Agenda packet — Lake Elsinore City Council, July 8, 2025 (part 6 of 8)

included
Policy # 4T22-CO-2Y427520-TCT-24
Docusign Envelope ID: 05C20542- 43C0-4826-BB9D- 4F5B94B5C65E

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED – PRIMARY AND
NON- CONTRIBUTORY WITH OTHER INSURANCE –

CONTRACTORS
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
CA T4 99 02 16 © 2016 The Travelers Indemnity Company. All rights reserved.

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Page 1 of 1 ends

PROVISIONS

1. The following is added to Paragraph c. in A.1.,
Who Is An Insured, of SECTION Il – COVERED
AUTOS LIABILITY COVERAGE:

This includes any person or organization who you
are required under a written contract or
agreement, that is signed by you before the
bodily injury" or " property damage" occurs and
that is in effect during the policy period, to name
as an additional insured for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the extent of
that person's or organization's liability for the
conduct of another "insured".

2. The following is added to Paragraph B.5., Other
Insurance of SECTION IV – BUSINESS AUTO
CONDITIONS:

Regardless of the provisions of paragraph a. and
paragraph d. of this part 5. Other Insurance, this
insurance is primary to and non-contributory with
applicable other insurance under which an
additional insured person or organization is a
named insured when a written contract or
agreement with you, that is signed by you before
the " bodily injury" or " property damage" occurs
and that is in effect during the policy period,
requires this insurance to be primary and noncontributory.

Policy Number : BA-2Y427648-24-2S-G
Docusign Envelope ID: 05C20542- 43C0-4826-BB9D- 4F5B94B5C65E

COMMERCIAL AUTO
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
CA T3 53 02 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS AUTO EXTENSION ENDORSEMENT
2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4© Includes copyrighted material of Insurance Services Office, Inc. with its permission.

GENERAL DESCRIPTION OF COVERAGE – This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.

A. BROAD FORM NAMED INSURED
B. BLANKET ADDITIONAL INSURED
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS – INCREASED
LIMITS
F. HIRED AUTO – LIMITED WORLDWIDE COVERAGE – INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE – GLASS

PROVISIONS
A. BROAD FORM NAMED INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II – COVERED AUTOS
LIABILITY COVERAGE:

Any organization you newly acquire or form during the policy period over which you maintain 50% or more ownership interest and that is not
separately insured for Business Auto Coverage.

Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier.

B. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. in A.1.,
Who Is An Insured, of SECTION II – COVERED
AUTOS LIABILITY COVERAGE:

Any person or organization who is required under
a written contract or agreement between you and
that person or organization, that is signed and
executed by you before the " bodily injury" or
property damage" occurs and that is in effect
during the policy period, to be named as an additional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which
H. HIRED AUTO PHYSICAL DAMAGE – LOSS OF
USE – INCREASED LIMIT
I. PHYSICAL DAMAGE – TRANSPORTATION
EXPENSES – INCREASED LIMIT
J. PERSONAL PROPERTY
K. AIRBAGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
M. BLANKET WAIVER OF SUBROGATION
N. UNINTENTIONAL ERRORS OR OMISSIONS
this insurance applies and only to the extent that
person or organization qualifies as an " insured"
under the Who Is An Insured provision contained
in Section II.

C. EMPLOYEE HIRED AUTO

1. The following is added to Paragraph A.1.,
Who Is An Insured, of SECTION II – COVERED AUTOS LIABILITY COVERAGE:

An "employee" of yours is an "insured" while
operating an " auto" hired or rented under a
contract or agreement in an " employee's"
name, with your permission, while performing
duties related to the conduct of your business.

2. The following replaces Paragraph b. in B.5.,
Other Insurance, of SECTION IV – BUSINESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:
1) Any covered " auto" you lease, hire,
rent or borrow; and
2) Any covered "auto" hired or rented by
your " employee" under a contract in
an " employee's" name, with your
GDocusign Policy Number: BA-2Y427648-24-2SEnvelope ID: 05C20542- 43C0-4826-BB9D- 4F5B94B5C65E

COMMERCIAL AUTO
15Page 2 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 Includes copyrighted material of Insurance Services Office, Inc. with its permission. permission, while performing duties
related to the conduct of your business.

However, any "auto" that is leased, hired,
rented or borrowed with a driver is not a
covered "auto".

D. EMPLOYEES AS INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II – COVERED AUTOS
LIABILITY COVERAGE:

Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs.

E. SUPPLEMENTARY PAYMENTS – INCREASED
LIMITS

1. The following replaces Paragraph A.2.a.(2),
of SECTION II – COVERED AUTOS LIABILITY COVERAGE:
2) Up to $ 3,000 for cost of bail bonds ( including bonds for related traffic law violations) required because of an " accident" we cover. We do not have to furnish
these bonds.

2. The following replaces Paragraph A.2.a.(4),
of SECTION II – COVERED AUTOS LIABILITY COVERAGE:
4) All reasonable expenses incurred by the
insured" at our request, including actual
loss of earnings up to $ 500 a day because of time off from work.

F. HIRED AUTO – LIMITED WORLDWIDE COVERAGE – INDEMNITY BASIS The following replaces Subparagraph ( 5) in Paragraph B.7., Policy Period, Coverage Territory, of SECTION IV – BUSINESS AUTO CONDITIONS:
5) Anywhere in the world, except any country or
jurisdiction while any trade sanction, embargo, or similar regulation imposed by the United States of America applies to and prohibits the transaction of business with or within such country or jurisdiction, for Covered Autos Liability Coverage for any covered auto" that you lease, hire, rent or borrow
without a driver for a period of 30 days or less
and that is not an "auto" you lease, hire, rent
or borrow from any of your " employees",
partners ( if you are a partnership), members
if you are a limited liability company) or
members of their households.
a) With respect to any claim made or " suit"
brought outside the United States of
America, the territories and possessions
of the United States of America, Puerto
Rico and Canada:
i) You must arrange to defend the " insured" against, and investigate or settle any such claim or "suit" and keep us advised of all proceedings and actions.
ii) Neither you nor any other involved
insured" will make any settlement
without our consent.
iii)We may, at our discretion, participate
in defending the "insured" against, or
in the settlement of, any claim or
suit".
iv) We will reimburse the " insured" for
sums that the " insured" legally must
pay as damages because of " bodily
injury" or "property damage" to which
this insurance applies, that the " insured" pays with our consent, but only up to the limit described in Paragraph C., Limits Of Insurance, of SECTION II – COVERED AUTOS
LIABILITY COVERAGE.
v) We will reimburse the " insured" for
the reasonable expenses incurred
with our consent for your investigation of such claims and your defense of the " insured" against any such
suit", but only up to and included
within the limit described in Paragraph C., Limits Of Insurance, of SECTION II – COVERED AUTOS
LIABILITY COVERAGE, and not in
addition to such limit. Our duty to
make such payments ends when we
have used up the applicable limit of
insurance in payments for damages,
settlements or defense expenses.
b) This insurance is excess over any valid
and collectible other insurance available
to the "insured" whether primary, excess,
contingent or on any other basis.
c) This insurance is not a substitute for required or compulsory insurance in any country outside the United States, its territories and possessions, Puerto Rico and Canada.

Policy Number: BA-2Y427648-24-2S-G
Docusign Envelope ID: 05C20542- 43C0-4826-BB9D- 4F5B94B5C65E

COMMERCIAL AUTO
CA T3 53 02 15 Page 3 of 4
Includes copyrighted material of Insurance Services Office, Inc. with its permission. 2015 The Travelers Indemnity Company. All rights reserved.

You agree to maintain all required or
compulsory insurance in any such country up to the minimum limits required by local law. Your failure to comply with
compulsory insurance requirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory insurance requirements. d) It is understood that we are not an admitted or authorized insurer outside the United States of America, its territories
and possessions, Puerto Rico and Canada. We assume no responsibility for the furnishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.

G. WAIVER OF DEDUCTIBLE – GLASS
The following is added to Paragraph D., Deductible, of SECTION III – PHYSICAL DAMAGE COVERAGE:

No deductible for a covered " auto" will apply to
glass damage if the glass is repaired rather than
replaced.

H. HIRED AUTO PHYSICAL DAMAGE – LOSS OF
USE – INCREASED LIMIT
The following replaces the last sentence of Paragraph A.4.b., Loss Of Use Expenses, of SECTION III – PHYSICAL DAMAGE COVERAGE:

However, the most we will pay for any expenses
for loss of use is $65 per day, to a maximum of
750 for any one "accident".

I. PHYSICAL DAMAGE – TRANSPORTATION
EXPENSES – INCREASED LIMIT
The following replaces the first sentence in Paragraph A.4.a., Transportation Expenses, of SECTION III – PHYSICAL DAMAGE COVERAGE:

We will pay up to $50 per day to a maximum of
1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type.

J. PERSONAL PROPERTY
The following is added to Paragraph A.4., Coverage Extensions, of SECTION III – PHYSICAL DAMAGE COVERAGE:

Personal Property
We will pay up to $400 for "loss" to wearing apparel and other personal property which is:
1) Owned by an "insured"; and
2) In or on your covered "auto".

This coverage applies only in the event of a total
theft of your covered "auto".

No deductibles apply to this Personal Property
coverage.

K. AIRBAGS
The following is added to Paragraph B.3., Exclusions, of SECTION III – PHYSICAL DAMAGE COVERAGE:

Exclusion 3.a. does not apply to "loss" to one or
more airbags in a covered "auto" you own that inflate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but
only:
a. If that "auto" is a covered " auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated.

We will pay up to a maximum of $1,000 for any
one "loss".

L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV – BUSINESS AUTO CONDITIONS:

Your duty to give us or our authorized representative prompt notice of the " accident" or "loss" applies only when the " accident" or "loss" is known to:
a) You (if you are an individual);
b) A partner (if you are a partnership);
c) A member ( if you are a limited liability company); d) An executive officer, director or insurance
manager (if you are a corporation or other organization); or e) Any "employee" authorized by you to give notice of the "accident" or "loss".

M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.5., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV – BUSINESS AUTO CONDITIONS :

5. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the extent required of you by a written contract signed and executed prior to any " accident"
or "loss", provided that the "accident" or "loss"
arises out of operations contemplated by
Policy Number: BA-2Y427648- 24-2S-G
Docusign Envelope ID: 05C20542- 43C0-4826-BB9D- 4F5B94B5C65E

COMMERCIAL AUTO
15Page 4 of 4 © 2015 The Travelers Indemnity Compa ny. All rights reserved . CA T3 53 02 Includes copyrighted material of Insurance Services Office, Inc. with its permission. such contract. The waiver applies only to the
person or organization designated in such
contract.

N. UNINTENTIONAL ERRORS OR OMISSIONS
The following is added to Paragraph B.2., Concealment, Misrepresentation, Or Fraud, of SECTION IV – BUSINESS AUTO CONDITIONS:

The unintentional omission of, or unintentional
error in, any information given by you shall not
prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal.

Policy Number: BA-2Y427648-24-2S-G
Docusign Envelope ID: 05C20542- 43C0-4826-BB9D- 4F5B94B5C65E 0 Berkshire Hathaway Direct Insurance Company 10391
02/ 04/ 2025
A N9WC521195 04/19/2024 04/19/2025
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
X
1,000,000
1,000,000
1,000,000
Y
0 0
0 0
0 Aneen Construction, Inc
9860 Indiana Ave 18
Riverside, CA 92503
BIBERK
P.O. Box 113247
Stamford, CT 06911
Professional Liability ( Errors &
Omissions): Claims- Made
Per Occurrence/
Aggregate
3613844- 472-0967 203-654-
customerservice@biBERK. com
Policy #N9WC521195 contains a blanket Waiver of Subrogation therefore the insurer agrees to waive its right to recover from the certificate holder to the extent required by written contract. Exclusions: Tamer Khalil; Docusign Envelope ID: 05C20542- 43C0-4826-BB9D- 4F5B94B5C65E

CITY OF LAKE ELSINORE

TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:

Business Location:

Owner Name( s):

BUSINESS LICENSE NO.

Issue Date: Expiration Date:

BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
9860 INDIANA AVE UNIT 18 Business Type:

RIVERSIDE, CA 92503- 5515
ANEEN CONSTRUCTION, INC.
9938 MAGNOLIA AVE
RIVERSIDE, CA 92503- 3525
This business license is issued for revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency.

Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124
ANEEN CONSTRUCTION, INC.

ANEEN CONSTRUCTION, INC.

GENERAL ENGINEERING CONTRACTOR
026788
3/1/2025 2/28/2026
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender - based discrimination of business establishments. A full notice is available in English or other languages by going to: https:// www. dca. ca.gov/ publications/ Docusign Envelope ID: 05C20542- 43C0-4826-BB9D- 4F5B94B5C65E 12) Agreement with Dost Engineering for Design of the SB 821 Spring Street Pedestrian Facilities Program Project in the Amount of $80,100
Approve and authorize the City Manager to execute a Professional Services Agreement with Dost Engineering for the design of the SB-821 Spring Street Pedestrian Facilities Program Project in the amount of $80,100 in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $8,010.00 for uncertainties and adjustments.

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: July 8, 2025
Subject: Agreement with Dost Engineering for Design of the SB 821 Spring Street Pedestrian Facilities Program Project in the Amount of $80,100 Recommendation
Approve and authorize the City Manager to execute a Professional Services Agreement with Dost Engineering for the design of the SB-821 Spring Street Pedestrian Facilities Program Project in the amount of $80,100 in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $8,010.00 for uncertainties and adjustments.

Background
Senate Bill (SB) 821 Bicycle and Pedestrian Program funds are administered by the Riverside County Transportation Commission ( RCTC) and distributed to local agencies on a competitive basis. Two percent of the Local Transportation Fund revenue is made available each year for use on bicycle and pedestrian facility projects in Riverside County. SB 821 funds are available to local agencies to cover engineering expenses, right-of-way acquisition, and construction costs for bicycle and pedestrian facilities.

The City received confirmation from RCTC on June 11, 2025, that the proposed project was approved for funding.

Discussion
Dost Engineering will deliver the final plans, specifications, and engineer’s estimate ( PS&E) of the proposed sidewalk improvements along Spring Street between Limited Street and Lakeshore Drive. Dost Engineering will provide necessary services required to complete a constructible design.

Dost Engineering SB 821 Spring Street

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Fiscal Impact
Professional Services Contract with Dost Engineering will result in a cost of $80,100.00 plus an additional 10% in contingency. The City is required to provide at least a fifty percent (50%) local match for the contract.

Attachments
Attachment 1 - Agreement
Exhibit A - Proposal
Engineering

Page 1 ends

AGREEMENT FOR PROFESSIONAL DESIGN SERVICES
Dost Engineering
Design of SB 821 Spring Street Pedestrian Facilities Program Project This Agreement for Professional Services (the “Agreement”) is made and entered into as of July 8, 2025, by and between the City of Lake Elsinore, a municipal corporation (‘‘ City") and Dost Engineering, a Corporation ("Consultant").

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

Design of SB 821 Spring Street Pedestrian Facilities Program Project B. Consultant has submitted to City aproposal, dated June 24, 2025, attached hereto as Exhibit A (“Consultant’ s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.

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

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

AGREEMENT

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

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

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

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal ( Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed FortySeven Thousand Nine Hundred dollars ($80,100) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

15. Indemnity.
a. Indemnification for Professional Liability. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any and all of its officials, employees and agents (“ Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’ s duty to defend shall consist of reimbursement of defense costs incurred

Page 6 ends

by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’ s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City.
b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or areinany way attributable to, in whole or inpart, theperformance ofthis Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-consultants of Consultant. Consultant shall not be liable to third parties for any liability exempted by statute.
c. General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section.

16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’ s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’ s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’ s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.

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ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 ( ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

Page 8 ends

ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers.

Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

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

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

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Dost Engineering
Attn: Farid Dost
41735 Winchester Road, Ste F
Temecula, CA 92590

Page 9 ends

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

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

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

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

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

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

Page 10 ends

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

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

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

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

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

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

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

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

Signatures on next page]

Page 11 ends

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
CONSULTANT”
Dost Engineering, a Corporation
By: Farid Dost
Its: President
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors

EXHIBIT A

EXHIBIT A
CONSULTANT’ S PROPOSAL
ATTACHED]

EXHIBIT B

LIST OF SUBCONTRACTORS
ATTACHED]
1 Engineering excellence, from concept to completion
June 24, 2025
Carlos Norvani
Capital Improvement Projects Engineer
130 S. Main Street
Lake Elsinore, CA 92530
Subject: Proposal for Design and Construction Support Services for SB-821 – Spring Street Sidewalk Project
Dear Carlos,
Dost Engineering, Inc. is pleased to submit this proposal to provide professional civil engineering services in support of the City of Lake Elsinore’s SB-821 Spring Street Sidewalk Project. The project includes new ADA-compliant sidewalks and related improvements along Spring Street, between Lakeshore Drive and Limited Avenue.

Topographic and utility surveying services will be provided by Guida, Inc., who will serve as a subconsultant to Dost Engineering for this project.

Please find the following exhibits enclosed with this proposal:

Exhibit A – Project Understanding
Exhibit B – Scope of Services
Exhibit C – Project Schedule
Exhibit D - Compensation for Scope of Services
We appreciate the opportunity to support the City’s infrastructure improvement efforts and look forward to working with you. If you have any questions or need additional information, please don’t hesitate to contact me at (619) 587-3300.

Sincerely,
Farid Dost, PE
Principal Engineer
42230 Zevo Drive
Temecula, CA 92590
Office: (951) 404-8591
2 EXHIBIT A – PROJECT UNDERSTANDING
The proposed project involves the design and construction of approximately 1,500 linear feet of ADA-compliant sidewalk along Spring Street, between Limited Avenue and Lakeshore Drive.

Planned improvements include new curb and gutter, curb ramps, driveways, retaining walls, and other supporting infrastructure.

The project corridor presents several design challenges, including steep grade changes, multiple driveway tie-ins, existing retaining walls, and proximity to private homes. To meet ADA standards and maintain property access, careful grading transitions, utility coordination, and potential wall removals will be required.

A detailed topographic and utility survey will be essential to guide design decisions and identify potential conflicts. Coordination with adjacent property owners will also be needed to facilitate survey access and ensure constructible grading transitions.

Dost Engineering will lead the civil design effort as the prime consultant, supported by Guida, Inc., who will provide the topographic and utility surveying services. 3 EXHIBIT B – SCOPE OF SERVICES
The project will be delivered through a coordinated effort between Guida, Inc. (surveying subconsultant) and Dost Engineering ( prime consultant). The scope is structured in two primary phases: (1) topographic and utility survey, and (2) civil design and construction support services.

Guida, Inc. – Surveying Subconsultant
Guida, Inc. will initiate the project by performing a detailed topographic and utility survey of the Spring Street corridor. This will include establishing GPS-based horizontal and vertical control tied to NAVD88, field mapping of all visible surface features (e.g., curbs, sidewalks, driveways, retaining walls, trees, signage, mailboxes, and utility structures), and opening manholes to document invert elevations, pipe sizes, and flow direction. Utility research will be conducted using Dig Alert and through direct coordination with service providers.

Survey data will be compiled into a comprehensive AutoCAD Civil 3D base map at 20-scale, including a digital terrain model (DTM), which will serve as the foundation for subsequent design.

A detailed description of Guida’s services, assumptions, and exclusions is provided in Attachment 1 – Guida Proposal, incorporated herein by reference.

Survey Deliverables:

Civil 3D CAD base file with topographic and utility data Signed PDF of topographic survey sheet
Field notes (PDF format)
Field photos (JPG format)
Note: Civil design efforts will commence upon receipt and review of Guida’s full survey deliverables.

Dost Engineering – Civil Design and Project Management
Upon completion of the survey, Dost Engineering will lead the civil design effort and manage coordination through final design and construction support. Tasks include:

Project Management and Coordination
Serve as the City’s primary point of contact
Manage project schedule, staffing, and coordination with Guida, City staff, utility agencies, and adjacent property owners
4 Attend project meetings (virtual or in-person) with the City and stakeholders Conduct site visits to confirm field conditions and support design development Coordinate access for survey and field verification with impacted property owners Track progress, review deliverables, and ensure timely completion of project milestones Concept Design Submittal
Incorporate survey base and utility mapping into the design Develop layout for sidewalks, ADA curb ramps, driveway tie-ins, and areas requiring retaining wall removal
Address tree removals and incorporate 3:1 slope grading as needed Coordinate grading transitions with adjacent private properties 90% PS&E Submittal
Prepare improvement, grading, erosion control, and ADA ramp plans Resolve design constraints and utility conflicts
Provide draft specifications, quantity takeoffs, and engineer’s estimate 100% PS&E Submittal
Submit final signed construction plans, technical specifications, and bid schedule Respond to all City comments from 90% review
Construction Support Services
Attend pre-bid and pre-construction meetings
Respond to RFIs and prepare clarifications
Provide minor revisions during bidding and construction phases Dost Engineering Deliverables:

Concept design layout (PDF and CAD formats)
90% improvement plans, grading, ADA ramps, and erosion control (PDF and CAD) - Draft specifications, quantities, and cost estimate
100% PS&E plans, technical specifications, and bid schedule Responses to City review comments and minor revisions
Construction- phase design support and RFI responses
5 EXHIBIT C – PROJECT SCHEDULE
The following schedule outlines the anticipated timeline for survey, design, and construction support activities. The schedule assumes a Notice to Proceed (NTP) on or around July 18, 2025.

Task Duration Completion Date (Est.)
Survey & Utility Research
Guida)
5 weeks August 22, 2025
Concept Design Submittal 5 weeks after survey September 27, 2025 90% PS&E Submittal 5 weeks November 1, 2025
100% PS&E Submittal 3 weeks November 22, 2025
Construction Support (asneeded)
Through bidding November–December 2025
6 EXHIBIT D – COMPENSATION FOR SCOPE OF SERVICES
The total fee for professional services associated with the Spring Street Sidewalk Improvement Project is $80,100, inclusive of all labor, materials, and direct costs. The work will be performed on a fixed fee basis and invoiced monthly based on percent completion of each task. The breakdown is as follows:

Dost Engineering (Prime Consultant)
Task Description Fee
Project Management & Coordination $ 7,480
Concept Design Submittal $ 15,260
90% PS&E Submittal $ 15,140
100% PS&E Submittal $ 12,420
Construction Support Services $ 1,200
Subtotal – Dost Engineering, Inc. $ 51,500
Guida, Inc. (Subconsultant – Surveying Services)
Subtotal - Guida, Inc. $ 28,600
Guida will be compensated a lump sum fixed fee of $28,600 for the topographic and utility survey services as described in Exhibit B and detailed in Attachment 1 – Guida Proposal.

Total Project Fee $ 80,100
Invoices will be submitted monthly based on the percent completion of each task listed above.

Any additional services beyond the defined scope shall require prior written authorization and may be billed separately.
13) Amendment No. 3 to the Agreement with Rightway Site Services, Inc. for Citywide Portable Sanitation Services Agreement
Approve and authorize the City Manager to execute Amendment No. 3 to the Agreement with Rightway Site Services, Inc. for Citywide portable sanitation services and increase compensation by an additional $4,897.11 for a total amount not to exceed $109,897.11 in such final form as approved by the City Attorney.

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Rick De Santiago, Public Works Manager
Date: July 8, 2025
Subject: Amendment No. 3 to the Agreement with Rightway Site Services, Inc. for Citywide Portable Sanitation Services Agreement
Recommendation
Approve and authorize the City Manager to execute Amendment No. 3 to the Agreement with Rightway Site Services, Inc. for Citywide portable sanitation services and increase compensation by an additional $4,897.11 for a total amount not to exceed $109,897.11 in such final form as approved by the City Attorney.

Background
The City contracts for portable sanitation services for its City-owned parks, beaches, levees, and for the City’s special events. On March 11, 2025, the City Council approved Amendment No. 2 to increase compensation to cover extra services, including monthly porta-potty rentals for Launch Pointe concerts and the levee road.

Discussion
Amendment No. 3 is being requested as this additional funding will cover services for the following:

Floating Restroom at Launch Pointe – Septic Pumping $355.00 Month of June porta potty rental services - Launch Pointe $762.06 Month of May porta potty holiday service – Launch Pointe $61.20 Month of May porta potty rental services – Launch Pointe $787.47 Month of June porta potty rental services – Seaport/Elm Grove Beach $2,169.32 Month of June porta potty rental services – Alberhill Park $762.06 Staff is requesting additional funds to cover fees for services, as our current agreement is set to expire at the end of this fiscal year.

Amendment No. 3 with Rightway Site Services

Page 2 of 2 ends

Fiscal Impact
Funds are available in the City’s FY 25-26 Public Works Operating Budget.

Attachments
Attachment 1 - Amendment No. 3
Exhibit A - Invoices
Attachment 2 - Amendment No. 2
Attachment 3 - Amendment No. 1
Attachment 4 - Original Agreement
Exhibit A - 1st Extension Letter
Exhibit B - 2nd Extension Lette
Public Works
AMENDMENT NO. 3

TO AGREEMENT FOR CONTRACTOR SERVICES
Rightway Site Services, Inc.

Citywide Portable Sanitation Services
This Amendment No. 3 to Agreement for Contractor Services is made and entered into as of 7/8/2025, by and between the City of Lake Elsinore, a municipal corporation (“ City), and Rightway Site Services, a Corporation (“ Contractor”).

RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of 8/25/2020, ( 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 Sixty-Five Thousand dollars ($65,000).

C. The Original Agreement had a term commencing on August 25, 2020, and ending June 30, 2023. The City may extend the term on a 12-month basis, not to exceed two ( 2) additional 12-month renewals.

D. Amendment No. 1 was approved on March 22, 2022, provided for an increase in compensation in an amount not to exceed Eighty-Five Thousand dollars ($85,000).

E. Amendment No. 2 was approved on March 11, 2025, provided for an increase in compensation in an amount not to exceed One Hundred Five Thousand dollars ($105,000).

F. The parties now desire to amend and increase the payment for such services as set forth in this Amendment No. 3 for an annual amount not to exceed One Hundred Nine Thousand Eight Hundred Ninety-Seven and 11/100th dollars ($109,897.11).

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

1. Section 3, Compensation, of the Original Agreement is hereby amended to add the following:

Notwithstanding the foregoing, for purposes of Amendment No. 3 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. 3). In no event shall Contractor ’ s compensation related to Exhibit A-1 to Amendment No. 3 exceed One Hundred Nine Thousand Eight Hundred Ninety-Seven and 11/100th dollars ($ 109,897.11) without additional written authorization from the City Council.

2. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be executed on the respective dates set forth below.

CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
CONTRACTOR”
Rightway Site Services, Inc.

City Manager
Date:

Robert M. Harding, President
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

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

Docusign Envelope ID: 779ECC1C- 5BAB- 4821- 8CF9- 072AB92B6664 AMENDMENT NO. 2

TO AGREEMENT FOR CONTRACTOR SERVICES
Rightway Site Services, Inc.

Citywide Portable Sanitation Services
This Amendment No. 2 to Agreement for Contractor Services is made and entered into as of 3/11/2025, by and between the City of Lake Elsinore, a municipal corporation (“ City), and Righway Site Services, Inc, a Corporation (“Contractor”).

B. The Original Agreement provided for compensation to Contractor in an amount of Sixty-Five Thousand dollars ($65,000.00).

C. The Original Agreement had a term commenced August 25, 2020, and ends on June 30, 2025.

D. Amendment No. 1 approved on March 22, 2022, provided for an increase in compensation in an amount not to exceed Eighty-Five Thousand dollars ($85,000.00).

E. The parties now desire to increase the payment for such services as set forth in this Amendment No. 2 for an annual amount not to exceed $105,000.00.

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

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

Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor’ s Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor’s annual compensation exceed one hundred five thousand dollars ($105,000) per fiscal year 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 respectively, shall be reimbursed at cost without an inflator or administrative charge.

Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

2. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed on the respective dates set forth below.

Docusign Envelope ID: 779ECC1C- 5BAB- 4821- 8CF9- 072AB92B6664 CITY”“ CONTRACTOR”
CITY OF LAKE ELSINORE, a municipal
corporation
Rightway Site Services, Inc., a Corporation
City Manager Robert M. Harding, President
4/ 1/ 2025 | 11: 59 AM PDT PDTDate: 4/ 1/ 2025 | 11: 25 AM Date:__
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
Attachments: Exhibit A – Contractor ’s Proposal
Docusign Envelope ID: 779ECC1C- 5BAB- 4821- 8CF9- 072AB92B6664 EXHIBIT A-1
CONTRACTOR ’ S PROPOSAL
ATTACHED]
Docusign Envelope ID: 779ECC1C- 5BAB- 4821- 8CF9- 072AB92B6664 Docusign Envelope ID: 779ECC1C- 5BAB- 4821- 8CF9- 072AB92B6664 Docusign Envelope ID: 779ECC1C- 5BAB- 4821- 8CF9- 072AB92B6664 Docusign Envelope ID: 779ECC1C- 5BAB- 4821- 8CF9- 072AB92B6664 Docusign Envelope ID: 779ECC1C- 5BAB- 4821- 8CF9- 072AB92B6664 Docusign Envelope ID: 779ECC1C- 5BAB- 4821- 8CF9- 072AB92B6664 Docusign Envelope ID: 779ECC1C- 5BAB- 4821- 8CF9- 072AB92B6664

CERTIFICATE OF LIABILITY INSURANCE DATE ( MM/ DD/YYYY)
12/27/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

CONTACTPRODUCERNAME:(
OR) Heffernan Insurance Brokers
5100 S Macadam, Suite 440
Portland OR 97239

PHONE FAX
A/C, No, Ext): 503-226-1320 A/C, No): 503-226-1478(
E- MAILADDRESS:

INSURER( S) AFFORDING COVERAGE NAIC #
Nationwide Mutual Insurance Company
StarStone National Insurance Company
23787
25496
License#: 0564249 INSURER A :
01INSUREDRIGHSITINSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

Rightway Site Services, Inc.
530 Central Ave
Lake Elsinore CA 92530
COVERAGES CERTIFICATE NUMBER: 1040279634 REVISION NUMBER:

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR
LTR

ADDL SUBR

INSD WVD EXPTYPEPOLICY EFF POLICY

OF INSURANCE POLICY NUMBER ( MM/DD/YYYY) ( MM/ DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY ACP3087957226 12/31/2024 12/31/2025 $ 000EACH1,000,

OCCURRENCE

RENTEDXCLAIMS- DAMAGE TO
MADE OCCUR PREMISES ( Ea occurrence)$ 1,000,000
000MED EXP ( Any one person) 10,

PERSONAL & ADV INJURY

GENERAL AGGREGATE
1,000,000
000GEN' L AGGREGATE LIMIT APPLIES PER: 2,000,
X
PROJECTPOLICY LOC PRODUCTS - COMP/ OP AGG $ 2,000,000
OTHER:

COMBINED SINGLE LIMIT
Ea accident)
A AUTOMOBILELIABILITY ACP3087957226 12/31/2024 12/31/2025 $ 1,000,000 X ANY AUTO BODILY INJURY ( Per person)$

OWNED SCHEDULED
AUTOS

NON- OWNED

AUTOS ONLY
BODILY INJURY ( Per accident) AUTOS ONLY

HIREDX X

PROPERTY DAMAGE
AUTOS ONLY Per accident)
A
B

UMBRELLA LIAB

EXCESS LIAB
X
X ACP3087957226
72855X230ALI
12/31/2024
12/31/2024
12/31/2025
12/31/2025
000OCCUREACH OCCURRENCE 1,000,
X CLAIMS- MADE $ AGGREGATE 1,000,000
DED RETENTION $ 0 $

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANYPROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBEREXCLUDED?
Mandatory in NH)
PER

STATUTE ERY /
OTHN
E.L. EACH ACCIDENT $
N / A
E.L. DISEASE - EA EMPLOYEE
LIMITIfE.L. DISEASE - POLICY
yes, describe under
DESCRIPTION OF OPERATIONS below
A
A
GL Pollution Liability NCG8193
Auto Pollution Liability CA9948
ACP3087957226
ACP3087957226
12/31/2024
12/31/2024
12/31/2025 Limit
12/31/2025 Each Occurence
1,000,000
Included in CSL
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: As Per Contract or Agreement on File with Insured.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

City of Lake Elsinore
130 S. Main St.

REPRESENTATIVELake AUTHORIZED Elsinore, CA 92530
1988- 2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/ 03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 779ECC1C- 5BAB- 4821- 8CF9- 072AB92B6664

CERTIFICATE OF LIABILITY INSURANCE DATE ( MM/ DD/YYYY)
7/3/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

CONTACTPRODUCERNAME:(
OR) Heffernan Insurance Brokers
5100 S Macadam, Suite 440
Portland OR 97239

PHONE FAX
A/C, No, Ext): 503-226-1320 A/C, No): 503-226-1478(
E- MAILADDRESS:

INSURER( S) AFFORDING COVERAGE NAIC #
10855License#: 0564249 INSURER A : Cypress Insurance Company 01INSUREDRIGHSITINSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

Rightway Site Services, Inc.

C/O Accounts Payable
530 Central Ave
Lake Elsinore CA 92530
COVERAGES CERTIFICATE NUMBER: 1403606621 REVISION NUMBER:

INSR
LTR

ADDL SUBR

INSD WVD EXPTYPEPOLICY EFF POLICY

OF INSURANCE POLICY NUMBER ( MM/DD/YYYY) ( MM/ DD/YYYY) LIMITS

COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE

DAMAGE TO RENTED
CLAIMS- MADE OCCUR PREMISES ( Ea occurrence)
MED EXP ( Any one person)

PERSONAL & ADV INJURY
AGGREGATEGEN' L AGGREGATE LIMIT APPLIES PER: GENERAL
PROPOLICY JECT LOC PRODUCTS - COMP/ OP AGG $
OTHER:

COMBINED SINGLE LIMIT
Ea accident)
AUTOMOBILELIABILITY $
ANY AUTO BODILY INJURY ( Per person)

OWNED SCHEDULED
AUTOS

NON- OWNED

AUTOS ONLY
BODILY INJURY ( Per accident) AUTOS ONLY

HIRED PROPERTY DAMAGE
AUTOS ONLY Per accident)

UMBRELLA LIAB

EXCESS LIAB

OCCUR EACH OCCURRENCE

CLAIMS- MADE AGGREGATE
DED RETENTION $
ERAWORKERS COMPENSATION PER OTHAND EMPLOYERS' LIABILITY

ANYPROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBEREXCLUDED?
Mandatory in NH)

STATUTEY /
Y RIWC534813 6/30/2024 6/30/2025 X
N
000N / E.L. EACH ACCIDENT $ 1,000,
A
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
000IfE.L. DISEASE - POLICY LIMIT $ 1,000,
yes, describe under
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: As Per Contract or Agreement on File with Insured. Waiver of Subrogation is included on the Workers Compensation policy per the attached endorsement, if required.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

City of Lake Elsinore
130 S. Main St.

REPRESENTATIVELake AUTHORIZED Elsinore, CA 92530
1988- 2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/ 03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 779ECC1C- 5BAB- 4821- 8CF9- 072AB92B6664

BUSINESS LICENSE
This business license is issued for revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency.

CITY OF LAKE ELSINORE
Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124
Business Name:

Business Location: 653 MINTHORN ST
LAKE ELSINORE, CA 92530
RIGHTWAY PORTABLE TOILETS & TEMPORARY POWE BUSINESS LICENSE NO. 001246 Business Type: RETAIL/ GENERAL- MISC.

Owner Name( s): RIGHTWAY SITE SERVICES, INC.

ROBERT M HARDING
Description: RENTAL | SERVICE
Issue Date: 3/1/2025 Expiration Date: 2/28/2026

RIGHTWAY PORTABLE TOILETS & TEMPORARY

STORAGE CONTAINERS
530 CENTRAL AVE
LAKE ELSINORE, CA 92530-2734
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender- based discrimination of business establishments. A full notice is available in English or other languages by going to: https:// www. dca.ca.gov/publications/ TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE Certificate Of Completion
Envelope Id: 779ECC1C- 5BAB- 4821- 8CF9-072AB92B6664
Subject: Complete with Docusign: Rightway Site Services - Amendment No. 2.pdf Source Envelope:

Status: Completed
Document Pages: 12 Signatures: 5
Initials: 2
Envelope Originator:

KhalilCertificate Pages: 6 Carla
AutoNav: Enabled 130 S. Main Street
EnvelopeId Stamping: Enabled
Time Zone: ( UTC- 08:00) Pacific Time ( US & Canada)
Lake Elsinore, CA 92530
ckhalil@lake- elsinore. org
IP Address: 76.79.110. 130
Record Tracking
Status: Original Holder: Carla Khalil Location: DocuSign 3/18/2025 11:11:49 AM ckhalil@lake- elsinore. org
Signer Events Signature Timestamp
Brendan Rafferty Sent: 3/18/2025 11:15:19 AM
Viewed: 3/18/2025 4:58:47 PM
Signed: 3/18/2025 5:00:31 PM
brafferty@lake- elsinore. org
Security Level: Email, Account Authentication
None)
Signature Adoption: Pre-selected Style
Using IP Address: 47.180.22.242
Electronic Record and Signature Disclosure:

Accepted: 6/30/2022 11:05:58 AM
ID: 706c7293- 4fff-4a42- bd8d- a03bc71bf87d
Shannon Buckley Sent: 3/18/2025 5:00:32 PM
Viewed: 3/18/2025 5:01:14 PM
Signed: 3/18/2025 5:01:35 PM
sbuckley@lake- elsinore. org
Assistant City Manager
Security Level: Email, Account Authentication
None) Signature Adoption: Pre- selected Style
Using IP Address: 47.180. 22.242
Electronic Record and Signature Disclosure:

Accepted: 3/18/2025 5:01:14 PM
ID: b07b433a- 75fc-4bc1-a260-c9f76f3f805e
David Mann Sent: 3/18/2025 5:01:37 PM
Viewed: 3/18/2025 8:32:41 PM
Signed: 3/18/2025 8:33:26 PM
david@ceqa. com
Security Level: Email, Account Authentication
None)
Signature Adoption: Pre-selected Style
Using IP Address: 184.183.85.151
Electronic Record and Signature Disclosure:

Accepted: 3/18/2025 8:32:41 PM
ID: 66f179fe- 6e44-4184- ba8a-fa29aa7579b6
Robert Harding Sent: 3/18/2025 8:33:27 PM
Resent: 3/26/2025 9:35:38 AM
Resent: 3/31/2025 11:50:48 AM
Viewed: 4/1/2025 11:24:55 AM
Signed: 4/1/2025 11:25:33 AM
sharding@rightwayportable. com
Security Level: Email, Account Authentication
None)
Signature Adoption: Pre-selected Style
Using IP Address: 8.26.72.143
Electronic Record and Signature Disclosure:

Accepted: 3/19/2025 3:21:00 PM
ID: ac855254- 4108-4118-97a5-b49181a03912
Signer Events Signature Timestamp
Jason Simpson Sent: 4/1/2025 11:25:35 AM
Viewed: 4/1/2025 11:59:08 AM
Signed: 4/1/2025 11:59:13 AM
jsimpson@lake- elsinore. org
City Manager
city of Lake Elsinore
Signature Adoption: Pre-selected Style
Using IP Address: 47.144.241.87
Signed using mobile
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:

Accepted: 4/1/2025 11:59:08 AM
ID: 83d8ecf9- 43bc-4eda-ba21-fecdd725fd5d
Candice Alvarez Sent: 4/1/2025 11:59:14 AM
Viewed: 4/1/2025 12:13:12 PM
Signed: 4/1/2025 12:13:33 PM
calvarez@lake- elsinore. org
City Clerk
City of Lake Elsiniore
Signature Adoption: Uploaded Signature Image
242Security Using IP Address: 47.180.22.

Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:

Accepted: 10/24/2019 11:01:03 AM
ID: 0018f862- 4e7a- 4c04-91a9-67d7112db44f
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Signature
Status
Status
Status
Status
Status
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Luz Reyes Sent: 4/1/2025 12:13:34 PM
lreyes@lake- elsinore. org
Deputy City Clerk
City of Lake Elsinore
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Jill Theriot Sent: 4/1/2025 12:13:35 PM
jtheriot@lake- elsinore. org
Administrative Assistant
City of Lake Elsinore
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Witness Events Signature
Signature
Status
Timestamp
Timestamp
Timestamps
Notary Events
Envelope Summary Events
Envelope Sent Hashed/ Encrypted
Security Checked
Security Checked
3/18/2025 11:15:19 AM
4/1/2025 12:13:12 PM
4/1/2025 12:13:33 PM
Certified Delivered
Signing Complete
Envelope Summary Events Status Timestamps
Completed Security Checked 4/1/2025 12:13:35 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 2/5/2018 9:41:59 AM Parties agreed to: Brendan Rafferty, Shannon Buckley, David Mann, Robert Harding, Jason Simpson, Candice Alvarez

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14) Amendment No. 4 to the Agreement with Excel Landscape, Inc. for Monthly Landscape Services for Citywide Facilities and Streetscapes Approve and authorize the City Manager to execute Amendment No. 4 to the Agreement with Excel Landscape, Inc. to extend the Term of the Original Agreement, as amended on a month-to-month basis for three (3) additional months with Excel Landscape, Inc., in an amount not to exceed $31,680 per month and authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $3,168.00 for unforeseen additional work in Fiscal Year 2025-26 beginning July 1, 2025.

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Rick De Santiago, Public Works Manager
Date: July 8, 2025
Subject: Amendment No. 4tothe Agreement with Excel Landscape, Inc. for Monthly Landscape Services for Citywide Facilities and Streetscapes Recommendation
Approve and authorize the City Manager to execute Amendment No. 4 to the Agreement with Excel Landscape, Inc. to extend the Term of the Original Agreement, as amended on a monthto-month basis for three (3) additional months with Excel Landscape, Inc., in an amount not to exceed $ 31,680 per month and authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $3,168.00 for unforeseen additional work in Fiscal Year 2025-26 beginning July 1, 2025.

Background
On June 30, 2025, Excel Landscape, Inc. completed a five-year agreement with the City of Lake Elsinore for monthly landscape services for citywide facilities and streetscapes. After the five-year agreement, the City and Excel Landscape agreed to seek an extension of the agreement to continue the monthly landscape services for citywide facilities and streetscapes for three ( 3) additional months.

Discussion
This amendment will provide for the continued services of monthly landscape services to citywide facilities and streetscapes. Therefore, staff is requesting a month-to-month agreement with Excel Landscape to allow sufficient time until the new contract is awarded. The total planned compensation for the three (3) month period is $95,040 and will be paid in monthly installments, with a 10% contingency.

Amendment No. 4 with Excel Landscape

Page 2 of 2 ends

Fiscal Impact
Funds are available in the City’s FY 25-26 Annual Citywide Landscape Maintenance Program.

Attachments
Attachment 1 - Amendment No. 4
Exhibit A - Monthly Invoices
Attachment 2 - Amendment No. 3
Attachment 3 - Amendment No. 2
Attachment 4 - Amendment No. 1
Attachment 5 - Original Agreement
Exhibit A - 1st Extension Letter
Exhibit B - 2nd Extension Letter
Public Works
AMENDMENT NO. 4

TO AGREEMENT FOR CONTRACTOR SERVICES
Excel Landscape, Inc.

Annual Citywide Landscape Maintenance Services
This Amendment No. 4 to Agreement for Contractor Services is made and entered into as of 7/8/2025, by and between the City of Lake Elsinore, a municipal corporation (“ City), and Excel Landscape, Inc, a Corporation (“ Contractor”).

RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of 10/20/2020, ( 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 was amended pursuant to the certain Amendment No. 1 dated July 12, 2022, Amendment No. 2 dated April 25, 2023, and Amendment No. 3 dated February 25, 2025, which Original Agreement together with the Amendments thereto is hereafter referred to as the “Agreement.”
C. The parties now desire to extend the term of the Agreement and provide for compensation during such extended term.

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

1. Section 2, Scope of Services, subject c, Term, of the Agreement is hereby amended to add the following:

Notwithstanding the foregoing, this Agreement shall continue in full force and effect for a period of three (3) additional months, commencing on July 1, 2025, and ending on September 31, 2025.

2. Section 3, Compensation of the Original Agreement is hereby amended to add the following:

Notwithstanding the foregoing, for purposes of Amendment No. 4 and for the remaining three-month term thereof, compensation to be paid to Contractor shall not exceed Ninety-Five Thousand Forty dollars ($95,040) without additional written authorization from the City.

1. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Amendment No. 4 to be executed on the respective dates set forth below.

CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
CONTRACTOR”
Excel Landscape, Inc.

City Manager
Date:

Jose Alfaro, Sr
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

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

AMENDMENT NO. 3

TO AGREEMENT FOR CONTRACTOR SERVICES
Excel Landscape, Inc.

Annual Citywide Landscape Maintenance Services
This Amendment No. 3 to Agreement for Contractor Services is made and entered into as of 2/25/2025, by and between the City of Lake Elsinore, a municipal corporation (“ City), and Excel Landscape, Inc., a Corporation (“ Contractor”).

RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of 10/27/2020, ( 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 Two Hundred Thirteen Thousand Three Hundred dollars ($213,300.00).

C. The Original Agreement had a term commencing October 27, 2020, and ending on June 30, 2023.

D. Amendment No. 1 was approved on July 12, 2022, to increase the compensation in an amount not to exceed Two Hundred Sixty-Six Thousand Three Hundred dollars 266,300.00).

E. Amendment No. 2 was approved on April 25, 2023, to increase the compensation in an amount not to exceed Three Hundred Fifty-Three Thousand dollars ($353,000.00).

F. The parties now desire to increase the payment for such services as set forth in this Amendment No. 3 for an annual amount not to exceed $444,000.00.

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

1. Section 1, Scope of Services of the Original Agreement is hereby amended to add the following:

In addition to the Scope of Services attached to the Original Agreement and Amendments No. 1 and No. 2, Contractor shall also perform the services described in Contractor’ s Proposal attached to this Amendment No. 3 as Exhibit A-3. Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor’s Scope of Work Exhibit A-3), subject to the direction of the City through its staff that it may provide from time to time.

2. Section 3, Compensation, of the Original Agreement is hereby amended toread in its entirety as follows:

Compensation to be paid to Contractor shall be in accordance with the fees set forth in the Contractor’ s Proposal ( Exhibit A to the Original Agreement Docusign Envelope ID: 242E508D- AAF0- 4947-A4B1-B9C5EC4C79F6 as amended by Amendment No. 1, Amendment No. 2 and the Contractor’s Proposal attached as Exhibit A-3 tothis Amendment No. 3 and incorporated herein by reference). For purposes of Amendment No. 3 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-3 Amendment No. 3). In no event shall Contractor ’ s annual compensation exceed Four Hundred Forty-Four Thousand dollars ($ 444,000.00) without additional written authorization from the City. Notwithstanding any provision of Contractor’ s Proposal to the contrary, out of pocket expenses 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.
a. 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. 3 to be executed on the respective dates set forth below.

CITY”
CITY OF LAKE ELSINORE, a municipal
CONTRACTOR”
Excel Landscape, Inc., a Corporation
City Manager
Date:

Jose Alfaro, Sr
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Docusign Envelope ID: 242E508D- AAF0- 4947-A4B1-B9C5EC4C79F6 CDT3/ 17/ 2025 | 2: 11 PM PDT 3/ 17/ 2025 | 3: 20 PM
Assistant City Manager
Attachments: Exhibit A-3 – Contractor ’s Proposal
Docusign Envelope ID: 242E508D- AAF0- 4947-A4B1-B9C5EC4C79F6 EXHIBIT A-1
CONTRACTOR ’S PROPOSAL
ATTACHED]
Docusign Envelope ID: 242E508D- AAF0- 4947-A4B1-B9C5EC4C79F6 Docusign Envelope ID: 242E508D- AAF0- 4947- A4B1- B9C5EC4C79F6 Docusign Envelope ID: 242E508D- AAF0- 4947- A4B1- B9C5EC4C79F6 Docusign Envelope ID: 242E508D- AAF0- 4947- A4B1- B9C5EC4C79F6 Docusign Envelope ID: 242E508D- AAF0- 4947- A4B1- B9C5EC4C79F6 Docusign Envelope ID: 242E508D- AAF0- 4947- A4B1- B9C5EC4C79F6

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER

CONTACT
NAME:

FAXPHONE
A/C, No, Ext): A/C, No):(
E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER EXPTYPEPOLICY EFF POLICYOF INSURANCE MM/DD/ LIMITS( YYYY)( MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

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

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
RENTEDCLAIMS-DAMAGE TO MADE OCCUR $ PREMISES ( Ea occurrence) MED EXP (Any one person)$
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PROPOLICY AGGJECT LOC PRODUCTS - COMP/ OP
OTHER:$

COMBINED SINGLE LIMIT
Ea accident)
ANY AUTO BODILY INJURY ( Per person)$

OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY ( Per accident)$

HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY ( Per accident)

OCCUR EACH OCCURRENCE
CLAIMS- MADE AGGREGATE $
DED RETENTION $
PER OTHSTATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
LIMITDESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY INSURER( S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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

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

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

CERTIFICATE OF LIABILITY INSURANCE

DATE ( MM/DD/YYYY)
The ACORD name and logo are registered marks of ACORD
7/30/2024
License # 0M63276
951) 368-0700 ( 951) 368-0707
23434
Excel Landscape, Inc.
1185 Magnolia Ave., #E400
Corona, CA 92879
25496
A 1,000, 000
X X A0133421004 8/1/2024 8/1/2025 500, 000
5,000
1,000, 000
3,000, 000
2,000, 000
000A1,000,
X X A0133421001 8/1/2024 8/1/2025
000A3,000,
A0133421005 8/1/2024 8/1/2025 3,000, 000
0 B
T10241326 4/1/2024 4/1/2025 1,000, 000
Y
1,000, 000
1,000, 000
Job # 7721
Re: All landscape operations performed by or on behalf of the named insured.

The City of Lake Elsinore, The Community Redevelopment Agency of the City of Lake Elsinore (RDA), Its directors, officers & employees are named as additional insured.

City of Lake Elsinore
Attn: Public Works Department
521 N. Langstaff Street
Lake Elsinore, CA 92530
EXCELAN- 01 ASHUNN
Gallant Risk and Insurance Services, LLC
4160 Temescal Canyon Rd. Suite 214
Corona, CA 92883
Middlesex Insurance Company
StarStone National Insurance Company
X
X
X
X
X
X
X
X
Docusign Envelope ID: 242E508D- AAF0- 4947-A4B1-B9C5EC4C79F6 Docusign Envelope ID: 242E508D- AAF0- 4947-A4B1-B9C5EC4C79F6 POLICY NUMBER:

SCHEDULE

COMMERCIAL AUTO
CA 76 01 06 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED - PRIMARY AND

NONCONTRIBUTORY - COVERED AUTOS

LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

AUTO DEALERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.

This endorsement identifies person( s) or organization( s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated.

Named Insured: Excel Landscape Inc
Endorsement Effective Date: 08/01/2024
Name Of Person( s) Or Organization( s):

Any person or organization you are required to add as an additional insured under a written contract or agreement in effect prior to any accident, injury, loss or damage Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Each person or organization shown in the
Schedule is an " insured" for Covered Autos
Liability Coverage, but only to the extent that
person or organization qualifies as an " insured"
under the Who Is An Insured provision contained
in:
1) Paragraph A.1. of Section II - Covered Autos
Liability Coverage in the Business Auto and
Motor Carrier Coverage Forms; or
2) Paragraph D.2. of Section I - Covered Autos
Coverages of the Auto Dealers Coverage
Form.

B. Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other auto insurance issued
to the person or organization in the schedule
under your policy provided that:
1) The person or organization is a Named Insured
under such other insurance; and
2) Prior to the “ accident” you have agreed in
writing in a contract or agreement that this
insurance would be primary and would not
seek contribution from any other insurance
available to the person or organization.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

A0133421001
1CA 76 01 06 15 Page 1 of
A0133421
Middlesex Insurance Company
N100001 0000000000 22210 0 4c9cb5b1- f7802c569abd4c9cb5b1- a664-a664- 4e05-4e05- b188-b188- f7802c569abd 24-25
Docusign Envelope ID: 242E508D- AAF0- 4947-A4B1-B9C5EC4C79F6 Named Insured:

Endorsement Effective Date:

Name( s) Of Person( s) Or Organization( s):

POLICY NUMBER: A0133421001 COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

SCHEDULE
Any person or organization from whom you are required to waive your right to recover under a written contract or agreement in effect prior to any loss or damage
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person( s) or organization( s) shown in the Schedule,
but only to the extent that subrogation is waived
prior to the " accident" or the "loss" under a contract with that person or organization.

Insurance Services Office, Inc., 2011
Excel Landscape Inc
08/01/2024
1CA 04 44 10 13 Page 1 of
A0133421
Middlesex Insurance Company
N100001 0000000000 22210 0 0b4a9ea6- f29054d2dac20b4a9ea6- 53fa-53fa- 4cde-4cde- 9f54-9f54- f29054d2dac2 Docusign Envelope ID: 242E508D- AAF0- 4947-A4B1-B9C5EC4C79F6

CITY OF LAKE ELSINORE

TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:

Business Location:

Owner Name(s):

BUSINESS LICENSE NO.

Issue Date: Expiration Date:

BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
710 RIMPAU STE 108 Business Type:

CORONA, CA 92879
EXCEL LANDSCAPE, INC.
1185 MAGNOLIA AVE STE E-400
CORONA, CA 92879-3218
This business license is issuedfor revenue purposes only anddoes not grant authorization to operate a business. This business license is issuedwithout verificationthat the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency.

Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH( 951) 674-3124
EXCEL LANDSCAPE, INC.

JOSE ALFARO

LANDSCAPING CONTRACTOR
004404
5/1/2024 4/30/2025
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender- based discrimination of business establishments. A full notice is available in English or other languages by going to: https:// www. dca. ca.gov/ publications/ Docusign Envelope ID: 242E508D- AAF0- 4947-A4B1-B9C5EC4C79F6 DocuS ign Envelope ID: B2A70EA5- 023D- 42FB- B45A- 233932BAEF28 AMENDMENT NO. 2

TO AGREEMENT FOR CONTRACTOR SERVICES
Excel Landscape, Inc .

Annual Citywide Landscape Maintenance Services
This Amendment No . 2 to Agreement for Contractor Services is made and entered into as of4/25/2023 , by and between the City of Lake Elsinore , a municipal corporation (" City), and Excel Landscape , Inc ., a corporation (" Contractor").

RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of 10/27/2020, (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 Two Hundred Thirteen Thousand Three Hundred dollars ($213 ,300).

C . Amendment No . 1 was approved on July 12 , 2022 , to increase the compensation in an amount of Two Hundred Sixty-Six Thousand Three Hundred dollars ($ 266 ,300).

D . The parties now desire to amend the scope of services and increase the payment for such services as set forth in this Amendment No 2 .

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

1. Section 1, Scope of Services , of the Orig inal Agreement is hereby amended to add the follow ing :

Contractor shall also perform the services described in Contractor ' s Proposal ( attached to this Amendment No . 2 as Exhibit A -2). Contractor shall provide such services at the time , place , and in the manner specified in Exhibit A-2 , subject to the direction ofthe City through its staffthat it may provide from time to time.
2 . Section 3 , Compensation , of the Original Agreement is hereby amended to read in its entirety as follows :

Notwithstanding the foregoing , for purposes of Amendment No. 2 and the term thereof, compensation to be paid to Contractor shall be in accordance with the Schedule of Charges set forth in Contractor' s Proposa ls referenced collectively as Exhibit A -1 to Amendment No . 1 and Exhibit A-2 ofAmendment No . 2). In no event shall Contractor 's compensation related to Contractor 's Proposals exceed Three Hundred Fifty-Three Thousand dollars ($ 353 ,000) for the fiscal year commencing the July 1, 2023 through June 30 , 2024 without addi tional written authorization from the City .

DocuSign Envelope ID: CA9803C9-8259-48BE-8CC6-C5BDDCB16DFF Docu Sign Envelope ID : B2A70EA5- 023D- 42FB- B45A- 233932 8AEF28 Notwithstanding any provision of Contractor ' s Proposal to the contrary, out of pocket expenses set forth in Contractor' s Proposals, shall be reimbursed at cost without an inflater 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.

3. Pursuant to Section 2(c) of the Original Agreement, the City hereby elects to extend the term of the Original Agreement by 12 months until June 30, 2024, and Contractor acknowledges and consents to such extension .
4 . Except for the changes specifically set forth herein , all other terms and conditions of the Original Agreement, as amended , shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed on the respective dates set forth below .

CITY "
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
Date: _______ _
ATTEST:

City Clerk
APPROVED AS TO FORM :

City Attorney
Assistant City Manager
CONTRACTOR"
Excel Landscape , Inc. a Corporation
Jose Alfaro , Sr.

Date: ________ _
Attachments: Exhib it A-2 - Contractor ' s Proposal
DocuSign Envelope ID: CA9803C9- 8259-48BE-8CC6-C5BDDCB16DFF 5/ 31/ 2023 | 6: 45 PM CDT
5/ 31/ 2023 | 4: 56 PM PDT
DocuSign Envelope ID: B2A70EA5- 023D- 42FB- B45A- 2339328AEF28 EXHIBIT A-2

CONTRACTOR' S PROPOSAL
ATTACHED]
DocuSign Envelope ID: CA9803C9- 8259-48BE-8CC6-C5BDDCB16DFF DocuSign Envelope ID: B2A70EA5- 023D- 42FB- B45A- 2339328AEF28

EL LANDSCAPE
City of Lake Elsinor e
Dotm ow,, tvain s
t 30 Soutt1 Main St
ake Elsinore, Californ, a 92530
Es timat e # 10308
Fro m Excel L andscape South
8J0) 734-9650
185 M agnolia Av e E40C
Corora CA , 32879
Bill - o Down O'-'n Mair st
130 South ~~•"' St
a e !=lsnore . Calt •orr, a 92530
Sent On 02 222023
Job T itle c amil/ center
Job um ber 772 1
ocauon Fam,I1 center
PRODUCT ! SERVICE DESCRIPTION OTV. UNIT PRICE TOTAL
Plant 1 gallon One gallon plant installed
Irrigation Labor Irrigation Labor
Mulch 1yard Cover mulch installed
Tree Removal Small tree removal and flush cut
Plant 5 gallon (Iceberg rose ) 5 gallon plant installed Labor Standard Labor
Material 1812 with mp rotator nozzle
Material Pvc pipe 3/4
Material Pvc fittings
Price does no inclLoe a"} reol acemen of 1r" 1gat1on 1, alves irr gal on : or u o•ler . or w1rng
h,s o..;ote s v , , c va es nia oe suo1ec to
lan ge
Signature: Date:
1100 $ 12.00 $ 13,200 .00
16 $ 75.00 $ 1,200.00
50 $ 45.00 $ 2,250 .00
7 $ 150. 00 $ 1 ,050.00
40 $ 35.00 $ 1 ,400.00
32 $ 45.00 $ 1 ,440 .00
46 $ 30.00 $ 1,380.00
800 $ 0 .95 $ 760 .00
1 $ 250 .00 $ 250 .00
Total $ 22,930.00
DocuSign Envelope ID: CA9803C9-8259-48BE-8CC6-C5BDDCB16DFF DocuSign Envelope ID : B2A70 EA5 -023D- 42FB- B45A- 2339328AEF28

EL LANDSCAPE
City of Lake Elsinore
Canyon Hills Sports Par
34360 Canyon Hills Rd
Lake Elsinore . Cal ifornia 92532
Estimate # 10345
Fr o m Exc el Landscape South
800) 734- 9650
1185 Magnolia Ave . E400
Corona CA . 92879
8111 To Downtown Main st
130 South Main St
Lake Elsinore , California 92530
Sent On 04/ 07 2023
Job Title Palm tree Irn gat ion repa ir due to
construction damage
Job umber 7721
Location Canyon Hills Sports Par palm trees
PRODUCT I SERVICE DESCRIPTION QTY . UN IT PRICE TOTAL
Material
Material
Materi al
Labor
Irrigation Labor
Ra in Bird bubbler . 25 GPM
Schedule 40 3/4 in PVC pipe
Misc pvc fi ttings
Standard Labor
Irrigation Labor
This quote is valid for the next 30 days . after which values may be subiect to change
Signature: _________ _ Da te: _____ _
24 80
12 12

45. 00

0.95 150. 00

45. 00

75.00 Total
1 ,080. 00
76 .00
150 .00
540 .00
900. 00
I $
2 ,746.00
DocuSign Envelope ID: CA9803C9- 8259-48BE-8CC6-C5BDDCB16DFF Et LANDSCAPE Ave. Suite 108 c492879-5724
951 ) 735-9650 Fax (951 ) 735- 0469 . Lic # 694553
May 15,2023
City of Lake Elsinore
Attn: Rick De Santiago
130 S Main St.

Lake Elsinore, CA 92530
Mr. Rick De Santiago,
Thank you for the opportunity to maintain the streetscapes for the City Of Lake Elsinore for the last several years. At this time Excel Landscape would like to express our interest in extending the current agreement for an additionalyear. Due to increased labor and material costs of over 6% for the last 2 years, we would respectfully request a 6% increase of the total contract amount to help cover these increased costs. The contract amounts are as outlined below:

Lake Elsinore Streetscapes
Current monthly contract amount - $ 17,775.00
lncreased monthly contract amount - $ 18,841.50
Increase per month - $ 1066.50
We look forward to continue serving your city. Please feel free to contact me if you have any questions.

Respectfully,
Sototr Ctlk "
o
Jason Alfaro
Project Manager
DocuSign Envelope ID: CA9803C9- 8259-48BE-8CC6-C5BDDCB16DFF DocuSign Envelope ID: F3C2701 E-B255-4FF6-A603-02F847CD86D9

CI TY OFA
LAKE 6 1siNOR£
DREAM E;( TREME
May 30, 2023
Excel landscape
Attn: Jason Alfaro
710 Rimpau Ave. Suite 108
Corona, CA 92879
RE: RATE INCREASE
Dear Mr. Alfaro:

This letter serves as a notice of acceptance regarding your 6% increase due to the unforeseen cost increases to material and labor on your Annual Contract dated April 25 , 2023 , and ending June 30, 2024.

Current monthly contract amount -$ 17, 775 .00
Increased monthly contract amount -$ 18,841 .50
Increase per month -$ 1 ,066. 50
If you have any questions regarding this matter, please contact Carla Khalil, Management Analyst Department of Public Works at ( 951) 674- 5170 ext. 364.

Sincerely,
r::=M~
Sh lii'ri'li'Wsilc~ ley
Assistant City Manager
DocuSign Envelope ID: CA9803C9-8259-48BE-8CC6-C5BDDCB16DFF DocuSign Envelope ID : B2A70EA5- 023D- 42FB- B45A- 2339328AEF28 I.

II.

ADDENDA NO. 1 & 2 & 3
EXHIBIT "B"

CITY OF LAKE ELSINORE

LANDSCAPE MAINTENANCE EXTRA WORK

PRICE SHEET
Turf Maintenance ( All Turf Areas) Unit Cost

1. Mowing ( Including Bagging of Clippings) $ 4 5 0 0

2. Edging $ 4 5 0 0

3. String Trimming $ 4 5 0 0
4 . Aerification ( Core/ 3") $ Quote

5. Aerification ( Deep Tine/ 6") $ NIA

6. Weed Removal ( Manual) $ Quote
7 . Pest Control ( Manual) $ 7 5 . 0 0

8. Fertilization ( Placement Only) $ Quote

9. Materials ( Fertilizer, Soil Amends) $ Cost + 15%

10. Over seeding of Sports turf ( Soccer Field , Football Field) $ Quote 11 . Over seeding of Sports turf ( Baseball Field) $ Quote 12 . Over seeding of General use turf areas $ Quote

13. Artificial Turf areas $ Quote
General LandscaR! Maintenance ( Planters and SloR! Areas)

1. Edging ( Ground Cover) $ 4 5 0 0
2 . Trimming ( Shrubs, Ground Cover) $ 4 5 0 0

3. Pruning/Shrubs , Vines , Roses $ 4 5 0 0

4. Pruning/Trees (To 18') $ 0uote

5. Weed Removal ( Manual) $ 4 5 . 0 0
6 . Pest Control (Manual) $ 7 5 . 0 0

7. Fertilization ( Placement Only) $ Quote

8. Vegetation Removal $ Quote
9 . Materials (Fertilizer , Soil Amends) $ Cost + 15%
Ill. Plant Material ( Installed, All Areas)

1. Annual Color (4 " Container) $ 3 0 0 0
2 . Ground Cover $ 3 0 0 0

3. One (1) Gallon $ 1 2 0 0
4 . Five (5) Gallon $ 2 8 0 0
Perman HR.
lir , ear ft . rer man HR.
liflleer ft . Per man HR
sq . ft.
sq . ft.
per man hr.
per man hr.(Labor only )
sq. ft.
sq . ft. (min . 40, 000 sq. ft.)
sq . ft. ( min. 5 ,000 sq. ft.)
sq . ft. (min. 1,000 sq. ft .)
sq . ft. (min . 1,000 sq . ft.)
lilllHF fl Per man HR. ........

Perman HR.

Perman HR.
each
per man hr.
per man hr.
fl, Perman HR.
sq . ft.
each
flat
each
each

5. Fifteen ( 15) Gallon $ 1 5 0 0 0 each

6. 24" Box Tree $ 2 7 5 . 0 0 each
7 . Seeded Turf $ Quote sq . ft.
8 . Sodded Turf $ Quote sq . ft.
9 . Hydroseed $ Quote sq . ft.

10. Soil Preparation ( Existing Area) $ Ouote sq . ft . 11 . Soil Preparation ( New Area) $ Ouote sq . ft .
12 . Wood Mulch $ 5 0 . 0 0 cu . yd .
8-1
DocuSign Envelope ID: CA9803C9- 8259-48BE-8CC6-C5BDDCB16DFF DocuSign Envelope ID : B2A70EA5- 023D- 42FB- B45A- 2339328AEF28 IV. Irrigation System Maintenance

1. Inspection

2. Repair (Main Line, Lateral Line , Sprinklers}

3. Parts
V. General Pest Control

1. Written Recommendation by PCA

2. Qualified Appl icator (QAC}
3 . Trained Applicator
4 . Material
8 -2
7 5 . 0 0
7 5 . 0 0
Cos t+ 15%
per hr.
per hr.

O~u~~~e ___ each
1 2 s . o o per hr.
7 s . o o per hr .

Ouote
DocuSign Envelope ID: CA9803C9- 8259-48BE-8CC6-C5BDDCB16DFF DocuSign Envelope ID : 82A70EA5- 023D- 42FB- B45A- 2339328AEF28 EXCELAN- 01 ASHIINN
ACORD'

CERTIFICATE OF LIABILITY INSURANCE I
DATE (MMIDDIYYYY) ~
3/31/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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 riahts to the certificate holder in lieu of such endorsement( s).

PRODUCER License # 0M63276 S2t!.!~CT
Gallant Risk and Insurance Services, LLC ri:,~:o, Ext): ( 951) 368- 0700 I FAX 4160 Temescal Canyon Rd. Suite 214 ( A/C, No):( 951) 368- 0707 Corona, CA 92883 ~~~ .....

INSURERISl AFFORDING COVERAGE NAIC#
INSURER A: Middlesex Insurance Comoanv 23434
INSURED INSURER B : StarStone National Insurance Comoanv 25496 Excel Landscape, Inc. INSURERC :
1185 Magnolia Ave., # E400 INSURERD :

Corona, CA 92879
INSURERE :

INSURERF :

COVERAGES CERTIFICATE NUMBER· REVISION NUMBER·

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

I~~ TYPE OF INSURANCE 1~.?. Pk I~ POLICY NUMBER

POLICYEFF POLICY EXP
LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE [!] OCCUR
DAMAGE TO RENTED 500,000 X X 1Ao133421004 8/1/2022 8/1/2023 co,""~'"',.,,_ $ MEO EXP (Anyone~~, $ 5,000
1,000,000
PERSONAL & ADV INJURY $ ~
3,000,000
R ' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
POLICY [!] ~ rg: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $
A
COMBINED SINGLE LIMIT ( 1,000, 000 ~ TOMOBIL£ LIABILITY IF• ..... A•""

ANY AUTO - X X
1Ao133421001 8/1/2022 8/1/2023 BODILY INJURY / Per =, wnl (

OWNED SCHEDULED
AUTOS ONLY .__ AUTOS .__ BODILY INJURY / Per accidenll $ rp~~~d°Z.t?AMAGE ~
LRT'WsoNLY .__ ~ ar~ii1~ $ .__
Comp/ Coll Ded 1,000 (
A UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 3,000, 000 .__ X EXCESSLIAB CLAIMS- MADE IA0133421005 8/1/2022 8/1/2023 3,000, 000 AGGREGATE $ OED IX I RETENTION$ 0 Follow Form (
B WORKERS COMPENSATION X I ~¥:ruTE I
I 2JHAND EMPLOYERS' LIABILITY
YIN T10231326 4/1/2023 4/1/2024 1,000, 000
ANY PROPRIETOR/ PARTNER/ EXECUTIVE [!] E.L. EACH ACCIDENT $ NIA p~:~ai~l~i~1 EXCLUDED? 1,000, 000
E.L. DISEASE - EA EMPLOYEF $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT ( 1,000, 000
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICL£S (ACORD 101 , Addltlonal Remarks Schedule, may be attached If more apace la required) Job# 7721
Re: All landscape operations performed by or on behalf of the named insured.

The City of Lake Elsinore, The Community Redevelopment Agency of the City of Lake Elsinore ( RDA), Its directors, officers & employees are named as additional insured.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Lake Elsinore

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

Attn: Public Works Department
521 N. Langstaff Street
Lake Elsinore, CA 92530 AUTHORIZED REPRESENTATIVE
Amue- stu.uc.n,
I
ACORD 25 (2016/ 03) © 1988- 2015 ACORD CORPORATION . All rights reserved.

The ACORD name and logo are registered marks of ACORD
DocuSign Envelope ID: CA9803C9- 8259-48BE-8CC6-C5BDDCB16DFF DocuSign Envelope ID : B2A70EA5- 023D- 42FB- B45A- 2339328AEF28 POLICY NUMBER : A0133421004 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

Any person or organization from whom you are required to waive your right to recover under a written contract or agreement in effect prior to any loss or damage
Information required to complete this Schedule, if not shown above , will be shown in the Declarations .

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV - Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
your work" done under a contract with that person
or organization and included in the
products-completed operations hazard". This waiver
applies only to the person or organization shown in
the Schedule above .

CG 24 04 05 09
A013342 1
Middlesex In su rance Company
1 0000 1 0000000000 22210 0 N
Insurance Services Office, Inc ., 2008
9b1287de- 312d- 4a17-9741 - 58ca38b87b89

Page 1 of 1 ends

07/29/2022
DocuSign Envelope ID: CA9803C9- 8259-48BE-8CC6-C5BDDCB16DFF DocuSign Envelope ID: B2A70EA5- 023D- 42FB- B45A- 2339328AEF28 POLICY NUMBER: A0133421004 COMMERCIAL GENERAL LIABILITY CG 20 37 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s) Location And Description Of Completed Or Organization( s) Operations
Any person or organization you are required to add as All locations and jobs performed that have a written an contract, agreement or permit
additional insured under a written contract or
agreement
in effect prior to any accident, injury, loss or damage Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

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

However:

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

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

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

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

1. Required by the contract or agreement; or

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

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

CG20370413
A0133421
Insurance Services Office, Inc., 2012 Page 1 of 1
07/29/2022
Middlesex Insurance Company
1 00001 0000000000 22210 0 N dab9b575 - ce7d- 4dd9- b0b7- 3d9b59910411 DocuSign Envelope ID: CA9803C9- 8259-48BE-8CC6-C5BDDCB16DFF DocuSign Envelope ID: 82A70EA5- 023D-- 42FB- B45A- 2339328AEF28 POLICY NUMBER : A0133421004 COMMERCIAL GENERAL LIABILITY CG 2010 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following :

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s) Location( s) Of Covered Operations
Any person or organization you are required to add as All locations per written contract. agreement or permit an Description:
additional insured under a written contract or All jobs performed that have a written contract , agreement agreement or permit
in effect prior to any accident, injury , loss or damage Information required to complete this Schedule . if not shown above, will be shown in the Declarations .

1. Your acts or omissions ; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above .

However:

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

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply :

This insurance does not apply to " bodily injury" or
property damage" occurring after:

1. All work , including materials , parts or
equipment furnished in connection with such
work, on the project ( other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed ; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or
subcontractor engaged in performing
operations for a principal as a part ofthe same
project.

CG20100413
A0133421
Insurance Services Office , Inc ., 2012 Page 1 of 2
Middlesex Insurance Company
DocuSign Envelope ID: CA9803C9-8259-48BE-8CC6-C5BDDCB16DFF DocuSign Envelope ID: 82A70EA5- 023D- 42FB- B45A- 2339328AEF28 C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Ill - Limits Of Insurance:

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

1. Required by the contract or agreement; or

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

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

Page 2 of 2 ends

A01~ 3421
Insurance Services Office , Inc ., 2012 CG20100413
Middlesex Insurance Company
DocuSign Envelope ID: CA9803C9- 8259-48BE-8CC6-C5BDDCB16DFF DocuSign Envelope ID: B2A70EA5- 023D- 42FB- B45A- 2339328AEF28 POLICY NUMBER: A0133421001 COMMERCIAL AUTO
CA 04441013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US ( WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by th is endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: Excel Landscape Inc
Endorsement Effective Date: 08/ 01/ 2022
Name( s) Of Person( s) Or Organization( s):

SCHEDULE
Any person or organization from whom you are required to waive your right to recover under a written contract or agreement in effect prior to any loss or damage
Information requ ired to complete this Schedule , if not shown above, will be shown in the Declarations.

The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person( s) or organization( s) shown in the Schedule ,
but only to the extent that subrogation is waived
prior to the " accident" or the " loss" under a contract with that person or organization.

CA 04441013
A013342 1
Middlesex Insu rance Company
1 00001 0000000000 22210 0 N
Insurance Services Office, Inc., 2011
0b4a9ea6- 53fa-4cde-9f54-f29054d2dac2

Page 1 of 1 ends

07/29/2022
DocuSign Envelope ID: CA9803C9-8259-48BE-8CC6-C5BDDCB16DFF DocuS ign Enve lope ID : B2A70EA5- 02 3D- 42FB- B45A- 2339328A EF28 POLICY NUMBER : A0133421001 COMMERCIAL AUTO
CA 76 01 0615
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED - PRIMARY AND

NONCONTRIBUTORY - COVERED AUTOS

LIABILITY COVERAGE
This endorsement modifies insurance provided under the following :

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

AUTO DEALERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.

This endorsement identifies person(s) or organizalion( s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provis ion of the Coverage Form .

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated .

Named Insured: Excel Landscape Inc
Endorsement Effective Date : 08/ 01/ 2022

SCHEDULE
Name Of Person( s) Or Organization( s):

Any person or organization you are required to add as an additional insured under a written contract or agreemen t in effect prior to any accident , injury , loss or damage Information required to complete this Schedule , if not shown above , will be shown in the Declarations .

A. Each person or organization shown in the
Schedule is an " i nsured" for Covered Autos
Liability Coverage , but only to the extent that
person or organization qualifies as an " insured "
under the Who Is An Insured prov ision contained
in:
1) Paragraph A .1. of Section II - Covered Autos
Liability Coverage in the Business Auto and
Motor Carrier Coverage Forms ; or
2) Paragraph D.2. of Section I - Covered Autos
Coverages of the Auto Dealers Coverage
Form .

B. Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other auto insurance issued
to the person or organization in the schedule
under your policy provided that:
1) The person or organ ization is a Named Insured
under such other insurance; and
2) Prior to the " accident" you have agreed in
writing in a contract or agreement that this
insurance would be primary and would not
seek contribution from any other insurance
available to the person or organization .

CA 76 010615
A013342 1
Includes copyrighted material of Insurance Services Office , Inc., Page 1 of 1 07/29/2022
Middlesex Insurance Company
with its permission .
1 00001 0000000000 22210 0 N 4c9cb5b1 -a664-4e05-b188-f7802c569abd DocuSign Envelope ID: CA9803C9-8259-48BE-8CC6-C5BDDCB16DFF DocuSign Envelope ID: B2A70EA5- 023D- 42FB- B45A- 2339328AEF28

Business Name: EXCEL LANDSCAPE, INC.

Business Location: 710 RIMPAU STE 108
CORONA, CA 92879
Owner Name( s): JOSE ALFARO
EXCEL LANDSCAPE, INC.
1185 MAGNOLIA AVE STE E-400
CORONA, CA92879-3218

CITY OF LAKE ELSINORE
Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH ( 951) 674- 3124
BUSINESS LICENSE NO. 004404
Business Type: LANDSCAPING CONTRACTOR
Issue Date: 5/1/2023 Expiration Date: 4/30/2024
Starting January 1, 2021 , Assembly Bill 1607 requires the prevention of gender- based discrimination of business establishments. A full notice is available in English or other languages by going to: https:// www. dca. ca.gov/ publications/ TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE DocuSign Envelope ID: CA9803C9-8259-48BE-8CC6-C5BDDCB16DFF

15) Amendment No. 5 to the Agreement with RP Landscape & Irrigation, Inc. for Monthly Landscape Services for Citywide Parks
Approve and authorize the City Manager to execute Amendment No. 5 to extend theTerm of the Original Agreement, as amended on a month-to-month basis for three (3) additional months with RP Landscape & Irrigation, Inc. in an amount not to exceed $74,530.35 per month and authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $7,453.00 for unforeseen additional work, in FY 2025-26, beginning July 1, 2025.

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Rick De Santiago, Public Works Manager
Date: July 8, 2025
Subject: Amendment No. 5 to the Agreement with RP Landscape & Irrigation, Inc. for Monthly Landscape Services for Citywide Parks
Recommendation
Approve and authorize the City Manager to execute Amendment No. 5 to extend the Term of the Original Agreement, as amended on a month-to-month basis for three (3) additional months with RP Landscape & Irrigation, Inc. in an amount not to exceed $74,530.35 per month and authorize the City Manager to execute change orders not to exceed a 10% contingency amount of 7,453.00 for unforeseen additional work, in FY 2025-26, beginning July 1, 2025.

Background
On June 30, 2025, RP Landscape & Irrigation completed a five-year agreement with the City of Lake Elsinore for monthly landscape services for citywide parks, beaches, and parkways. After the five-year agreement, the City and RP Landscape & Irrigation agreed to seek an extension of the agreement to continue the monthly landscape services for citywide parks for three ( 3) additional months.

Discussion
This amendment will provide for the continued services of monthly landscape services to citywide parks, beaches, and parkways. Therefore, staff is requesting a month-to-month agreement with RP Landscape & Irrigation to allow sufficient time until the new contract is awarded. The total plannedcompensation for thethree (3) monthperiodis $223,591.05and will bepaid for in monthly installments, with 10% contingency.

Fiscal Impact
Funds are available in the City’s FY 25-26 Annual Citywide Landscape Maintenance Program.

Amendment No. 5 with RP Landscape

Page 2 of 2 ends

Attachments
Attachment 1 - Amendment No. 5
Exhibit A - Monthly Invoices
Attachment 2 - Amendment No. 4
Attachment 3 - Amendment No. 3
Attachment 4 - Amendment No. 2
Attachment 5 - Amendment No. 1
Attachment 6 - Original Agreement
Exhibit A - 1st Extension Letter
Exhibit B - 2nd Extension Letter
Public Works
AMENDMENT NO. 5

TO AGREEMENT FOR CONTRACTOR SERVICES
RP Landscape & Irrigation, Inc.

Annual Citywide Landscape Maintenance Services
This Amendment No. 5 to Agreement for Contractor Services is made and entered into as of 7/8/2025, by and between the City of Lake Elsinore, a municipal corporation (“ City), and RP Landscape & Irrigation, Inc, a Corporation (“ Contractor”).

B. The Original Agreement was amended pursuant to the certain Amendment No. 1 dated June 28, 2022, Amendment No. 2 dated July 11, 2023, Amendment No. 3 dated August 8, 2023, and Amendment No. 4 dated May 14, 2024, which Original Agreement together with the Amendments thereto is hereafter referred to as the “Agreement.” C. The parties now desire to extend the term of the Agreement and provide for compensation during such extended term.

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

1. Section 2, Scope of Services, subject c, Term, of the Agreement is hereby amended to add the following:

Notwithstanding the foregoing, this Agreement shall continue in full force and effect for a period of three (3) additional months, commencing on July 1, 2025, and ending on September 31, 2025.

2. Section 3, Compensation of the Original Agreement is hereby amended to add the following:

Notwithstanding the foregoing, for purposes of Amendment No. 5 and for the remaining three-month term thereof, compensation to be paid to Contractor shall not exceed Two Hundred Twenty-Three Thousand Five Hundred Ninety-One and Five dollars ($ 223,591.05) without additional written authorization from the City.

1. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Amendment No. 5 to be executed on the respective dates set forth below.

CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
CONTRACTOR”
RP Landscape & Irrigation, Inc.

City Manager
Date:

Roy Perez, Owner
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

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

AMENDMENT NO. 4

TO AGREEMENT FOR CONTRACTOR SERVICES
RP Landscape & Irrigation, Inc.

Annual Citywide Landscape Maintenance Services
This Amendment No. 4 to Agreement for Contractor Services is made and entered into as of 5/14/2024, by and between the City of Lake Elsinore, a municipal corporation (“ City), and RP Landscape & Irrigation, Inc., a Corporation (“ Contractor”).

B. The Original Agreement provided for compensation to Contractor in an amount of Seven Hundred Forty-Three Thousand Forty-Two dollars and zero cents ($743,042.00).

C. The Original Agreement had a term of commencing on November 1, 2020, and ending June 30, 2023. The City may, at its discretion, extend the term of this Agreement on a 12- month basis not to exceed 2 additional twelve (12) month renewal terms.

D. Amendment No. 1 to the Original Agreement was executed on 6/28/22, to increase the amount of compensation by Two Hundred Six Thousand dollars and zero cents 206,000.00).

E. Amendment No. 2 to the Original Agreement was executed on 7/11/2023, to increase the amount of compensation by Ninety-Eight Thousand Five Hundred and zero cents 98,500.00).

F. Amendment No. 3 to the Original Agreement was executed on 8/8/2023, to increase theamount of compensation by Sixty-One Thousand Nine Hundred Twenty andfourteen cents ($61,920.14).

G. The parties now desire to amend and increase the payment for such services as set forth in this Amendment No. 4 for an annual amount not to exceed $1,153,357.27.

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

1. Section 3, Compensation, of the Original Agreement is hereby amended to add the following:

Notwithstanding the foregoing, for purposes of Amendment No. 4, compensation to be paid to Consultant shall be in accordance with Consultant’s Proposal dated April 17, 2024 (referenced as Exhibit A-1 to Amendment No. 4) and in no event shall Consultant’ s compensation related to Exhibit A-1 to Amendment No. 4 exceed Forty-Three Thousand Eight Hundred Ninety-Five and 13/100th dollars ($ 43,895.13) without additional written authorization from the City. Total compensation shall not exceed One Million One Hundred Fifty-Three Thousand Three Hundred DocuSign Envelope ID: FE8CC4DA- 30D8-4758-8EB7-3DDBB6BB8B3B Fifty-Seven and 27/100th dollars ($1,153,357.27)

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. 4 to be executed on the respective dates set forth below.

CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
CONTRACTOR”
RP Landscape & Irrigation., a Corporation
City Manager
Date:

Roy Perez, Owner
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
Attachments: Exhibit A-1 – Contractor ’s Proposal
DocuSign Envelope ID: FE8CC4DA- 30D8-4758-8EB7-3DDBB6BB8B3B 5/ 15/ 2024 | 2: 59 PM PDT
5/ 15/ 2024 | 3: 47 PM PDT
EXHIBIT A-1
CONTRACTOR ’S PROPOSAL
ATTACHED]
DocuSign Envelope ID: FE8CC4DA- 30D8-4758-8EB7-3DDBB6BB8B3B

ESTIMATE
RP Landscape & lrrigation
275SGSt
San Bernardino- CA 9241 0
City of Lake Elsinore
Bill to
City of Lake Elsinore
Finance Department
130 S Mdn Street
Lake Elsinore, CA 92530
Estimate details
Estimate no.: 1077
Esti mate datel. O4 / 1 7 / 2024
Date Product or service
rplandscapeinc@aol. com
909- 889- 9987
Job Site: Alberhill Soccer Fields
Description
Here' s the price to overseed soccer
field with Rio Bermuda and Grand Slam
perennial rye grass seed. We will level
low spots with top soil and apply
topdressing City to provide, RP to
provide top dresser machine. lnstall
temporary chain link fence. Fencing
availabb May 7 & 8 need approval right
away to lock in those dates.

Total Materials & Labor
Ship to
City of Lake Elsinore
Alberhill Park Soccer Fields
Qtv Rate Amount

0.00 1 $ 43,89s.13 $ 43,895. 13
43,895. 13
Labor2.

Total
DocuSign Envelope ID: FE8CC4DA- 30D8-4758-8EB7-3DDBB6BB8B3B 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
pwagner@centralcityinsurance. com
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- MAILADDRESS:

PRODUCER
A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

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
STATUTEPER EROTHMM/DD/YYYY) LIMITS(

POLICY EXP(

MM/DD/YYYY) NUMBERTYPE EFFPOLICYPOLICY INSURANCELTRINSR OF 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
PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE ( MM/DD/YYYY)

CANCELLATION

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

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

AUTOS ONLY
DocuSign Envelope ID: FE8CC4DA- 30D8-4758-8EB7-3DDBB6BB8B3B DocuSign Envelope ID: FE8CC4DA- 30D8-4758-8EB7-3DDBB6BB8B3B

CITY OF LAKE ELSINORE

TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:

Business Location:

Owner Name(s):

BUSINESS LICENSE NO.

Issue Date: Expiration Date:

BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
1905 W RIALTO AVE Business Type:

SAN BERNARDINO, CA 92410- 1618

RP LANDSCAPE & IRRIGATION
PO BOX 1200
SAN BERNARDINO, CA 92402-1271
This business license is issuedfor revenue purposes only anddoes not grant authorization to operate a business. This business license is issuedwithout verificationthat the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency.

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
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender- based discrimination of business establishments. A full notice is available in English or other languages by going to: https:// www. dca. ca.gov/ publications/ DocuSign Envelope ID: FE8CC4DA- 30D8-4758-8EB7-3DDBB6BB8B3B AMENDMENT NO. 3

TO AGREEMENT FOR CONTRACTOR SERVICES
RP Landscape & Irrigation, Inc.

Annual Citywide Landscape Maintenance Services
This Amendment No. 3 to Agreement for Contractor Services is made and entered into as of 8/8/2023, by and between the City of Lake Elsinore, a municipal corporation (“ City), and RP Landscape & Irrigation, Inc., a Corporation (“ Contractor”).

B. The Original Agreement provided for compensation to Contractor in an amount of Seven Hundred Forty-Three Thousand Forty-Two dollars ($743,042.00).

C. The Original Agreement had a term commencing on November 1, 2020, and ending June 30, 2023. The City may, at its discretion, extend the term of this Agreement on a 12- month basis not to exceed 2 additional twelve (12) month renewal terms.

D. Amendment No. 1 to the Original Agreement was executed on 6/28/2022 to increase the amount of compensation by Two Hundred Six Thousand Dollars and Zero Cents 206,000.00).

E. Amendment No. 2 to the Original Agreement was executed on 7/11/2023 to increase the amount of compensation by Ninety-Eight Thousand Five Hundred and Zero Cents 98,500.00).

F. The parties now desire to increase the payment for such services as set forth in this Amendment No 3.

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

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

Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed One Million One Hundred Nine Thousand Four Hundred Sixty-Two Dollars and Fourteen Cents. ($ 1,109,462.14) without additional written authorization from the City Council. 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.

DocuSign Envelope ID: 773295DB- BE88-40CB- A93C- 28561CD59EAA

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. 3 to be executed on the respective dates set forth below.

CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
CONTRACTOR”
RP Landscape & Irrigation, Inc., a Corporation
City Manager
Date:

Roy Perez, Owner
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
Attachments: Exhibit A-1 – Contractor ’s Proposal
DocuSign Envelope ID: 773295DB- BE88-40CB- A93C- 28561CD59EAA 8/ 11/ 2023 | 7: 56 AM PDT
8/ 11/ 2023 | 8: 20 AM PDT
EXHIBIT A-1
CONTRACTOR ’S PROPOSAL
ATTACHED]
DocuSign Envelope ID: 773295DB- BE88-40CB- A93C- 28561CD59EAA DocuSign Envelope ID: 773295DB- BE88-40CB- A93C- 28561CD59EAA DocuSign Envelope ID: 773295DB- BE88-40CB- A93C- 28561CD59EAA 07/ 06/ 2023
Central City Insurance Agency, Inc.
1030 Nevada Street
Suite 106
Redlands CA 92374
Patricia Wagner, CIC, CISR
909) 307- 6076 ( 909) 798- 4107
pwagner@centralcityinsurance. com
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 Y CPS7669677 10/ 19/ 2022 10/ 19/ 2023
2,000, 000
100, 000
5,000
2,000, 000
4,000, 000
4,000, 000
Y
Theft Prevention
Authority Charge
B Y PSIC12300- 02 01/ 10/ 2023 01/ 10/ 2024
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 09 Primary and Non Contributory applies per endorsement CG 20 01 12-19, Waiver of Subrogation for General Liability applies per endorsement CG 24 04 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- MAILADDRESS:

PRODUCER
A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

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
STATUTEPER EROTHMM/DD/YYYY) LIMITS(

POLICY EXP(

MM/DD/YYYY) NUMBERTYPE EFFPOLICYPOLICY INSURANCELTRINSR OF 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
PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE ( MM/DD/YYYY)

CANCELLATION

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

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

AUTOS ONLY
DocuSign Envelope ID: 773295DB- BE88-40CB- A93C- 28561CD59EAA DocuSign Envelope ID: 773295DB- BE88-40CB- A93C- 28561CD59EAA DocuSign Envelope ID: 773295DB- BE88-40CB- A93C- 28561CD59EAA DocuSign Envelope ID: 773295DB- BE88-40CB- A93C- 28561CD59EAA DocuSign Envelope ID: 773295DB- BE88-40CB- A93C- 28561CD59EAA DocuSign Envelope ID: 773295DB- BE88-40CB- A93C- 28561CD59EAA DocuSign Envelope ID: 773295DB- BE88-40CB- A93C- 28561CD59EAA

CITY OF LAKE ELSINORE

TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:

Business Location:

Owner Name(s):

BUSINESS LICENSE NO.

Issue Date: Expiration Date:

BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
1905 W RIALTO AVE Business Type:

SAN BERNARDINO, CA 92410- 1618

Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124

RP LANDSCAPE & IRRIGATION

ROY PEREZ

LANDSCAPING CONTRACTOR
025530
12/1/2022 11/30/2023
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender- based discrimination of business establishments. A full notice is available in English or other languages by going to: https:// www. dca. ca.gov/ publications/ DocuSign Envelope ID: 773295DB- BE88-40CB- A93C- 28561CD59EAA AMENDMENT NO. 2

TO AGREEMENT FOR CONTRACTOR SERVICES
RP Landscape & Irrigation, Inc.

Annual Citywide Landscape Maintenance Services
This Amendment No. 2 to Agreement for Contractor Services is made and entered into as of 7/11/2023, by and between the City of Lake Elsinore, a municipal corporation (“ City), and RP Landscape & Irrigation, Inc., a Corporation (“ Contractor”).

B. The Original Agreement provided for compensation to Contractor in an amount of Seven Hundred Forty-Three Thousand Forty-Two dollars ($743,042.00).

D. Amendment No. 1 to the Original Agreement was executed on 6/28/2022 to increase the amount of compensation by Two Hundred Six Thousand Dollars and Zero Cents 206,000.00).

E. The parties now desire to increase the payment to compensate Contractor for additional landscape maintenance services for parks and community facilities, plant replacement and unforeseen repairs completed at City request as set forth in this Amendment No 2.

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

1. Section 1, Scope of Services, of the Original Agreement is hereby amended to add the following:

Contractor shall also perform the services described in Contractor ’ s 5/29/2023 Invoices ( attached to this Amendment No. 2 as Exhibit A-1).

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

Notwithstanding the foregoing, for the purposes of Amendment No. 2 and the term thereof, compensation to be paid to the Contractor shall be in accordance with the Schedule of Charges set forth in Contractor ’ s Invoices ( Exhibit A-1). In no event shall Contractor ’ s compensation related to Exhibit A-1 to Amendment No. 2 exceed One Million FortySeven Thousand Five Hundred Forty-Two Dollars and Zero Cents. 1,047,542.00) for Fiscal Year 22-23 without additional written authorization from the City Council.

DocuSign Envelope ID: C053CB25- 62C5-4A4E-8835-79834233C4BA Notwithstanding any provision of Contractor ’s invoices to the contrary, out of pocket expenses set forth in Exhibit A-1 respectively, 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.

3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed on the respective dates set forth below.

CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
CONTRACTOR”
RP Landscape & Irrigation, Inc., a Corporation
City Manager
Date:

Roy Perez, Owner
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
Attachments: Exhibit A-1 – Contractor ’s Proposal
DocuSign Envelope ID: C053CB25- 62C5-4A4E-8835-79834233C4BA 7/ 21/ 2023 | 4: 42 PM PDT
7/ 21/ 2023 | 4: 58 PM PDT
EXHIBIT A-1
CONTRACTOR ’S PROPOSAL
ATTACHED]
DocuSign Envelope ID: C053CB25- 62C5-4A4E-8835-79834233C4BA DocuSign Envelope ID: C053CB25- 62C5-4A4E-8835-79834233C4BA DocuSign Envelope ID: C053CB25- 62C5-4A4E-8835-79834233C4BA DocuSign Envelope ID: C053CB25- 62C5-4A4E-8835-79834233C4BA DocuSign Envelope ID: C053CB25- 62C5-4A4E-8835-79834233C4BA 07/ 06/ 2023
Central City Insurance Agency, Inc.
1030 Nevada Street
Suite 106
Redlands CA 92374
Patricia Wagner, CIC, CISR
909) 307- 6076 ( 909) 798- 4107
pwagner@centralcityinsurance. com
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 Y CPS7669677 10/ 19/ 2022 10/ 19/ 2023
2,000, 000
100, 000
5,000
2,000, 000
4,000, 000
4,000, 000
Y
Theft Prevention
Authority Charge
B Y PSIC12300- 02 01/ 10/ 2023 01/ 10/ 2024
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 09 Primary and Non Contributory applies per endorsement CG 20 01 12-19, Waiver of Subrogation for General Liability applies per endorsement CG 24 04 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- MAILADDRESS:

PRODUCER
A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

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
STATUTEPER EROTHMM/DD/YYYY) LIMITS(

POLICY EXP(

MM/DD/YYYY) NUMBERTYPE EFFPOLICYPOLICY INSURANCELTRINSR OF 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
PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE ( MM/DD/YYYY)

CANCELLATION

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

AUTOS ONLY
DocuSign Envelope ID: C053CB25- 62C5-4A4E-8835-79834233C4BA DocuSign Envelope ID: C053CB25- 62C5-4A4E-8835-79834233C4BA DocuSign Envelope ID: C053CB25- 62C5-4A4E-8835-79834233C4BA DocuSign Envelope ID: C053CB25- 62C5-4A4E-8835-79834233C4BA DocuSign Envelope ID: C053CB25- 62C5-4A4E-8835-79834233C4BA DocuSign Envelope ID: C053CB25- 62C5-4A4E-8835-79834233C4BA DocuSign Envelope ID: C053CB25- 62C5-4A4E-8835-79834233C4BA

CITY OF LAKE ELSINORE

TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:

Business Location:

Owner Name(s):

BUSINESS LICENSE NO.

Issue Date: Expiration Date:

BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
1905 W RIALTO AVE Business Type:

SAN BERNARDINO, CA 92410- 1618

Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124

RP LANDSCAPE & IRRIGATION

ROY PEREZ

16) Annual On-Call Services Agreements for Citywide Portable Sanitation Services Approve and authorize the City Manager to execute On-Call Services Agreements with Rightway Site Services, Inc. in the amount of $120,000, and Reliable Rentals, Inc. in the amount of $34,800 for Citywide Portable Sanitation Services in such final form as approved by the City Attorney.

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Rick De Santiago, Public Works Manager
Date: July 8, 2025
Subject: Annual On-Call Services Agreements for Citywide Portable Sanitation Services
Recommendation
Approve and authorize the City Manager to execute On-Call Services Agreements with Rightway Site Services, Inc. in the amount of $120,000, and Reliable Rentals, Inc. in the amount of $34,800 for Citywide Portable Sanitation Services in such final form as approved by the City Attorney.

Background
The City contracts for portable sanitation services for its City-owned parks, beaches, levees, and for the City’s special events. The On-Call Services Agreements support the City of Lake Elsinore’s Public Works Department by facilitating citywide portable sanitation services to ensure timely and effective sanitation solutions across various city locations and events.

Discussion
Rightway Site Services will be responsible for providing portable sanitation services at the following locations:

City Hall Construction Site
New Library Construction Site
Fishing Beaches
Monthly porta potty rentals for staff – street clean-up Seaport/Elm Grove Beach
Special Events
Reliable Rentals will focus on delivering monthly porta potty rentals specifically for the levee road.

On-Call Agreements with Rightway Site Services & Reliable Rentals

Page 2 of 2 ends

In June of 2025, staff-initiated proposals from reputable companies for the pricing of portable sanitation services.

Staff received two proposals for the Citywide Portable Sanitation Services.

Company Amount
Reliable Rentals, Inc.$ 34,800
Rightway Site Services Inc. $ 120,000
Diamond Environmental Services Non-responsive
In support of these citywide portable sanitation services, it is essential to have more than one company available to the City for such on-call demands. These agreements aim to maintain public health standards and support community activities by ensuring access to essential sanitation facilities throughout the City.

Fiscal Impact
Funds are available in the City’s FY 25-26 Public Works Operating Budget.

Attachments
Attachment 1 - Rightway Site Services Agreement
Exhibit A - Rightway Price Rate Sheet
Attachment 2 - Reliable Rentals Agreement
Exhibit A - Reliable Rentals Price Rate Sheet
Public Works

Page 1 ends

AGREEMENT FOR CONTRACTOR SERVICES
Rightway Site Services, Inc.

Citywide Portable Sanitation Services
This Agreement for Contractor Services (the “Agreement”) is made and entered into as of July 8, 2025, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Rightway Site Services, Inc, a Corporation (" Contractor").

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

Citywide Portable Sanitation Services.

B. Contractor has submitted to City a proposal, dated June 10, 2025, attached hereto as Exhibit A (“Contractor’s Proposal”) and incorporated herein, to provide contractor services to City pursuant to the terms of this Agreement.

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

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

AGREEMENT

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

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

Page 2 ends

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.

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.

Page 3 ends

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

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

Page 4 ends

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, therecords shall beavailable at Contractor’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor’ s representatives, or Contractor’s successor-in-interest.

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

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indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

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

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

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

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

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

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15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that theduty of Contractor toindemnify andhold harmless includes the duty todefend 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 toany 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

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

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

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

Attn: Robert M. Harding
530 Central Ave.

Lake Elsinore, Ca 92530

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

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

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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.

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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) nonmonetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.

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

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

Signatures on next page]

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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
CONTRACTOR”
Rightway Site Services, Inc., a Corporation
By: Robert M. Harding
Its: President
Attachments: Exhibit A – Contractor’s Proposal
Exhibit B – List of Subcontractors

EXHIBIT B

EXHIBIT A
CONTRACTOR’ S PROPOSAL
ATTACHED]

85.09 N/ A

20.00 + tax
170.29

20.00 + tax
201.63

40.00 + tax
187.09

60.00 140.29

30.00 + tax
Per unit, unit type**

84.00 Standard Toil - $169.20 Std Toil w/Sink
169.20 Std Toil w/Sink on Wheels -
186.00 ADA Toil - $139.20 Wheelchair access
169.20 - Wash Station
Delivery $ 20.00 = tax
170.29
Price includes A& E fee, and applicable tax unless otherwise noted plus tax** tax
Rightway Site Services

26.40 per unit

52.80 per unit

7.00 per box + tax

2.00 per lid + tax
N/ A
N/ A
1100. 00 + tax - Standard Toil
Per manufacturer cost at time of
loss for all other units
Standard Toil replacement subject to change
based on manufacturers cost.**

50.00 +tax

0.00 Delivery charge ( w/
restroom delivery)

5.00 additional per unit

0.00 Delivery charge ( w/
restroom delivery)

5.00 additional per unit

30.00 Standard Toil
Same as delivery cost on all other
unit types
N/ A
N/ A
N/ A
200.00 trip charge
130. 00 per hr. w/ 2 hr. minimum
If exceeds 2 hr. min will be billed at
130. 00 per hr.

Rightway Septic to provide
pricing
Rightway Septic to provide
pricing
Price List
ITEM Price ( Each)
Standard portable toilet includes one time per week service Standard portable toilet + hand sanitizer includes one time per week service
Delivery
Standard portable toilet with inside sink includes one time per week service
Delivery
Towable Portable toilet Trailer w/inside sink includes one time per week service
Delivery
ADA compliant portable toilet includes one time per week service delivery
Wheel-chair accessible portable toilet includes one time per week service
Delivery
Dual sided hand wash stations
Additional Weekly Service
Rightway Site Services
EXTRAS/ADDITIONAL SERVICES Price ( Each)
Special Event / Holiday Service $ 200 + Pump cost
After hours call out $ 85/ hr (2hr min) + pump
cost
Wash stations
Cardboard trash boxes/lids
Temporary Fence/ Privacy Screen (starting at)
Fence Accessories (Starting at)
Replacement cost of units
Replacement cost of Tray
Containment trays (Long Term) (delivery at time of restroom delivery)
Containment trays (Daily) (delivery at time of restroom delivery) Floating restroom pumping (up to 1000 gallons) $
180 + dump fees
355.00 for 1000G)
Lift Station Pumping (up to 1000 gallons) $
150 + Dump Fees
325.00 for 1000G)
Exchanges for damaged Units
2 Stall Shower Combo (2 Full Shower/Restrooms
4 Stall Shower Combo (4 full Shower/Restrooms
Delivery

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AGREEMENT FOR CONTRACTOR SERVICES
Reliable Rentals, Inc.

Citywide Portable Sanitation Services
This Agreement for Contractor Services (the “Agreement”) is made and entered into as of July 8, 2025, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Reliable Rentals, Inc, a Corporation (" Contractor").

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

Levee Portable Sanitation Services.

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

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

AGREEMENT

Page 2 ends

3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal ( Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor' s annual compensation exceed Thirty-Four Thousand Eiht Hundred dollars ($ 34,800) 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 tothe 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.

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Attn: Monica Arias
910 S. Bon View Ave.

Ontario, Ca 91761

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

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

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

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

Signatures on next page]

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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
CONTRACTOR”
Reliable Rentals, Inc., a Corporation
By: Monica Arias
Its: Office Manager
Attachments: Exhibit A – Contractor’s Proposal
Exhibit B – List of Subcontractors

EXHIBIT B

EXHIBIT A
CONTRACTOR’ S PROPOSAL
ATTACHED]
Price List
ITEM Price ( Each)
Standard portable toilet includes one time per week service $ 100 Standard portable toilet + hand sanitizer includes one time per week service $
115
Delivery $ 40
Standard portable toilet with inside sink includes one time per week service
Delivery
Towable Portable toilet Trailer w/inside sink includes one time per week service $
250
Delivery $ 40
ADA compliant portable toilet includes one time per week service $ 200 delivery $ 60
Wheel-chair accessible portable toilet includes one time per week service
Delivery
Dual sided hand wash stations
Additional Weekly Service $ 30
150
Reliable Rentals
EXTRAS/ADDITIONAL SERVICES Price ( Each)
Special Event / Holiday Service $ 120
After hours call out
Wash stations
Cardboard trash boxes/lids
Temporary Fence/ Privacy Screen (starting at) $ 4.00/ linear foot Fence Accessories (Starting at) $ 1
Replacement cost of units $ 1250
Replacement cost of Tray
Containment trays (Long Term) (delivery at time of restroom delivery)
Included
Containment trays (Daily) (delivery at time of restroom delivery) $ 15 Floating restroom pumping (up to 1000 gallons)
Lift Station Pumping (up to 1000 gallons)
Exchanges for damaged Units
2 Stall Shower Combo (2 Full Shower/Restrooms $ 1750
4 Stall Shower Combo (4 full Shower/Restrooms $ 2400
Delivery $ 300+
17) Minutes of the Regular Successor Agency Meeting of June 24, 2025 Approve the Minutes.

Page 1 of 1 ends

REPORT TO SUCCESSOR AGENCY
To: Honorable Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Candice Alvarez, MMC, Secretary
Date: July 8, 2025
Subject: Minutes of the Regular Successor Agency Meeting of June 24, 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:

June 24, 2025
Closed Session: 5:30 PM
Public Session: 7:00 PM
Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530

CALL TO ORDER
The Regular Meeting of the City Council was called to order at 5:30 p.m.

ROLL CALL

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

Absent: 0 - None

PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
There were no speakers.

CLOSED SESSION - 5:30 P.M.

A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Gov’t Code Section 54956. 8)
Property: APN 374-173-004
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Berthanna Taylor Under negotiation: Price and terms of payment
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Gov’t Code Section 54956. 8)
Property: APN 373-151-014
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Letticia Cervantes Under negotiation: Price and terms of payment
City Council Minutes - Draft June 24, 2025
City of Lake Elsinore Page 2
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Gov’t Code Section 54956. 8)
Property: APN 389-020-056 ( portion)
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Vista Charter Public Schools Under negotiation: Price and terms of payment

RECONVENE/CALL TO ORDER
The Regular Meeting of the City Council reconvened and the Regular Meeting of the Successor Agency was called to order at 7:00 p.m.

PLEDGE OF ALLEGIANCE
Council Member Johnson 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

CLOSED SESSION REPORT
Assistant City Attorney Mann reported that all three items were discussed; however, no reportable action was taken.

PRESENTATIONS/CEREMONIALS
1) Parks & Recreation Month Proclamation 2025
Present a Proclamation to the City of Lake Elsinore Community Services Department proclaiming the month of July 2025 as “Park and Recreation Month” in the City of Lake Elsinore.

Mayor Tisdale presented the Proclamation to Community Services Director Skinner.

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
There were no speakers.

CITY COUNCIL CONSENT CALENDAR
A motion was made by Council Member Manos, seconded by Council Member Johnson to approve the City Council Consent Calendar. The motion carried by the following vote:

Aye: 5 Council Members Manos, Sheridan, and Johnson; Mayor Pro Tem Magee; and Mayor Tisdale
Nay: 0 None
City Council Minutes - Draft June 24, 2025
City of Lake Elsinore Page 3
2) Minutes of the Regular City Council Meeting of June 10, 2025 Approve the Minutes.

This item was approved on the City Council Consent Calendar. 3) CC Warrant Report Dated May 26, 2025 to June 01, 2025 Receive and File.

This item was approved on the City Council Consent Calendar. 4) CC Warrant Report Dated June 02, 2025 to June 08, 2025 Receive and file.

This item was approved on the City Council Consent Calendar. 5) CC Warrant Report Dated June 09, 2025 to June 15, 2025 Receive and file.

This item was approved on the City Council Consent Calendar. 6) CC Investment Report for May 2025
Receive and file the Investment Report for May 2025.

This item was approved on the City Council Consent Calendar. 7) Annual Adoption of Investment Policy
Approve the 2025 Investment Policy.

This item was approved on the City Council Consent Calendar. 8) Annexation No. 24 Into Community Facilities District No. 2015-2 (Maintenance Services) for PM 38195 & 38281 ( Evergreen)
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. 24) AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft June 24, 2025
City of Lake Elsinore Page 4
9) Annexation No. 26 Into Community Facilities District No. 2015-2 (Maintenance Services) for APN Nos. 377-380-003 & 377-100-003 (Cambern Apartments) 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. 26) AND AUTHORIZING THE LEVY OF A SPECIAL TAXES THEREIN.

This item was approved on the City Council Consent Calendar. 10) 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

2. Adopt A RESOLUTION OF INTENTION OF THE CITY COUNCIL 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. 11) Formation of Community Facilities District No. 2025- 2 ( Cambern Apartments Services) of the City of Lake Elsinore
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2025- 2 OF THE CITY OF LAKE ELSINORE ( CAMBERN

APARTMENTS SERVICES), TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON

PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFETY SERVICES.

This item was approved on the City Council Consent Calendar. 12) Second Reading of an Ordinance Amending Section 3.08.065 of the Lake Elsinore Municipal Code, Increasing the Amount of the City Manager's Contract Authority to $50,000
Adopt by title only and waive further reading of AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION

3.08.065 OF THE LAKE ELSINORE MUNICIPAL CODE, INCREASING THE AMOUNT OF THE CITY MANAGER’ S CONTRACT AUTHORITY TO $ 50,000.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft June 24, 2025
City of Lake Elsinore Page 5
13) Agreement with City Net for Street Outreach Services Approve and authorize the City Manager to execute a Professional Services Agreement with City Net for Street Outreach Services in an annual amount not to exceed $ 291,181 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 29,118.10 for uncertainties and adjustments.

This item was approved on the City Council Consent Calendar. 14) Change Order No. 3 to the Public Works Construction Agreement with SAS Construction, Inc. for Concrete Footings and Foundation, Bid Set A, on the New City Hall Project (CIP Project No. Z20006)
Approve and authorize the City Manager to execute Change Order No. 3 to the Public Works Construction Agreement with SAS Construction, Inc. for the Concrete Footings and Foundation, Bid Set ' A,' on the New City Hall Project ( CIP Project No. Z20006) in an amount not to exceed $ 219,500.00 in such final form as approved by the City Attorney, authorize the City Clerk to record the notice of completion once the entire scope of work is complete, and return withheld retention to the contractor.

This item was approved on the City Council Consent Calendar. 15) Agreement with SAS Construction for the Interior, Exterior Wall, and Ceiling Drywall and Insulation, Bid Set “ H”, on the New City Hall Project (CIP Project No.

Z20006)
Approve and authorize the City Manager to execute a Public Works Construction Agreement with SAS Construction for an amount not to exceed $ 1,070,000.00 in such final form as approved by the City Attorney, authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $ 107,000.00 for construction uncertainties and adjustments; and authorize the City Clerk to record the notice of completion once the entire scope of work is complete and return withheld retention to the contractor.

This item was approved on the City Council Consent Calendar. 16) Purchase of a Back- up Generator from Quinn Caterpillar for the New City Hall Project (CIP No. Z20006)
Approve and authorize the City Manager to execute a purchase order with Quinn Caterpillar for a back-up generator for the new City Hall Project ( CIP Project # Z20006) in an amount not to exceed $ 113,545.45.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft June 24, 2025
City of Lake Elsinore Page 6
17) Agreement with Pye-Barker for the Design and Installation of the Fire Alarm System in the City Hall Building Project (CIP Project No. Z20006) Approve and authorize the City Manager to execute a Public Works Construction Agreement with Pye-Barker in an amount not to exceed $ 156,379.20 for the Design and Installation of the Fire Alarm System in the City Hall Building Project ( CIP Project No. Z20006) in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency amount of 15,637.00 for construction uncertainties and adjustments.

This item was approved on the City Council Consent Calendar. 18) Contractor Services Agreement with Azteca Cleaning Services, LLC for On-Call Cleaning Services
Approve and authorize the City Manager to execute a contract with Azteca Cleaning Services, LLC in an amount not to exceed $ 300,000 for on-call cleaning 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 $30,000 for uncertainties and adjustments.

This item was approved on the City Council Consent Calendar. 19) Agreement with Lorena Hancock for Recreation Classes Approve and authorize the City Manager to execute an Independent Contractor Agreement with Lorena Hancock in an amount not to exceed $ 50,000 for recreation classes in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $ 5,000 for uncertainties and adjustments.

This item was approved on the City Council Consent Calendar. 20) Agreement with National Junior Basketball League for Basketball League, Practices, Games, and Instruction
Approve and authorize the City Manager to execute an Independent Contractor Agreement with National Junior Basketball League in an amount not to exceed 75,000 for basketball league, practices, games, and instruction in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $7,500 for uncertainties and adjustments.

This item was approved on the City Council Consent Calendar. 21) Parcel Map No. 38614
Approve Parcel Map No. 38614 subject to the City Engineer’ s acceptance as being true and correct, authorize the City Clerk to sign the map and arrange for the recordation, and approve and authorize the City Manager to execute the Construction of Improvements Agreement with Lake Elsinore Plaza 2.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft June 24, 2025
City of Lake Elsinore Page 7
22) Cooperative Agreement with the State of California Department of Transportation for the I-15 Nichols Road Interchange
Approve and authorize the City Manager to execute a Cooperative Agreement with the State of California Department of Transportation ( Caltrans) for the I-15 Nichols Road Interchange Improvement Project in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar. 23) Professional Services Agreement with Fehr & Peers to Provide Environmental Clearance, Final Design ( PS&E) and Construction Support for HSIP Cycle 12 Citywide Signalized Intersections Systemic Safety Improvements Project Approve and authorize the City Manager to execute a Professional Services Agreement with Fehr & Peers for Environmental Clearance, Final Design, and Construction Support services for the HSIP Cycle 12 Citywide Signalized Intersections Systemic Safety Improvements Project in the amount of $ 82,100 in such final form as approved by the City Attorney and authorize City Manager to execute change orders not to exceed a 10% contingency for unanticipated costs.

This item was approved on the City Council Consent Calendar. 24) KB Home Coastal TR 25475 & 33725 Tuscany Crest Haul Route Approve a request for the haul route, including hours of operation for the Tuscany Crest project, and authorize the Mayor and City Manager to execute the haul route construction agreement.

This item was approved on the City Council Consent Calendar. 25) Amendment No. 1 to the Professional Services Agreement with Lochner formerly KOA Corporation) for the HSIP Cycle 11 Project Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Lochner ( formerly KOA Corporation) in the amount of $ 125,049 plus a 10% contingency for additional services to complete pedestrian ramp design for the HSIP Cycle 11 Project for a total contract amount not to exceed $ 205,038, in such final form as approved by City Attorney.

This item was approved on the City Council Consent Calendar. 26) Purchase of One (1) Diesel Elgin Broom Badger Sweeper Approve and authorize the City Manager to execute a Purchase Order with Haaker Equipment in an amount not to exceed $ 358,849.99 for One ( 1) Diesel Elgin Broom Badger Sweeper 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 35,884.99 for uncertainties and adjustments.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft June 24, 2025
City of Lake Elsinore Page 8
27) Approval of Fiscal Year 2025-26 Rates with the County of Riverside for Maintenance of City Traffic Signals and Safety Lighting Approve the Fiscal Year 2025-26 rates for the County of Riverside Transportation Department ( County) Agreement for Traffic Signal and associated hardware maintenance, emergency call-out services, and inventory of City traffic signal equipment maintained by the County.

This item was approved on the City Council Consent Calendar. 28) On-Call Agreement with CM Wash Equipment for Maintenance of Wash Stations and Equipment for Citywide Facilities
Approve and authorize the City Manager to execute a Contractor Services Agreement with CM Wash Equipment for the maintenance of wash stations and equipment for Citywide Facilities in an amount not to exceed $ 60,000.00 annually 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 $6,000.00 for unanticipated costs.

This item was approved on the City Council Consent Calendar. 29) Agreement with Blue Triton Brands, Inc. (DBA ReadyRefresh) for Citywide Water Delivery Services
Approve and authorize the City Manager to execute an Agreement with Triton Brands, Inc. ( DBA ReadyRefresh) for water delivery services in an amount not to exceed 11,000.00 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 $1,100.00 for unanticipated costs.

This item was approved on the City Council Consent Calendar.

SUCCESSOR AGENCY CONSENT CALENDAR
A motion was made by Agency Member Johnson, seconded by Agency Member Manos 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
30) Minutes of the Regular Successor Agency Meeting of June 10, 2025 Approve the Minutes.

This item was approved on the Successor Agency Consent Calendar. 31) SA Investment Report for May 2025
Receive and file the Investment Report for May 2025.

This item was approved on the Successor Agency Consent Calendar.

City Council Minutes - Draft June 24, 2025
City of Lake Elsinore Page 9
32) SA Warrant Report Dated May 26, 2025 to June 01, 2025 Receive and file.

This item was approved on the Successor Agency Consent Calendar. 33) SA Warrant Report Dated June 02, 2025 to June 08, 2025 Receive and file.

This item was approved on the Successor Agency Consent Calendar. 34) SA Warrant Report Dated June 09, 2025 to June 15, 2025 Receive and file.

This item was approved on the Successor Agency Consent Calendar.

PUBLIC HEARINGS
35) Preliminary Capital Improvement Plan (CIP) Budget for Fiscal Years 2025-26 to 2029-30
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ADOPTING THE CAPITAL IMPROVEMENT PLAN FOR FISCAL YEARS 2025- 26 TO 2029- 30.

The Public Hearing was opened at 7:13 p.m.

Assistant Administrative Services Director Rafferty presented the staff report.

There were no speakers.

The Public Hearing was closed at 7:22 p.m.

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

Aye: 5 Council Members Manos, Sheridan, and Johnson; Mayor Pro Tem Magee; and Mayor Tisdale
Nay: 0 None
36) Amendment to Title 17 (Zoning), Chapter 17.156 of the Lake Elsinore Municipal Code Related to Cannabis Uses

1. Find the proposed amendment to the Lake Elsinore Municipal Code Exempt from the California Environmental Quality Act ( CEQA), pursuant to CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3); and

2. Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENTS TO TITLE 17, AMENDING AND RESTATING CHAPTER 17.156 OF THE LAKE ELSINORE MUNCIPAL CODE REGARDING CANNABIS USES.

City Council Minutes - Draft June 24, 2025
City of Lake Elsinore Page 10
The Public Hearing was opened at 7:23 p.m.

Community Development Director Abraham presented the staff report.

There were no speakers.

The Public Hearing was closed at 7:29 p.m.

A motion was made by Council Member Johnson, seconded by Council Member Sheridan to approve Recommendation No. 1 and introduce the Ordinance. The motion carried by the following vote:

Aye: 5 Council Members Manos, Sheridan, and Johnson; Mayor Pro Tem Magee; and Mayor Tisdale
Nay: 0 None
37) Request to Amend Development Agreements for Six Existing Cannabis Businesses to Revise the Community Benefit Fees

1. Find that the proposed projects are exempt from the California Environmental Quality Act ( CEQA) pursuant to CEQA Guidelines Section 15301 ( Existing Facilities);

2. Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE DEVELOPMENT AGREEMENT ( DA-2024- 03) FOR MODERN LEAF CULTURE DBA MODERN LEAF AND EMBR) LOCATED AT 31877 CORYDON ROAD, UNITS 120 AND 150 (APN: 370-051-016 AND 370-051-030);

3. Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE DEVELOPMENT AGREEMENT AMENDMENT ( DA-2025-01) FOR ALBA
SYSTEMS LOCATED AT 31879 CORYDON ROAD, UNIT 150 ( APN: 370-051- 025);

4. Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE DEVELOPMENT AGREEMENT AMENDMENT ( DA-2025- 02) FOR LE
INVESTMENT GROUP ( DBA MR. NICE GUY) LOCATED AT 311 W MINTHORN STREET ( APN: 377-220-021);

5. Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE DEVELOPMENT AGREEMENT AMENDMENT ( DA-2025- 04) FOR GREEN ORIGINS LE ( DBA THE SYNDICATE 1) LOCATED AT 504 CENTRAL AVENUE, BUILDING O (APN: 377-420-002);

6. Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE DEVELOPMENT AGREEMENT AMENDMENT ( DA-2025- 05) FOR IE LICENSING DBA THE SYNDICATE 2) LOCATED AT 31885 CORYDON ROAD, UNITS 130, 140, AND 150 (APN: 370-031-017, 370-031-018 AND 370-031-019); and City Council Minutes - Draft June 24, 2025
City of Lake Elsinore Page 11

7. Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE DEVELOPMENT AGREEMENT AMENDMENT ( DA-2025- 06) FOR THE
HEALING TREE LOCATED AT 480 3RD STREET ( APN: 377-140-033).

The Public Hearing was opened at 7:31 p.m.

Principal Planner Huynh presented the staff report.

There were no speakers.

The Public Hearing was closed at 7:35 p.m.

A motion was made by Council Member Sheridan, seconded by Council Member Johnson to approve Recommendation No. 1 and introduce all six Ordinances.

The motion carried by the following vote:

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

BUSINESS ITEM
38) Adoption of the FY 2025-26 Annual Operating Budget, Schedule of Authorized Positions, and the Gann Limit

1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE FY 2025- 26 ANNUAL OPERATING

BUDGET AND ESTABLISHING THE CONTROLS ON CHANGES IN THE
APPROPRIATIONS;

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

ELSINORE, CALIFORNIA, REVISING THE SCHEDULE OF AUTHORIZED POSITIONS; and

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

ELSINORE, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS GANN LIMIT FOR FY 2025- 26 AND SELECTING THE POPULATION AND INFLATION FACTOR ACCORDINGLY.

Assistant Administrative Services Director Rafferty presented the staff report.

There were no speakers.

A motion was made by Council Member Johnson, seconded by Council Member Manos to adopt all three Resolutions. The motion carried by the following vote:

Aye: 4 Council Members Manos, Sheridan, and Johnson; and Mayor Tisdale Nay: 1 Mayor Pro Tem Magee

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - THREE MINUTES
There were no speakers.

City Council Minutes - Draft June 24, 2025
City of Lake Elsinore Page 12

CITY ATTORNEY COMMENTS
Assistant City Attorney Mann had no comments.

CITY MANAGER'S COMMENTS
City Manager Simpson recognized and thanked Assistant Administrative Services Director Rafferty and Finance Staff for their work on the budgets that were adopted.

CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED
Council Member Sheridan shared that youth may ride Riverside Transit Agency buses for free through December 31, 2026; shared that Melissa Howlett, the Governor’ s Regional Business Development Specialist came to the City on June 19, 2025; reported on the Town Hall Fire Safety Discussion that was held on June 19, 2025 at the Summit Park Recreation Center; spoke on his attendance at the Lake Elsinore NAACP Juneteenth Celebration at Diamond Stadium; advised that the 2025 Lawn & Garden Equipment Exchange that was scheduled for Saturday, June 28, 2025 has been canceled; and invited the community to take advantage of the Riverside University Health System’ s free vaccine clinic that will be held on Friday, June 27, 2025 from 11:00 a.m. – 3:00 p.m. at the Lake Elsinore Senior Activity Center.

Council Member Manos invited the community to attend the Live at the Lakefront Summer Concert Series at 7:00 p.m. on July 10, 17, 24, and 31 at Launch Pointe.

Council Member Johnson shared updates for the month of May from the Homeless Task Force.

Mayor Pro Tem Magee reported on his attendance at the Riverside County Transportation Commission Executive Committee meeting on June 11, 2025; invited the community to attend or participate in the 2025 Auto-Cross Racing event on July 5, 2025 at Diamond Stadium; shared that free microchips for pets are available at the Animal Friends of the Valleys vaccine clinic to Lake Elsinore residents; and highlighted that personal fireworks are illegal in Lake Elsinore, provided information on reporting illegal fireworks, and shared how to celebrate the 4th of July safely.

Mayor Tisdale reported on his attendance at the Northwest Mosquito & Vector Control District Board meeting on June 19, 2025; announced and provided information regarding the Lakeshore Drive Sidewalk Project; and shared events and ways residents can safely celebrate the 4th of July in Lake Elsinore.

ADJOURNMENT
The Lake Elsinore City Council adjourned at 8:11 p.m. to the next Regular meeting on Tuesday, July 8, 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.
18) Agreement with Hemet Fence for the Removal/Replacement of Iron Fencing at Lake Elsinore Diamond Stadium
Approve and Authorize the Executive Director to execute Agreement with Hemet Fence for the removal/replacement of iron fencing at Lake Elsinore Diamond Stadium in an amount not to exceed $45,000.00 in such final form as approved by the Agency Attorney authorize the Executive Director to execute change orders not to exceed the 10% contingency amount of $4,500 for unanticipated costs.

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To: Honorable Chair and Members of the Successor Agency From: Jason Simpson, City Manager
Prepared by: Rick De Santiago, Public Works Manager
Date: July 8, 2025
Subject: Agreement with Hemet Fence for the Removal/Replacement of Iron Fencing at Lake Elsinore Diamond Stadium
Recommendation
Approve and Authorize the Executive Director to execute Agreement with Hemet Fence for the removal/replacement of iron fencing at Lake Elsinore Diamond Stadium in an amount not to exceed $45,000.00insuch final form as approved by the Agency Attorney authorize the Executive Director to execute change orders not to exceed the 10% contingency amount of $4,500 for unanticipated costs.

Background
City staff observed that the fencing near the maintenance area was damaged due to corrosion, resulting in breaks in the posts and rust. This project aims to address these issues, enhancing both safety and appearance.

Discussion
This project involves the removal and replacement of 45 iron panels with Hemet Fence at Lake Elsinore Diamond Stadium. The new panels will include a widescreen designed to match the existing windscreen on the inside of the fence.

Iron Fencing removal/replace $24,000
New windscreen $21,000
Fiscal Impact
Funds are available in Fiscal Year 2025-2026 with ROPS funding.

Agreement with Hemet Fence

Page 2 of 2 ends

Attachments
Attachment 1 - Agreement
Exhibit A - Proposal
Public Works

Page 1 ends

AGREEMENT FOR CONTRACTOR SERVICES
Hemet Fence, Inc.

Removal/Replacement of Iron Fencing at Lake Elsinore Diamond Stadium This Agreement for Contractor Services ( the “Agreement”) is made and entered into as of July 8, 2025, 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 Hemet Fence, Inc., a Corporation (" Contractor").

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

Removal/replacement of iron fencing at Lake Elsinore Diamond Stadium.

B. Contractor has submitted to Agency a proposal, dated April 17, 2025, 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.

Page 2 ends

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 Forty-Five Thousand Dollars ($45,000.00) 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 andby 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 theremainder 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.

7. Plans, Reports, Documents

Page 3 ends

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 toany 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 thirdparty 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 solerisk.
c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, andother Documents & Dataeither createdbyorprovidedtoContractor inconnection withtheperformance 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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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 interest inreal property and shall not acquire any interest, direct or indirect, in the area covered

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Lake Elsinore City CouncilJuly 8, 2025

Lake Elsinore City Council
July 8, 2025