duct Mastic Gal 42.00$ HVAC Insulation Repair Coating Gal 110.00$
SHEETING/PLASTIC/FLOOR PROTECTION HVAC HEPA Vac Collection Bag & Filter Protector Ea. 42.00$ Duct, Lay Flat (500') with hog rings Roll 565.00$ HVAC HEPA Vac Filters (Dacron Filter Bag & Impaction) Ea. 75.00$ Plastic Sheeting, 1.5 mil (24 x 200) Roll 53.00$ HVAC HEPA Vac HEPA Filter Ea. 410.00$ Plastic Sheeting, 3 mil (20 x 100) Roll 110.00$ HVAC Propane Fill Charge Cylinder 85.00$ Plastic Sheeting, 6 mil (20 x 100) Roll 225.00$ HVAC Rotary Brush Head, Replacement Ea. 155.00$ Plastic Sheeting, 6 mil-Fire Retardant / Anti Static (20 x 100) Roll 386.00$ HVAC Rotary Brush System, Replacement Core Ea. 85.00$ Plastic Sheeting, 6 mil-Fire Retardant-Black (20 x 100) Roll 479.00$ HVAC Sheetmetal Blank Ea. 24.00$ Plastic Sheeting, Carpet Protector Roll 99.00$ HVAC Sheetmetal Screw Box 100 26.00$ Ram Board,( 38" X 100') Roll 185.00$ HVAC Spray Adhesive Can 35.00$ Red Rosin Paper (200 ft. roll) Roll 30.00$ HVAC Unibit Ea. 99.00$ Scrim-Fire Rated (60'x100') Roll 2,988.00$ HVAC Vacuum Brush Head - Replacement Ea. 32.00$ Sticky Mat (26"x32") Ea. 108.00$
SHRINK WRAP SAFETY
Strapping, Woven HD LF 0.15$ Boots, Chemical PVC Per Pair 55.00$ Tape, Heat Shrink 2" Roll 20.00$ Dust Mask Ea. 2.40$ Tape, Heat Shrink 4" Roll 40.00$ Gloves, Cotton / Rubber Coated Cotton Per Pair 6.00$ Tape, Heat Shrink 6" Roll 59.00$ Gloves, Latex (Surgical) Box 100 50.00$ Wrap, Shrink, 7 mil (45' x 145") Roll 987.00$ Gloves, Leather Per Pair 9.90$ Wrap, Shrink, 12 mil (32' x 180") Roll 1,834.00$ Gloves, Nitrile Per Pair 22.00$ Gloves, Nylon Inspection Per Pair 0.60$
TAPE/ADHESIVE Protective Suits (Tyvek) Ea. 33.00$
Adhesive, Spray Can 9.00$ Respirator, N95 Ea. 13.00$ Tape, 2-way( 2" x 60') Roll 36.00$ Respirator, P100 Ea. 13.00$ Tape, Barricade-Banner Guard (Caution, Danger, etc…) Roll 34.00$ Respirator, HEPA + Particulate Replacement Filter Ea. 44.00$ Tape, Duct (2"x 60') Roll 9.00$ Respirator, HEPA Replacement Pancake Filter Ea. 10.00$ Tape, Global Roll 30.00$
Tape, Painters-blue/red Roll 10.00$
MISC
Disposable Decontamination Unit Ea. 504.00$
Encapsulant, Antifungicidal Gal 99.00$
Encapsulant, Antimicrobial (Zinsser) Gal 91.00$
Encapsulant, Soot Gal 53.00$
Fasteners, Misc / Lock & Hasp Ea. 36.00$
Floor Dry (40#) Bag 19.00$
Lock Box Ea. 55.00$
Soda, Soda Blaster Material Bag 43.00$
Zipper (containment) Ea. 14.00$
ITEMIZED SCHEDULED CONSUMABLES 3
The rates contained in this exhibit are exclusive of federal, state and local sales or use taxes and the costs associated with any applicable federal, state or local approvals, consents, permits, licenses and orders incident to performance of the work.
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AGREEMENT FOR CONTRACTOR SERVICES
J&M Leyva Enterprises Inc.
ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of June 10, 2025 by and between the City of Lake Elsinore , a municipal corporation (the “City”) and J&M Leyva Enterprises Inc., a Licensed General Contractor (the “Contractor”).
RECITALS
A. The City has determined that it requires the following services:
On-Call minor construction and repair services.
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated May 20, 2025, both of which are attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call and minor construction support on an as needed basis.
2. Time of Performance .
a. Time of Essence . Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor 's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work.
b. Performance Schedule . Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor , extensions to the time period(s) specified may be approved in writing by the City Manager .
c. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement , this Agreement shall continue in full force and effect for a period commencing on July 1, 2025 and ending June 30, 2028. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.
Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City.
3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference . In no event shall Contractor's annual compensation exceed One Hundred Thousand ($100,000 ) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed . Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor 's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks . At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Contractor’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Contractor’s prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same.
Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason , with or without cause, suspend or terminate this Agreement, or any portion hereof , by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement , unless the notice provides otherwise . If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this
Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein.
7. Plans, Reports, Documents
a. Ownership of Documents . All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third-party requests of Contractor shall be immediately referred to City, without any other actions by Contractor. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights , designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data, which were prepared by design professionals other than Contractor or provided, to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor . Contractor shall not, without the prior written consent of City, use such materials for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor, which is otherwise known to Contractor or is generally known, or has become known , to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia , photographs relating to project for which Contractor's services are rendered , or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
8. Contractor's Books and Records .
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period
required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor-in-interest.
9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner .
b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification . In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information , advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring ; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).)
12. Ability of Contractor . City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor 's field of expertise .
13. Compliance with Laws.
a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and/or its employees, officers, or board members. b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
14. Licenses . Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Contractor to practice its profession . Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession.
Contractor shall maintain a City of Lake Elsinore business license .
15. Indemnity . Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims , suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement , Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
16. Insurance Requirements .
a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies.
i. Workers' Compensation Coverage . Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California . In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change . The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000 ,000) per occurrence for bodily injury, personal injury and property damage . If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage . Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles , in an amount of not less than one million dollars ($1,000 ,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage . b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language :
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City,
its elected or appointed officers, officials, employees, agents and volunteers . Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers , officials, employees or agents . v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers .
vi. The insurance provided by this Policy shall not be suspended , voided , canceled , or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions . d. Certificates of Insurance . Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices . Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section .
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to:City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: J&M Leyva Enterprises Inc.
Attn: Javier Leyva
20671 Verta
Perris, Ca 92570
18. Assignment and Subcontracting . The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor .
Contractor shall be fully responsible to City for all acts or omissions of any subcontractors .
Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
21. Mediation . The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation . The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators . Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute . If the dispute remains unresolved after mediation, either party may commence litigation.
22. Prohibited Interests . Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination .
24. Prevailing Wages . Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000 , et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including , without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non- payment of prevailing wages under California law, and Contractor hereby agrees to defend,
indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts , each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto . In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart .
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor’s Proposal.
30. Amendments . This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney .
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
J&M Leyva Enterprises Inc. , a Licensed General
Contractor
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
By: Javier Leyva
Its: CEO
Attachments: Exhibit A – Contractor’s Proposal
EXHIBIT A
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
J&M Leyva Service and Pricing Guide
Directional Drilling (Bore)
Mobilization: $1,500/day
Scope: Bore for underground utilities
Feet Range Unit Price ($/ft)
1' - 50' 100
51' - 200' 95
201' - 500' 90
501' - 1,000' 80
Concrete Work (4-inch Slab)
Mobilization: $1,500/day
Scope: Concrete slab pouring
Square Feet Range Unit Price ($/sqft)
0' - 100' 35
101' - 250' 30
251' - 500' 25
Asphalt Paving (Grind and Cap)
Mobilization: $1,500/day
Square Footage Rate ($)
Up to 500 sqft 4,750 (Daily Rate)
501 sqft and more $15
Sign Services
Service Type Rate
Monument Sign Repair $105/hour
New Monument Sign Project-Based Pricing
Other Services
Mobilization: $1,500/day
Service Rate Description
Block Wall (8 ft) $336/linear ft (1 ft) Construction with rebar and footings
Curbs and Gutters $50/linear ft (1 ft) Installation of curbs and gutters
Tile Flooring $3.5/unit Tile flooring installation
including prep and cleaning
Custom Cabinets $532/linear ft (30 ft) Cabinetry installation for office or kitchen
Dry Wall $2.52/linear ft (8-10 ft
height)
Material and cleanup
Steel Framing $112/linear ft Steel framing installation and cleanup
Wood Framing $28/linear ft (8-10 ft) Cleanup and materials included
Trenching Project-Based Pricing Excavation for utilities, foundation work, or
drainage systems,
Communications
Paint $490/sqft Painting services
Waterproof Flooring $9.1/sqft Waterproof flooring
installation
Counter Top $51.8/sqft Countertop installation
23)
Minutes of the Regular Successor Agency Meeting of May 27, 2025 Approve the Minutes.
REPORT TO SUCCESSOR AGENCY
To: Honorable Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Candice Alvarez, MMC, Secretary
Date:June 10, 2025
Subject:Minutes of the Regular Successor Agency Meeting of May 27, 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:
May 27, 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 Meeting of the City Council was called to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE
Council Member Manos led the Pledge of Allegiance.
ROLL CALL
Present: 5 - Council/Agency Members Manos, Sheridan, and Johnson; Mayor Pro Tem/Vice Chair Magee; and Mayor/Chair Tisdale
Absent: 0 - None
PRESENTATIONS/CEREMONIALS
1) Business in Action Monthly Spotlight – Skydive Elsinore
Recognize Skydive Elsinore as the City of Lake Elsinore’s Business in Action Monthly Spotlight for May 2025.
Mayor Tisdale presented the Certificate to Josh Hall and Karl Gulledge.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
April Watkins was called to speak.
City Council Minutes - Draft May 27, 2025
City of Lake Elsinore Page 2
CITY COUNCIL CONSENT CALENDAR
A motion was made by Council Member Johnson, seconded by Council Member Manos to approve the City Council Consent Calendar with Item No. 14 being removed for discussion. The motion carried by the following vote:
Aye: 5 Council Member Manos, Mayor Tisdale, Council Member Johnson, Mayor Pro Tem Magee, Council Member Sheridan
Nay: 0 None
2) Minutes of the Regular City Council Meeting of May 13, 2025
Approve the Minutes.
This item was approved on the City Council Consent Calendar.
3) CC Warrant Report Dated April 21, 2025 to April 27, 2025
Receive and File.
This item was approved on the City Council Consent Calendar.
4) CC Warrant Report Dated April 28, 2025 to May 04, 2025
Receive and File.
This item was approved on the City Council Consent Calendar.
5) CC Warrant Report Dated May 05, 2025 to May 11, 2025
Receive and File.
This item was approved on the City Council Consent Calendar.
6) CC Investment Report for April 2025
Receive and file the Investment Report for April 2025.
This item was approved on the City Council Consent Calendar.
7) Second Reading of an Ordinance Amending and Restating Title 5, Chapter 5.31 of the Lake Elsinore Municipal Code to Provide for More Effective Code Enforcement Regarding Sidewalk Vending
Adopt by title only and waive further reading of AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING TITLE 5, CHAPTER 5.31 OF THE LAKE ELSINORE MUNICIPAL CODE
TO PROVIDE FOR MORE EFFECTIVE CODE ENFORCEMENT REGARDING SIDEWALK VENDING.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft May 27, 2025
City of Lake Elsinore Page 3
8) Amendment No. 2 to the Agreement with Area 63 Productions, LLC for On-call Training and RV Repair Services
Approve and authorize the City Manager to execute Amendment No. 2 to the agreement with Area 63 Productions, LLC to increase compensation from $125,000 to an amount not to exceed $175,000 for On-Call Training and RV Repair Services in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $17,500 for uncertainties.
This item was approved on the City Council Consent Calendar.
9) Annexation No. 25 Into Community Facilities District No. 2015-2 (Maintenance Services) for TTM 33725 and 25475 (Tuscany Valley & Tuscany Crest)
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF
THE CITY OF LAKE ELSINORE, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 25) AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN.
This item was approved on the City Council Consent Calendar.
10) Lake Elsinore Community Facilities District No. 2015-1 (Safety Services) Declaring Its Intention to Consider Annexing Territory TTM 34249 Annexation No. 15
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES),
DECLARING ITS INTENTION TO CONSIDER ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES).
This item was approved on the City Council Consent Calendar.
11) Annexation No. 23 Into Community Facilities District No. 2015-2 (Maintenance Services) for TTM 34249 (Canyon Hills Heights)
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF THE CITY OF
LAKE ELSINORE, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 23) AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft May 27, 2025
City of Lake Elsinore Page 4
12) Intention to Establish Community Facilities District No. 2025-1 of the City of Lake Elsinore (Canyon Hills Heights)
1. Adopt A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2025-1 OF THE CITY OF LAKE ELSINORE (CANYON HILLS
HEIGHTS), TO AUTHORIZE THE LEVY OF A SPECIAL TAX TO PAY THE
COSTS OF ACQUIRING OR CONSTRUCTING CERTAIN FACILITIES AND TO PAY DEBT SERVICE ON BONDED INDEBTEDNESS; and
2. Adopt A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY
OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO INCUR BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $14,000,000 WITHIN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2025-1 OF THE CITY OF LAKE ELSINORE (CANYON HILLS HEIGHTS).
This item was approved on the City Council Consent Calendar.
13) Professional Services Agreement with Deckard Technologies, Inc. for Short- Term Rental Monitoring, Compliance, and Tax Collection Services
Approve and authorize the City Manager to execute an agreement with Deckard Technologies, Inc. in an annual amount not to exceed $12,022.50 for Short Term Rental Monitoring, Compliance and Tax Collection Services in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency for uncertainties and adjustments.
This item was approved on the City Council Consent Calendar.
14) Special Event Procedures
Receive and file the Special Event Procedures.
This item was removed from the City Council Consent Calendar for discussion.
15) Award of a Public Works Construction Agreement to Endresen Development Inc. for replacing the lateral sewer Lines at The Anchor (CIP Project No. Z20032)
Approve and authorize the City Manager to execute a Public Works Construction Agreement with Endresen Development Inc. in an amount not to exceed $168,995.00 for the construction of the main sewer lateral lines at The Anchor, in such final form as approved by the City Attorney; authorize the City Manager to execute change orders not to exceed the 10% contingency amount of $16,899.50; and authorize the City Clerk to record the Notice of Completion once work is completed.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft May 27, 2025
City of Lake Elsinore Page 5
16) Amendment No. 2 to the Professional Services Agreement Between the City and Engineering Resources of Southern California, Inc. (ERSC) for the Civil Engineering Services of the New City Hall Project (CIP Project Z20006)
Approve and authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Engineering Resources of Southern California, Inc. (ERSC) for a total amount not to exceed $144,642.00 in such final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
17) Agreement with City Net for Supportive Services and Management of The Anchor
Approve and authorize the City Manager to execute a Professional Services Agreement with City Net for Supportive Services and Management of The Anchor in an amount not to exceed $766,000 per fiscal year and extending the term in such final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
18) Professional Services Agreement with Mullin 360 Real Estate Services, LLC for an Auto Assessment and Net Growth Demand Analysis
Approve and authorize the City Manager to execute an agreement/contract with Mullin 360 in an amount not to exceed $86,000 for an Auto Assessment and Net Growth Demand Analysis in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $8,600 for uncertainties and adjustments.
This item was approved on the City Council Consent Calendar.
19) Energy Efficiency-light Emitting Diode (LED) Fixture Replacement Agreement with Southern California Edison (SCE)
Approve and authorize the City Manager to execute an Agreement with SCE to convert SCE-owned fixtures in the City of Lake Elsinore to LED fixtures in such final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
20) Award a Contractor Services Agreement to Aneen Construction, Inc. for the Annual Curb, Gutter & Sidewalk Repair Program (CIP Project No. Z10067)
Approve and authorize the City Manager to execute the Contractor Services Agreement with Aneen Construction, Inc. for an amount not to exceed $800,000.00 per fiscal year in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $80,000.00 for unanticipated costs.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft May 27, 2025
City of Lake Elsinore Page 6
21) Agreement with Yesco for Installation of 12 Flood Fixtures at Gediman Square Parking Lot (CIP Project #Z20005)
Approve and authorize the City Manager to purchase from Yesco for an amount not to exceed $38,282.97 and by way of an agreement in the form approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $3,828.00 for unanticipated costs.
This item was approved on the City Council Consent Calendar.
ITEM REMOVED FROM THE CITY COUNCIL CONSENT CALENDAR FOR DISCUSSION
14) Special Event Procedures
Receive and file the Special Event Procedures.
A motion was made by Council Member Johnson, seconded by Mayor Pro Tem Magee to receive and file the Special Event Procedures. The motion carried by the following vote:
Aye: 3 Council Member Johnson, Mayor Pro Tem Magee, and Mayor Tisdale Nay: 2 Council Members Manos and Sheridan
SUCCESSOR AGENCY CONSENT CALENDAR
A motion was made by Council Member Manos, seconded by Council Member Johnson to approve the Successor Agency Consent Calendar. The motion Carried by the following vote:
Aye: 5 Agency Members Manos, Sheridan, and Johnson; Vice Chair Magee; and Chair Tisdale
Nay: 0 None
22) Minutes of the Regular Successor Agency Meeting of May 13, 2025
Approve the Minutes.
This item was approved on the Successor Agency Consent Calendar.
23) SA Warrant Report Dated April 21, 2025 to April 27, 2025
Receive and File.
This item was approved on the Successor Agency Consent Calendar.
24) SA Warrant Report Dated April 28, 2025 to May 04, 2025
Receive and File.
This item was approved on the Successor Agency Consent Calendar.
City Council Minutes - Draft May 27, 2025
City of Lake Elsinore Page 7
25) SA Warrant Report Dated May 05, 2025 to May 11, 2025
Receive and File.
This item was approved on the Successor Agency Consent Calendar.
26) SA Investment Report for April 2025
Receive and file the Investment Report for April 2025.
This item was approved on the Successor Agency Consent Calendar.
27) Purchase of the OmniDeck Stadium Turf Protection System from Signature Systems for the Diamond Stadium Capital Repairs and Replacement Project.
Approve and authorize the Executive Director to purchase a complete OmniDeck Stadium Turf Protection System for $98,589.75 from Signature Systems for the Diamond Stadium Capital Repairs and Replacement Project. Waive the formal bidding process per Municipal Code Section 3.08.070(G) for the purchase from Signature Systems since we have already purchased the original package in 2022. We are adding additional square footage to cover the newly installed grass.
This item was approved on the Successor Agency Consent Calendar.
28) Change Order No. 1 to the Purchase Order of Decomposed Granite (DG) with Tri- State Materials & Landscape Supplies for the Lake Elsinore Diamond Stadium
Approve and authorize the Executive Director to execute Change Order No. 1 with Tri- State Materials & Landscape Supplies for additional Decomposed Granite (DG) in the amount of $2,400.00 in such final form as approved by the Agency Attorney.
This item was approved on the Successor Agency Consent Calendar.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - THREE MINUTES
There were no speakers.
CITY ATTORNEY COMMENTS
Assistant City Attorney Mann had no comments.
CITY MANAGER'S COMMENTS
Assistant City Manager Buckley had no comments.
City Council Minutes - Draft May 27, 2025
City of Lake Elsinore Page 8
CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED
Council Member Sheridan reported on his attendance at the Riverside Transit Agency Board of Directors meeting on May 22, 2025 and announced that the Transportation Now meeting will be held on May 28, 2025; announced that youth ride Riverside Transit Agency buses free through December 31, 2026; shared that an HOA Fire Assessment meeting was held at Westridge at Canyon Hills on May 21, 2025; invited the community to participate in the Kids’ Ride Into Nature Car Show on Saturday, May 31, 2025 from 10:00 a.m. – 3:00 p.m. at Marna O’Brien Park in Wildomar; shared upcoming promotions hosted by the Lake Elsinore Storm at Diamond Stadium; and shared a photo at Main Street Kitchen and Tap of Main Street on Memorial Day on Thursday, May 30, 1940.
Council Member Manos reported that he was unable to attend the Riverside County Habitat Conservation Agency Committee meeting this month.
Council Member Johnson congratulated Skydive Elsinore and Elsinore High School baseball team for winning the semi-finals for their division and for heading to the CIF; reported on her attendance at the Animal Friends of the Valleys Animal Shelter meeting and shared statistics on shelter operations in 2024; and shared photos from Elsinore and Temescal Canyon High Schools’ Scholarship Nights and congratulated Carl Graves’ Scholarship Awardees.
Mayor Pro Tem Magee thanked the Community Services Department and Chamber of Commerce for their work on the Fishing Derby; reported on his attendance at the Riverside County Transportation Commission meeting on May 14, 2025; invited the community to participate in the Just 4 Kids Fishing Derby from 7:30 – 10:30 a.m. on Saturday, June 7, 2025 at the Lake Elsinore Levee; invited the community to attend the San Diego SCCA Chapter Autocross event at Lake Elsinore Diamond Stadium on June 7-8, 2025; and announced the Southern California Sand Drag Association’s Challenge Points Series September 26-28, 2025 at the Lake Elsinore Motorsports Park.
Mayor Tisdale advised that the Northwest Mosquito and Vector Control District Multiple Unmanned Aerial Systems (UAS) Treatments took place on May 27, 2025; announced the grand opening of Beignet Spot in Lake Elsinore; shared photos of his and Council Member Johnson’s attendance at Rice Canyon Elementary School’s Memorial Flag Friday; reported on the City’s participation at the International Council of Shopping Centers convention; invited small business owners to attend America’s SBDC California workshop on “Using Google to Grow My Business” from 10:00 a.m. – noon on Wednesday, June 4, 2025 at the Lake Elsinore Cultural Center; and shared important dates pertaining to the June 24, 2025 Special Election for Assembly District 63.
ADJOURNMENT
The Lake Elsinore City Council adjourned at 7:44 p.m. to the next Regular meeting of Tuesday, June 10, 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.
24)
SA Warrant Report Dated May 12, 2025 to May 18, 2025
Receive and file.
REPORT TO SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
To:Honorable Agency Chair and Members of the Successor Agency From:Jason Simpson, Executive Director
Prepared by:Shannon Buckley, Assistant Executive Director Date:May 27, 2025
Subject:SA Warrant Report Dated May 12, 2025 to May 18, 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
MAY 12, 2025 TO MAY 18, 2025 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III 101,464.10 $
540 SARDA DIAMOND STADIUM 293,627.87
GRAND TOTAL 395,091.97 $
Attachment 1 1 OF 1
MAY 12, 2025 TO MAY 18, 2025 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA25002205 LAKE ELSINORE STORM, LP 100,655.60 $
APA25002213 RP LANDSCAPE & IRRIGATION 57,528.71
APA25002215 SUNBELT RENTALS, INC. 658.50
APA25002218 UNITED CARPORTS, LLC 210,862.00
APA25002221 VILLAGE EQUIPMENT RENTALS, INC. 150.00
9156 AK SECURITY ALARM LLC 1,074.56
9172 PROSTAFF, LLC 13,125.00
9184 WEST COAST TURF 11,037.60
GRAND TOTAL 395,091.97 $
Attachment 2 1 OF 1
25)
SA Warrant Report Dated May 19, 2025 to May 25, 2025
Receive and file.
REPORT TO SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
To:Honorable Agency Chair and Members of the Successor Agency From:Jason Simpson, Executive Director
Prepared by:Shannon Buckley, Assistant Executive Director Date:June 10, 2025
Subject:SA Warrant Report Dated May 19, 2025 to May 25, 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
MAY 19, 2025 TO MAY 25, 2025 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
540 SARDA DIAMOND STADIUM 93,954.00 $
GRAND TOTAL 93,954.00 $
Attachment 1 1 OF 1
MAY 19, 2025 TO MAY 25, 2025 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA25002240 COTTER CONSTRUCTION, INC. 92,000.00 $
9188 AK SECURITY ALARM LLC 1,954.00
GRAND TOTAL 93,954.00 $
Attachment 2 1 OF 1
26)
Amendment No. 1 to the Agreement with RP Landscape & Irrigation, Inc. for Additional Maintenance Services at Lake Elsinore Diamond Stadium Approve and authorize the Executive Director to execute Amendment No. 1 to the Agreement with RP Landscape & Irrigation, Inc. to increase compensation by an additional $44,000.00 for an amount not to exceed $192,822.16 for additional maintenance services at Lake Elsinore Diamond Stadium in such final form as approved by the Agency Attorney.
REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY
OF LAKE ELSINORE
To:Honorable Chair and Members of the Successor Agency
From:Jason Simpson, Executive Director
Prepared by:Rick De Santiago, Public Works Manager
Date:June 10, 2025
Subject:Amendment No. 1 to the Agreement with RP Landscape & Irrigation, Inc. for Additional Maintenance Services at Lake Elsinore Diamond Stadium Recommendation
Approve and authorize the Executive Director to execute Amendment No. 1 to the Agreement with RP Landscape & Irrigation, Inc. to increase compensation by an additional $44,000.00 for an amount not to exceed $192,822.16 for additional maintenance services at Lake Elsinore Diamond Stadium in such final form as approved by the Agency Attorney.
Background
The Agency must comply with certain obligations consistent with the Recognized Enforceable Obligations and applicable Stadium agreements. RP Landscape & Irrigation currently provides these services at Lake Elsinore Diamond Stadium. The initial maintenance included the removal of the existing rock and mulch around the perimeter at Lake Elsinore Diamond Stadium and replace it with 4 inches of DG and decorative rock. The inner 8-foot perimeter will be covered with 3/8-inch decorative rock, while the areas from the rock to the sidewalk will be covered with Red DG. The areas from the sidewalks to the curb will be covered with infield mixed color DG.
Discussion
Amendment No. 1 is needed to cover additional maintenance services which includes the removal of 4 inches of topsoil around the stadium perimeter, approximately 1,100 yards or 1,500 tons, as well as the disposal of dirt and mulch and the spreading of red DG, cleaning of the DTR concrete area, and additional equipment rental for prolonged mulch and dirt removal which were not included in the original quote. $44,000.00 is being requested to cover these additional necessary improvements through the end of the fiscal year.
Amendment No. 1 with RP Landscape
1 8
9 8
Fiscal Impact
The funding is available in the Fiscal Year 2024-25 ROPS.
Attachments
Attachment 1 - Amendment No. 1
Exhibit A - Invoice #10894
Attachment 2 - Original Agreement
Public Works
3 8
9 5
2 AMENDMENT NO. 1
TO AGREEMENT FOR CONTRACTOR SERVICES
RP Landscape & Irrigation, Inc.
Landscape Improvements at Lake Elsinore Diamond Stadium This Amendment No. 1 to the Agreement for On-Call Services is made and entered into as of 6/10/2025, by and between the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore (“Agency), and RP Landscape & Irrigation, Inc., a (“Contractor”).
RECITALS
A. The Agency and Contractor have entered into that certain Agreement for on-call services dated as of 6/11/2024, (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 One Hundred Forty-Eight Thousand Eight Hundred Twenty-Two dollars and Sixteen Cents ($148,822.16).
C. The Original Agreement provided that the agreement “shall continue until the services and related work are completed in accordance with the Contractor’s Proposal.” D. The parties now desire to amend the agreement and increase the payment for such services as set forth in this Amendment No. 1.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, Agency 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 One Hundred Ninety-Two Thousand Eight Hundred Twenty-Two and Sixteen cents ($192,822.16) without additional written authorization from the Agency Board.
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.
“AGENCY” “CONTRACTOR”
Successor Agency of the Redevelopment
Agency of the City of Lake Elsinore RP Landscape & Irrigation, Inc.
Jason Simpson, Executive Director Roy Perez, Owner
Date: Date: __
ATTEST:
Agency Secretary
APPROVED AS TO FORM:
Agency Counsel
Assistant Executive Director
Attachments: Exhibit A – Contractor’s Proposal
RP LANDSCAPING
CITY FACILITIES and LLMD INVOICE SUMMARY
VENDOR NUMBER: 2743
INVOICE NUMBER: 10894
DESCRIPTION:
--
-
ACCOUNT NUMBER
540-4120-5605 220003
- - -
I
--
tL �
SUPERVISOR/LEAD APPROVAL
PO NUMBER: FY25-00024
INVOICE DATE: 4/29/2025
Landscape/Irrigation Maintenance
l.lr1• I •.n.J..G1A •• L'J 11)
DESCRIPTION AMOUNT
Diamond Stadium landscape $44,000.00
- - - - -
TOTAL: f -$ 44,000.00
APPROVAL DATE
Page2oi'2
INVOICE
RP Landscape & Irrigation
275 S G St
San Bernardino, CA 9241 o
Bill to
City of Lake Elsinore
Finance Department
130 S Main Street
Lake Bsinore, CA 92530
Invoice details
Invoice no.: 1 0894
Terms: Due on receipt
Invoice date: 04/29/2025
Due date: 05/31/2025
[email protected]
909-889-9987
A COMPLETE LANDSCAPE SERVICE
oorn,@�o�®
MA'< - 2 2025
Bu· ·•••••••··••··•••I , • ••••
Ship to
City of Lake Elsinore
Stadium DG Installation
Job Site: Stadium DG Installation
REGEIVE0
MAY O l REC'C
ACCOL,NTS PAYABLE
# Date Product or service Description Qty Rate Amount
1. Remove 4 inches of top soil around
perimeter of the stadium.
Approximately 1,100 yards or 1,500
tons.
Haul away and dispose of dirt.
Remove mulch and soil from Brewery.
Spread Red DG and clean brewery
concrete area.
Additional equipment rental for
prolonged mulch removal and
additional dirt removal not included in
quote.
Mulch removal completed in October
2024.
Dirt removal completed in December
2024
DG provided in last week of March and
first week in April
Mow curb completed after 3/28
2. Labor Total Materials & Labor 1 $44,000.00 $44,000.00 Total $44,000.00
3 7
5 0
2 AGREEMENT FOR CONTRACTOR SERVICES
RP Landscape & Irrigation, Inc.
Landscape Improvements at Lake Elsinore Diamond Stadium This Agreement for Contractor Services (the “Agreement”) is made and entered into as of June 11, 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 (the “Agency”) and RP Landscape & Irrigation, Inc., a corporation ("Contractor").
RECITALS
A. The Agency has determined that it requires the following contractor services:
Remove and replace existing rock and mulch with decorative rock and decomposed granite.
B. Contractor has submitted to Agency a proposal, dated March 26, 2024, attached hereto as Exhibit A (“Contractor’s Proposal”) and incorporated herein, to provide contractor services to Agency 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. Agency 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 Agency 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 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 Executive Director .
DocuSign Envelope ID: A23C3C76-BF26-4695-BE3C-AE00A4739ACE
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2 c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Contractor’s Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractors’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor’s compensation exceed one hundred forty-eight thousand eight hundred twenty-two dollars and sixteen cents ($148,822.16) without additional written authorization from the Agency. 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 Agency under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the Agency at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the Agency 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 Agency 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. Agency 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 Agency makes a reasonable determination that any of Contractor’s prospective or then current personnel is deemed objectionable, then the Agency 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 Agency 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 Agency 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 Agency 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 Agency. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the Agency, pursuant to Section entitled "Method of Payment" herein.
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2 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 Agency upon payment to Contractor for such work, and the Agency 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 Agency upon written request. Agency 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 Agency, without any other actions by Contractor.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for Agency 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 Agency 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 Agency . Agency 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 Agency'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 Agency, 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 Agency '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 Agency.
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 Agency 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.
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2 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 Executive Director, Agency Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the Agency 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 Agency has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, Agency may, by written request by any of the above-named officers, require that custody of the records be given to the Agency 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 Agency 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 Agency 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 Agency. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against Agency, or bind Agency 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 Agency, including but not limited to eligibility to enroll in PERS as an employee of Agency and entitlement to any contribution to be paid by Agency 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 Agency, Contractor shall indemnify, defend, and hold harmless Agency 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 Agency.
11. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or DocuSign Envelope ID: A23C3C76-BF26-4695-BE3C-AE00A4739ACE
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2 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 Agency or of any Agency official, other than normal agreement monitoring ; and b. possesses no authority with respect to any Agency decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).)
12. Ability of Contractor . Agency 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 Agency 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 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 .
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2 15. Indemnity . Contractor shall indemnify, defend, and hold harmless the Agency 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 Agency 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 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.
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 Agency at least thirty (30) days prior to such change . The insurer shall agree to waive all rights of subrogation against Agency, 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. 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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2 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 Agency and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the Executive Director and Agency 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 Agency , its elected or appointed officers, officials, employees, agents and volunteers . Any insurance maintained by the Agency , including any self-insured retention the Agency 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, 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, 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. 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.
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2 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 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: RP Landscape & Irrigation, Inc.
Attn: Roy Perez
275 South G Street
San Bernardino, CA 92410
18. Assignment and Subcontracting . The parties recognize that a substantial inducement to Agency for entering into this Agreement is the reputation, experience and competence of Contractor . Contractor shall be fully responsible to Agency 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 Agency.
Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the Agency . If Agency consents to such subcontract, Contractor shall be fully responsible to Agency for all acts or omissions of those subcontractors.
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.
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.
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2 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, 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.
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 Agency, 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 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.
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 DocuSign Envelope ID: A23C3C76-BF26-4695-BE3C-AE00A4739ACE
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2 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 Agency and approved as to form by the Agency Attorney .
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
Executive Director
ATTEST:
Agency Clerk
APPROVED AS TO FORM:
Agency Attorney
Assistant Executive Director
“CONTRACTOR”
RP Landscape & Irrigation, Inc. a Corporation
By: Roy Perez
Its: Owner
Attachments: Exhibit A – Contractor’s Proposal
DocuSign Envelope ID: A23C3C76-BF26-4695-BE3C-AE00A4739ACE
EXHIBIT A
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
DocuSign Envelope ID: A23C3C76-BF26-4695-BE3C-AE00A4739ACE
ESTIMATE
RP Landscape & lrrigation [email protected]
275 SG St 909-889-9987
San Bernardino. CA 92410
City of Lake Elsinore
Bill to
City of Lake Elsinore
Finance Department
130 S Mdn Street
Lake Elsinore, CA 92530
Ship to
City of Lake Elsinore
Storm Stadium
Lake Elsinore, CA
Estimate details Job Site: Storm Stadium Dg & Rock
Estimate no.: 1064
Esti mate dale: 03 /26 /2024
# Date Product or service
1. Qty Rate Amount
$0.00
Here is the price to remove rock and mulch around the perimeter of the Storm Stadium and replace it with 4" of rock and DG. lnner 8' perimeter will be 3/8 rock, areas from rock to the sidewalk will be Red DG and areas from the sidewalk to the curb will be lnfield Mix DG.
All materials will be locally sourced. See Picture of color scheme.
All laterals will be capped at the valves minus valves watering perimeter for palms.
Labor
Total Materials & Labor
1 $148,822.16 $148.822.16
Total $148,822.16
DocuSign Envelope ID: A23C3C76-BF26-4695-BE3C-AE00A4739ACE 01/08/2024
Central City Insurance Agency, Inc.
1030 Nevada Street
Suite 106
Redlands CA 92374
Patricia Wagner,CIC,CISR
(909) 307-6076 (909) 798-4107
[email protected]
Roy Perez dba R P Landscape & Irrigation
P.O. Box 1200
San Bernardino CA 92402
Scottsdale Ins Co 41297
Palomar Specialty Insurance Company 20338
2022-2023
A Deductible 1,000 per claim Y Y CPS7881367 10/19/2023 10/19/2024 2,000,000
100,000
5,000
2,000,000
4,000,000
4,000,000
Not Provided by our Agency
Theft Prevention
Authority Charge
B Y Y PSIC12300-03 01/10/2024 01/10/2025
1,000,000
1,000,000
1,000,000
The City, 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. and are named as Additonal Insured per Blanket Additional Insured endorsement GLS150s 07 06 Primary and Non Contributory applies per endorsement CG 20 01 12-19, Waiver of Subrogation for General Liability applies per endorsement CG 24 53 12 19 30 day notice for cancellation, 10 day notice for cancellation by non-payment City of Lake Elsinore
521 N Langstaff Street
Lake Elsinore CA 92530
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)
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CITY OF LAKE ELSINORE
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Business Name:
Business Location:
Owner Name(s):
BUSINESS LICENSE NO.
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BUSINESS LICENSE
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1905 W RIALTO AVE Business Type:
SAN BERNARDINO, CA 92410-1618
RP LANDSCAPE & IRRIGATION
PO BOX 1200
SAN BERNARDINO, CA 92402-1271
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Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951 ) 674-3124
RP LANDSCAPE & IRRIGATION
ROY PEREZ
LANDSCAPING CONTRACTOR
025530
12/1/2023 11/30/2024
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Assembly Bill 2561/Government Code Section 3502.3 Regarding Vacancies, Recruitment, and Retention Efforts
Receive and file the informational report on City of Lake Elsinore vacancies, recruitment, and retention efforts in compliance with Assembly Bill 2561/Government Code Section 3502.3.
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:June 10, 2025
Subject:Assembly Bill 2561/Government Code Section 3502.3 Regarding Vacancies, Recruitment, and Retention Efforts
Recommendation
Receive and file the informational report on City of Lake Elsinore vacancies, recruitment, and retention efforts in compliance with Assembly Bill 2561/Government Code Section 3502.3.
Background
Assembly Bill 2561/Government Code Section 3502.3, effective January 1, 2025, requires the City of Lake Elsinore to hold at least one public hearing per fiscal year to discuss vacancies, recruitment, and retention efforts. This new legislation was enacted to address the growing concern of high vacancy rates in local public agencies across California. This public hearing ensures compliance with the new law and will continue each fiscal year before the adoption of the final budget.
Discussion
To comply with this legislation, the City must provide an annual informational report on vacancies, recruitment, and retention efforts.
The City has invited the LIUNA Local 777 (LIUNA) bargaining unit to make presentations during the public hearing, as allowed under GC 3502.3(b), although their participation remains optional.
If the City has a vacancy rate of 20 percent or higher for authorized full-time positions in any single bargaining unit, additional reporting is required under Government Code 3502.3(c), including vacancy numbers, applicant statistics, hiring process timelines, and opportunities for improvement. As of May 21, 2025, the City's bargaining unit maintains healthy staffing levels, with vacancy rates not exceeding 20 percent.
AB 2561 Vacancies, Recruitment, and Retention
Vacancies (May 2025):
•UNION: 10% (7 of 73 FTE positions)
•Non-represented: 0% (0 of 43 FTE positions)
•City Overall: 6% (7 of 116 FTE positions)
Throughout fiscal year 2023-2024, the City maintained an average vacancy rate of 8% across the entire organization. By employee group, the average vacancy rates were:
•UNION: 6% (compared to 9% in May 2025)
•Non-represented: 10% (compared to 0% in May 2025)
This rate is calculated monthly by dividing the number of vacant positions by the total number of authorized positions.
While Personnel Rules establish baseline employment conditions, represented employees in LIUNA are governed by the respective Memoranda of Understanding (MOU), which supersede or modify the Personnel Rules.
Recruitment
The City of Lake Elsinore employs a merit-based recruitment process that strikes a balance between thoroughness and efficiency. The process includes strategic job posting through multiple channels (examples provided in Attachment B) and the following steps:
•Two-tier application screening to verify qualifications and identify top candidates •Structured panel interviews, including subject matter experts, with standardized evaluation criteria
•Final interviews with hiring managers to assess departmental fit and work style compatibility
•Comprehensive background and reference checks before job offers •12-month probationary period for new hires
All represented positions transition from at-will to regular status, with appropriate due process protections, after the successful completion of probation.
Retention Efforts
The City values its employees and continues to focus on retention through a multifaceted approach that creates an environment encouraging longevity. The current average tenure at the City of Lake Elsinore is 13 years, and the longest-serving employee has been with the City for
23.75 years. The City's strategy includes work-life balance with 9/80 schedules, competitive compensation, professional development opportunities, and meaningful recognition practices. A complete listing of the City's retention efforts is provided in Attachment C, demonstrating our commitment to maintaining a workplace where employees feel valued and build long-term careers.
AB 2561 Vacancies, Recruitment, and Retention
Fiscal Impact
The proposed public hearing does not impose direct financial obligations on the City of Lake Elsinore.
Attachments
Attachment 1- City Authorized Schedule
Attachment 2 - Recruitment Channel Examples
Attachment 3 - Retention Efforts
City Manager's Office
AUTHORIZED
FY24-25 CHANGES
AUTHORIZED
FY25-26
MONTHLY
LOW RANGE
MONTHLY
HIGH RANGE
CITY COUNCIL
Council Member Total 5.00 - 5.00 1,600$ 1,600$
CITY TREASURER
City Treasurer Total 1.00 - 1.00 150$ 150$
COMMUNITY SUPPORT
Director of Community Support (Unfunded) 1.00 - 1.00 13,001$ 16,593$ Assistant Director of Community Support - 1.00 1.00 12,460$ 15,902$ Community Support Manager 1.00 (1.00) - 11,500$ 14,678$ Senior Management Analyst (Unfunded) 1.00 - 1.00 8,390$ 10,709$ Management Analyst 1.00 - 1.00 6,934$ 8,850$ Administrative Assistant (Unfunded) 1.00 - 1.00 4,964$ 6,335$ Total 5.00 - 5.00
CITY CLERK
PUBLIC SAFETY ADVISORY COMMITTEE
PSAC Commissioner - PT Total 5.00 - 5.00 100$ 100$
CITY CLERK
City Clerk 1.00 - 1.00 12,609$ 16,093$ Deputy City Clerk 1.00 - 1.00 6,554$ 8,365$ Administrative Assistant 1.00 - 1.00 4,964$ 6,335$ Total 3.00 - 3.00
CITY MANAGER
City Manager 1.00 - 1.00 27,295$ 27,295$ Assistant City Manager 1.00 - 1.00 17,637$ 22,510$ Executive Assistant II 1.00 - 1.00 6,506$ 8,304$ Executive Assistant I 1.00 - 1.00 5,409$ 6,903$ Total 4.00 - 4.00
ADMINISTRATIVE SERVICES
FINANCE
Director of Administrative Services (Unfunded) 0.33 - 0.33 13,001$ 16,593$ Assistant Director of Administrative Services 0.33 - 0.33 12,460$ 15,902$ Finance Manager 1.00 - 1.00 11,500$ 14,678$ Fiscal Officer 1.00 - 1.00 9,014$ 11,505$ Senior Accountant (1 Unfunded) 2.00 - 2.00 8,390$ 10,709$ Accountant I (1 Unfunded) 2.00 - 2.00 6,934$ 8,850$ Account Specialist III 1.00 - 1.00 5,583$ 7,125$ Account Specialist II (1 Unfunded) 2.00 - 2.00 5,409$ 6,903$ Total 9.66 - 9.66
HUMAN RESOURCES
Director of Administrative Services (Unfunded) 0.33 - 0.33 13,001$ 16,593$ Assistant Director of Administrative Services 0.33 - 0.33 12,460$ 15,902$ Human Resources Manager 1.00 - 1.00 11,500$ 14,678$ Senior Human Resources Specialist - 1.00 1.00 7,505$ 9,578$ Human Resource Specialist 1.00 - 1.00 6,520$ 8,321$ Payroll Specialist 1.00 (1.00) - 6,520$ 8,321$ Total 3.66 - 3.66
PUBLIC SAFETY
FIRE PREVENTION
Deputy Fire Marshal (Unfunded) 1.00 (1.00) - 11,500$ 14,678$ Administrative Assistant (Unfunded) 1.00 (1.00) - 4,964$ 6,335$ Total 2.00 (2.00) -
EMERGENCY SERVICES
Emergency Services Manager 1.00 - 1.00 11,500$ 14,678$ Total 1.00 - 1.00
COMMUNITY DEVELOPMENT
PLANNING COMMISSION
Planning Commissioner - PT Total 5.00 - 5.00 300$ 300$
PLANNING & ZONING
Director of Community Development 1.00 - 1.00 13,001$ 16,593$ Assistant Director of Community Development (Unfunded) 1.00 - 1.00 12,460$ 15,902$
CITY OF LAKE ELSINORE, CALIFORNIA
SCHEDULE OF AUTHORIZED POSITIONS
FOR FISCAL YEAR 2025-2026
AUTHORIZED
FY24-25 CHANGES
AUTHORIZED
FY25-26
MONTHLY
LOW RANGE
MONTHLY
HIGH RANGE
CITY OF LAKE ELSINORE, CALIFORNIA
SCHEDULE OF AUTHORIZED POSITIONS
FOR FISCAL YEAR 2025-2026
Planning Manager (Unfunded) 1.00 - 1.00 11,500$ 14,678$ Principal Planner (1 Unfunded) 2.00 - 2.00 10,193$ 13,009$ Cannabis Coordinator (Unfunded) 1.00 (1.00) - 10,193$ 13,009$ Senior Planner (Unfunded) 1.00 - 1.00 8,286$ 10,576$ Associate Planner (1 Unfunded) 2.00 - 2.00 6,934$ 8,850$ Assistant Planner 1.00 - 1.00 6,241$ 7,965$ Community Development Technician I 2.00 - 2.00 5,027$ 6,416$ Administrative Assistant 1.00 - 1.00 4,964$ 6,335$ Total 13.00 (1.00) 12.00
BUILDING & SAFETY
Building & Safety Manager 1.00 - 1.00 11,500$ 14,678$ Senior Building Inspector - 1.00 1.00 6,205$ 7,919$ Senior Community Development Technician 1.00 (1.00) - 6,205$ 7,919$ Building Inspector 2.00 - 2.00 5,709$ 7,286$ Community Development Technician II - 1.00 1.00 5,409$ 6,903$ Community Development Technician I 2.00 (1.00) 1.00 5,027$ 6,416$ Administrative Assistant 1.00 - 1.00 4,964$ 6,335$ Total 7.00 - 7.00
CODE ENFORCEMENT
Code Enforcement Manager 1.00 - 1.00 11,500$ 14,678$ Code Enforcement Supervisor 1.00 - 1.00 7,281$ 9,293$ Code Enforcement Officer II 3.00 - 3.00 5,709$ 7,286$ Code Enforcement Officer I (1 Unfunded) 2.00 - 2.00 5,027$ 6,416$ Parking Enforcement Officer - PT (Unfunded) 1.00 - 1.00 3,276$ 4,181$ Community Development Technician II - 1.00 1.00 5,409$ 6,903$ Community Development Technician I 1.00 (1.00) - 5,027$ 6,416$ Total 9.00 - 9.00
ECONOMIC DEVELOPMENT
Director of Economic & Legislative Affairs 1.00 - 1.00 15,235$ 19,445$ Economic Development Manager 1.00 - 1.00 11,500$ 14,678$ Management Analyst (Unfunded) 1.00 - 1.00 6,934$ 8,850$ Total 3.00 - 3.00
PUBLIC SERVICES
ENGINEERING
City Engineer 1.00 - 1.00 15,776$ 20,135$ City Traffic Engineer (Unfunded) 1.00 - 1.00 11,500$ 14,678$ Assistant City Engineer 1.00 - 1.00 10,951$ 13,976$ Senior Civil Engineer (1 Unfunded) 2.00 - 2.00 10,401$ 13,275$ NPDES Administrator - 1.00 1.00 9,725$ 12,412$ Land Development Engineer 1.00 - 1.00 8,286$ 10,576$ CIP Engineer 1.00 - 1.00 8,286$ 10,576$ Associate Engineer (Unfunded) 1.00 - 1.00 7,836$ 10,001$ Senior Construction Inspector 1.00 - 1.00 7,505$ 9,578$ Assistant Engineer (Unfunded) 1.00 - 1.00 6,506$ 8,304$ Engineering Inspector (1 Unfunded) 2.00 - 2.00 6,554$ 8,365$ CIP Specialist 1.00 - 1.00 6,520$ 8,321$ Senior Engineering Technician (Unfunded) - 1.00 1.00 5,583$ 7,125$ Engineering Technician II - 1.00 1.00 5,409$ 6,903$ Engineering Technician I 1.00 - 1.00 5,201$ 6,638$ Administrative Assistant 1.00 - 1.00 4,964$ 6,335$ Total 15.00 3.00 18.00
PUBLIC WORKS ADMINISTRATION
Public Works Manager 1.00 - 1.00 11,500$ 14,678$ Public Works Superintendent 1.00 - 1.00 9,725$ 12,412$ Management Analyst 1.00 - 1.00 6,934$ 8,850$ Public Works Supervisor 1.00 - 1.00 7,281$ 9,293$ Public Works Inspector 1.00 - 1.00 6,414$ 8,186$ Lead Worker 1.00 - 1.00 5,709$ 7,286$ Maintenance Worker III 2.00 1.00 3.00 5,409$ 6,903$ Maintenance Worker II 5.00 2.00 7.00 5,027$ 6,416$ Maintenance Worker I 5.00 (3.00) 2.00 4,571$ 5,833$ Account Specialist III - 1.00 1.00 5,583$ 7,125$ Account Specialist II 1.00 (1.00) - 5,409$ 6,903$ Administrative Assistant 1.00 - 1.00 4,964$ 6,335$
AUTHORIZED
FY24-25 CHANGES
AUTHORIZED
FY25-26
MONTHLY
LOW RANGE
MONTHLY
HIGH RANGE
CITY OF LAKE ELSINORE, CALIFORNIA
SCHEDULE OF AUTHORIZED POSITIONS
FOR FISCAL YEAR 2025-2026
Total 20.00 - 20.00
PARKS MAINTENANCE
Public Works Supervisor 1.00 - 1.00 7,281$ 9,293$ Lead Worker 1.00 - 1.00 5,709$ 7,286$ Maintenance Worker III 1.00 - 1.00 5,409$ 6,903$ Maintenance Worker II 7.00 1.00 8.00 5,027$ 6,416$ Maintenance Worker I 2.00 (1.00) 1.00 4,571$ 5,833$ Total 12.00 - 12.00
LAKE SERVICES
LAKE MAINTENANCE
Maintenance Worker II 2.00 - 2.00 5,027$ 6,416$ Total 2.00 - 2.00
COMMUNITY SERVICES
RECREATION
Director of Community Services 1.00 - 1.00 13,001$ 16,593$ Assistant Director of Community Services 0.75 - 0.75 12,460$ 15,902$ Senior Management Analyst 1.00 - 1.00 8,390$ 10,709$ Special Events Manager 1.00 - 1.00 11,500$ 14,678$ Management Analyst 1.00 (1.00) - 6,934$ 8,850$ Senior Special Events Coordinator - 1.00 1.00 6,205$ 7,919$ Special Events Coordinator 1.00 (1.00) - 5,201$ 6,638$ Administrative Assistant 1.00 - 1.00 4,964$ 6,335$ Project Assistant - PT 1.00 - 1.00 3,467$ 4,424$ Recreation Specialist - PT 8.00 7.00 15.00 3,276$ 4,181$ Total 15.75 6.00 21.75
COMMUNITY CENTER
Recreation Supervisor (Unfunded) 1.00 - 1.00 7,281$ 9,293$ Community Services Coordinator 1.00 - 1.00 5,201$ 6,638$ Aquatics Program Coordinator - PT 1.00 - 1.00 3,508$ 4,477$ Recreation Specialist - PT 1.00 - 1.00 3,276$ 4,181$ Water Safety Instructor - PT 9.00 - 9.00 3,276$ 4,181$ Recreation Leader - PT 4.00 - 4.00 3,060$ 3,906$ Recreation Aide - PT (4 Unfunded) 6.00 - 6.00 2,860$ 3,650$ Total 23.00 - 23.00
SENIOR CENTER
Recreation Supervisor 1.00 - 1.00 7,281$ 9,293$ Community Services Coordinator 1.00 - 1.00 5,201$ 6,638$ Recreation Specialist - PT 1.00 - 1.00 3,276$ 4,181$ Recreation Leader - PT (1 Unfunded) 2.00 1.00 3.00 3,060$ 3,906$ Recreation Aide - PT (1 Unfunded) 2.00 - 2.00 2,860$ 3,650$ Total 7.00 1.00 8.00
NEIGHBORHOOD CENTER
Recreation Supervisor 1.00 - 1.00 7,281$ 9,293$ Community Services Coordinator 1.00 - 1.00 5,201$ 6,638$ Recreation Specialist - PT 1.00 - 1.00 3,276$ 4,181$ Recreation Leader - PT (2 Unfunded) 4.00 - 4.00 3,060$ 3,906$ Recreation Aide - PT (2 Unfunded) 4.00 - 4.00 2,860$ 3,650$ Total 11.00 - 11.00
INTERNAL SERVICES
RISK
Director of Administrative Services (Unfunded) Total 0.34 - 0.34 13,001$ 16,593$ Assistant Director of Administrative Services 0.34 - 0.34 12,460$ 15,902$ Total 0.68 - 0.68
INFORMATION TECHNOLOGY
Assistant Director of Information Technology 1.00 - 1.00 12,460$ 15,902$ Information Technology Manager (Unfunded) 1.00 (1.00) - 11,500$ 14,678$ Information Technology Administrator 1.00 - 1.00 9,725$ 12,412$ GIS Technician I 1.00 - 1.00 5,709$ 7,286$ Information Technician II 1.00 - 1.00 5,409$ 6,903$ Information Technician I 1.00 - 1.00 4,964$ 6,335$ Total 6.00 (1.00) 5.00
FLEET
AUTHORIZED
FY24-25 CHANGES
AUTHORIZED
FY25-26
MONTHLY
LOW RANGE
MONTHLY
HIGH RANGE
CITY OF LAKE ELSINORE, CALIFORNIA
SCHEDULE OF AUTHORIZED POSITIONS
FOR FISCAL YEAR 2025-2026
Public Works Supervisor 1.00 - 1.00 7,281$ 9,293$ Lead Worker 1.00 - 1.00 5,709$ 7,286$ Maintenance Worker II 1.00 - 1.00 5,027$ 6,416$ Total 3.00 - 3.00
FACILITY MAINTENANCE
Maintenance Worker II 1.00 - 1.00 5,027$ 6,416$ Maintenance Worker I 2.00 (2.00) - 4,571$ 5,833$ Custodian - 2.00 2.00 3,578$ 4,566$ Total 3.00 - 3.00
ENTERPRISE FUND
LAUNCH POINTE
Assistant Director of Community Services 0.25 - 0.25 12,460$ 15,902$ Recreation Supervisor 1.00 - 1.00 7,281$ 9,293$ Community Services Coordinator 4.00 - 4.00 5,201$ 6,638$ Recreation Specialist - PT 2.00 - 2.00 3,276$ 4,181$ Recreation Leader - PT (1 Unfunded) 2.00 - 2.00 3,060$ 3,906$ Recreation Aide - PT ( 5 Unfunded) 11.00 - 11.00 2,860$ 3,650$ Total 20.25 - 20.25
Total Staffing 215.00 6.00 221.00 Attachment B
RECRUITMENT CHANNEL EXAMPLES
STANDARD CHANNELS
• www.lake-elsinore.org (via Paychex recruiting portal) •Paychex recruiting portal also posts to the following:
Indeed
SimplyHired
Trovit
Glassdoor.com
US Military Pipeline
ZipRecruiter
•Governmentjobs.com
•City’s social media pages
ADDITIONAL CHANNELS DEPENDING ON POSITION
•Municipal Management Association
•City Clerks Association of California
•American Planning Association
•Government Finance Officers Association
•National Recreation and Park Association
•American Society of Civil Engineers
•Western City
•American Public Works Association
•Maintenance Superintendents Association
•International City/County Management Association
•California City News
Attachment C
City of Lake Elsinore Retention Efforts
Work-Life Balance Initiatives
• 9/80 work schedule with every other Friday off
• Flexible work schedule arrangements (flexible start/end times) • 13 paid holidays annually
Compensation & Financial Benefits
• Competitive pay
• Comprehensive benefits package
• Supplemental 457 and Roth IRA retirement savings plans • Financial wellness resources (retirement planning workshops, financial advisors) • Tuition Reimbursement
Recognition & Appreciation
• Recognition of significant life events with flowers (births, bereavements) • Annual Employee Recognition Awards
Professional Development
• Support for training and development opportunities
• Internal promotion opportunities
• Leadership programs include The CENTRE and Coaching programs • Cross-training and skill development
• Professional association memberships
• Regular feedback beyond annual reviews
Team Building & Culture
• Employee gatherings: ice cream socials, quarterly lunches (BBQs, food trucks, caterers, potlucks)
• Monthly LE Pride days: wear themed shirts (law enforcement, Storm jerseys, Star Wars, etc)
• Departmental lunches at least once a year to celebrate successes and build camaraderie
Health & Wellness
• Confidential employee assistance program offering professional counseling services • Healthy LE
• Mental health wellbeing
28)
First Reading of Local Responsibility Area Fire Map Ordinance Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE FIRE
HAZARD SEVERITY ZONES AS RECOMMENDED BY THE CALIFORNIA DEPARTMENT
OF FORESTRY AND FIRE PROTECTION PURSUANT TO GOVERNMENT CODE SECTION 51178.