AGREEMENT FOR CONTRACTOR SERVICES
American Lady Vet Services, Inc.
This Agreement for Contractor Services ( On-Call) ( the “Agreement”) is made and entered into as of August 13, 2025 by and between the City of Lake Elsinore, a municipal corporation ( the “ City”) and American Lady Vet Services, Inc., a Corporation ( the “Contractor”).
RECITALS
A. The City has determined that it requires the following services:
On-Call Lake Water Quality Services.
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated August 1, 2025, both of which are attached hereto as Exhibit A (collectively, the Contractor' s Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the services and related work described in Contractor' s Proposal ( Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor' s Proposal ( Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour- a-day, 7 day- a-week, on-call and minor construction support on an as needed basis.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor' s Proposal ( Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work.
b. Performance Schedule. Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period( s) established in the Contractor' s Proposal ( Exhibit A). When requested by Contractor, extensions to the time period( s) specified may be approved in writing by the City Manager.
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c. Term and Compliance with Task/ Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on August 13, 2025 and ending June 30, 2026. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve ( 12) month renewal terms by giving written notice thereof to Contractor not less than thirty 30) days before the end of the contract term, such notice to be exercised by the City Manager.
Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/ Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City.
3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor' s Proposal ( Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor' s annual compensation exceed Two hundred and six thousand dollars. ($ 206,000. 00) without additional written authorization from the City.
Notwithstanding any provision of Contractor' s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor' s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor' s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five ( 45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Contractor’ s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Contractor’ s prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same.
Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten ( 10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Docusign Envelope ID: ECFF6ED6- 85C6- 4186-A047-52217067DB06
Section, the Contractor will submit an invoice to the City, pursuant to Section entitled " Method of Payment" herein.
7. Plans, Reports, Documents
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor' s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third-party requests of Contractor shall be immediately referred to City, without any other actions by Contractor. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (" Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data, which were prepared by design professionals other than Contractor or provided, to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City' s sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Contractor shall not, without the prior written consent of City, use such materials for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor, which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor' s services are rendered, or any publicity pertaining to the Contractor' s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
8. Contractor' s Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three ( 3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three ( 3) years, or for any longer period Docusign Envelope ID: ECFF6ED6- 85C6- 4186-A047-52217067DB06
required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor' s address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor' s business, City may, by written request by any of the above- named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor' s representatives, or Contractor' s successor- in-interest.
9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’ s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’ s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner.
b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/ or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. Interests of Contractor. Contractor ( including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor' s services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
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Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. ( FPPC Reg. 18700( a) (2).)
12. Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor' s field of expertise.
13. Compliance with Laws.
a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and/or its employees, officers, or board members. b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
14. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession.
Contractor shall maintain a City of Lake Elsinore business license.
15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when ( 1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
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16. Insurance Requirements .
a. Insurance. Contractor, at Contractor' s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies.
i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer' s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer' s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor' s employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty 30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker' s Compensation Insurance and Employer' s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($ 1,000, 000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/88) or Insurance Services Office form number GL 0002 ( ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non- owned vehicles, in an amount of not less than one million dollars 1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/90) Code 1 any auto"). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best' s rating of no less than A:VII and shall be endorsed with the following specific language :
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, Docusign Envelope ID: ECFF6ED6- 85C6- 4186-A047-52217067DB06
its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty ( 30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: American Lady Vet Services, Inc.
Attn: Rene Sandoval
131 E. 3rd Street
Perris, CA 92570
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18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor.
Contractor shall be fully responsible to City for all acts or omissions of any subcontractors.
Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
22. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (" Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on " public works" and " maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or nonpayment of prevailing wages under California law, and Contractor hereby agrees to defend, Docusign Envelope ID: ECFF6ED6- 85C6- 4186-A047-52217067DB06
indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: ( a) a name change; ( b) grant extensions of time; ( c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor’ s Proposal is incorporated only for the description of the scope of services and/ or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor’ s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
CONTRACTOR”
American Lady Vets Services, Inc., a
corporation
City Manager By: Teresa San Paolo
Its: President
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ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
Attachments: Exhibit A – Contractor’ s Proposal
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EXHIBIT A
EXHIBIT A
CONTRACTOR' S PROPOSAL
ATTACHED]
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BID PROPOSAL
DATE: 08/ 01/ 2025
PROPOSAL SUBMITTED TO: WORK TO BE PERFORMED AT:
Name: Adam Gufarotti Location:Launch Point & Coors Light Cove Address: 130 South Main St Address: Lake Elsinore
City: Lake Elsinore State: CA Zip: 92530 City: Lake Elsinore State: CA Telephone: 951-647-3124 x314 Contract Completion Date: TBD We hereby propose to furnish all materials as well as equipment required to perform all labor necessary to complete the following work,
JOB DESCRIPTION:
To reduce phosphorus concentrations in the water column and mitigate harmful algal blooms (HABs) risk, ALVS proposes to apply Phoslock following an algaecide pretreatment at Launch Point and Coors Light Cove. Two separate phosphorus- binding treatments will be performed at each location utilizing 17,325 lbs of Phoslock per treatment per location, totaling 69,300 lbs of Phoslock. ( Second Phoslock treatment will occur within 30 days of first treatment) Site Details
Launch Point Treatment Area
Location: Northern shoreline recreation
area
Estimated Coverage Area: 150 Acre- f
Coors Light Cove Treatment Area
Location: Southeastern shoreline inlet
Estimated Coverage Area: 150 Acre-feet
Phase 1: Algaecide Pretreatment
Application of an EPA- approved algaecide ( GreenClean 5.0) to target and disrupt active algal blooms.
Algaecide will be applied in accordance with label instructions and regulatory guidelines.
Objective: To prepare the water column by freeing reactive phosphorus prior to Phoslock application.
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BID PROPOSAL
DATE: 08/ 01/ 2025
Phase 2: Phoslock Application
Material: 17,325 lbs of Phoslock per treatment site.
Method: Boat-based slurry deployment using calibrated equipment to ensure even dispersion.
Sequence: Application will immediately follow algaecide treatment once safe and effective phosphorus release is confirmed.
Target: Phoslock will bind free reactive phosphorus in the water column and settle to the bottom, locking phosphorus into the sediment matrix.
Post-Treatment Monitoring & Reporting
Water samples will be collected pre- and post-treatment to evaluate changes in phosphorus concentrations.
Temperature, pH, dissolved oxygen, Total Dissolved Solids, Salinity, Conductivity, and Secchi Depth will be monitored during and after application.
A summary report will be provided for each site including water quality data.
Assumptions
Weather and lake conditions are suitable for safe boat operation and product deployment.
Access is provided to each shoreline and launch ramp for boat deployment and staging.
Permits or approvals from local agencies ( e.g., city, water district, State water board) have been obtained by the City of Lake Elsinore prior to mobilization.
All application work will comply with local environmental and water quality regulations.
Phoslock will be delivered to the lake site and stored securely prior to application.
Total Cost - As noted above = $206,000.00
Prices exclude any Materials, Labor or Services not included in above Scope of Work.
ALVS is a certified, SDVOSB, Micro SB, & Woman owned Business.
Prices are valid for 30 days and may be subject to increase based upon inflation rates. All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner with payments to be made as follows: Upon Completion By: Rene Sandoval, Director of Aquatics
American Lady Vet Services, Inc
Contractor ’s License#: 980019
131 E. 3rd St
Perris, CA 92570
805) 722-0715 Cellular
951) 208-4484 Office
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CITY OF LAKE ELSINORE
TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:
Business Location:
Owner Name( s):
BUSINESS LICENSE NO.
Issue Date:
Description:
Expiration Date:
BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
23846 SUNNYMEAD BLVD STE 1 Business Type:
MORENO VALLEY, CA 92553- 0535
AMERICAN LADY VETS SERVICES, INC.
23846 SUNNYMEAD BLVD STE 1
MORENO VALLEY, CA 92553- 0535
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
AMERICAN LADY VETS SERVICES, INC.
AMERICAN LADY VETS SERVICES, INC.
LANDSCAPING CONTRACTOR
LANDSCAPING & AQUATICS
MAINTENANCE
028532
7/1/2025 6/30/2026
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: ECFF6ED6- 85C6- 4186-A047-52217067DB06
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.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
Per accident)
Ea accident)
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
PROPERTY DAMAGE
BODILY INJURY ( Per accident)
BODILY INJURY ( Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON- OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/ MEMBER EXCLUDED?
Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANYPROPRIETOR/ 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) NUMBERTYPEEFFPOLICYPOLICY 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
1150 Brookside Avenue, Suite Q
Saint Moore Insurance Agency
Cert ID 12881
130 South Main Street
Financial Pacific Ins Company 31453
Travelers Property Casualty Comp 25674
Berkley Assurance Company 39462
Atlantic Specialty Ins Co 27154
GuideOne National Insurance 14167
08/ 19/ 2025
23846 Sunnymead Blvd Suite 1
2025VUMC0364770 09/ 16/ 2024 09/ 16/
B
Protection & Indemnity
chris@stmooreinsurance. com
2025BA- 5N500925- 24- 42- G 09/ 16/ 2024 09/ 16/
A
C
D
X
X
Chris Moore
Redlands CA 92373
Lake Elsinore CA 92530
Moreno Valley CA 92553
909) 793- 2151
951) 208- 4484
909) 798- 7068
X
X
X
100, 000
1, 000, 000
5, 000, 000
5, 000, 000
5, 000, 000
5, 000
1, 000, 000
Prd/ Comp' d Ops
202560508762 09/ 16/ 2024 09/ 16/
1, 000, 000
1, 000, 000
2, 000, 000
2, 000, 000
City of Lake Elsinore
Attn: City Manager
City of Lake Elsinore is recognized as additional insured per General Liability form CG2010R 1211 including primary.
American Lady Vets Services, Inc.
Each Vessel
Y
X
WC 4)
2025TRL- 416818 / B5JH74539 202606/ 30/ 06/ 30/
Deductible 2, 500
Docusign Envelope ID: ECFF6ED6- 85C6- 4186-A047-52217067DB06 Certificate Coverages Overflow 11/ 2010)
CERTIFICATE COVERAGES OVERFLOW DATE MM/ DD/ YYYY)
PRODUCER INSURED
CONTACT NAME: PHONE A/ C, No, Ext): PHONE A/ C, No, Ext):
ADDITIONAL COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
INSR
LTR TYPE OF INSURANCE
ADDL
INSR
SUBR
WVD POLICY NUMBER
POLICY EFF
MM/ DD/ YYYY)
POLICY EXP
MM/ DD/ YYYY) LIMITS
Saint Moore Insurance Agency
1150 Brookside Avenue, Suite Q
Redlands CA 92373
Chris Moore ( 909) 793- 2151
08/ 19/ 2025
American Lady Vets Services, Inc.
23846 Sunnymead Blvd Suite 1
Moreno Valley CA 92553
951) 208- 4484
Cert ID 12881
000EPollution/ Professional ENV562017382- 00 09/ 16/ 2024 09/ 16/ 2025 Per Incident 1, 000, 000Pollution/ Professional ENV562017382- 00 09/ 16/ 2024 09/ 16/ 2025 Aggregate 2, 000,
Docusign Envelope ID: ECFF6ED6- 85C6- 4186-A047-52217067DB06 60508762
Docusign Envelope ID: ECFF6ED6- 85C6- 4186-A047-52217067DB06 Certificate Of Completion
Envelope Id: ECFF6ED6-85C6-4186-A047-52217067DB06 Status: Completed Subject: American Lady Vets On-Call Lake Water Quality Services Source Envelope:
Document Pages: 17 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 1 Johanna Lopez
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
130 S. Main Street
Lake Elsinore, CA 92530
[email protected]
IP Address: 47.180.22.242
Record Tracking
Status: Original
8/20/2025 12:29:19 PM
Holder: Johanna Lopez
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Brendan Rafferty
[email protected]
Security Level: Email, Account Authentication
None)
Signature Adoption: Pre-selected Style
Using IP Address: 47.180.22.242
Sent: 8/20/2025 3:51:51 PM
Resent: 8/21/2025 2:16:48 PM
Resent: 8/22/2025 9:53:24 AM
Viewed: 8/22/2025 2:37:25 PM
Signed: 8/22/2025 2:38:25 PM
Electronic Record and Signature Disclosure:
Accepted: 6/30/2022 11:05:58 AM
ID: 706c7293-4fff-4a42-bd8d-a03bc71bf87d
Shannon Buckley
[email protected]
Assistant City Manager
Security Level: Email, Account Authentication
None) Signature Adoption: Pre-selected Style
Using IP Address: 47.180.22.242
Sent: 8/22/2025 2:38:26 PM
Viewed: 8/22/2025 2:49:08 PM
Signed: 8/22/2025 2:50:53 PM
Electronic Record and Signature Disclosure:
Accepted: 8/22/2025 2:49:08 PM
ID: 5fd67a37-185c-449d-98b9-0f042bf2f16b
David Mann
david@ceqa. com
Security Level: Email, Account Authentication
None)
Signature Adoption: Pre-selected Style
Using IP Address: 184.183.85.151
Sent: 8/22/ 2025 2:50: 55 PM
Viewed: 8/22/ 2025 3:18: 14 PM
Signed: 8/22/2025 3:26:42 PM
Electronic Record and Signature Disclosure:
Accepted: 8/22/2025 3:18:14 PM
ID: d34514ea-0352-4172-868a-da58dfe00fb0
Teresa San Paolo
[email protected]
Security Level: Email, Account Authentication
None)
Signature Adoption: Drawn on Device
Using IP Address: 67.161.64.227
Signed using mobile
Sent: 8/22/2025 3:26:43 PM
Viewed: 8/22/2025 7:16:00 PM
Signed: 8/24/2025 10:42:00 PM
Electronic Record and Signature Disclosure:
Accepted: 8/22/2025 7:16:00 PM
ID: f9f540ec-30f7-4abd-9dc0-1003f7abf5b1
Signer Events Signature Timestamp
Jason Simpson
[email protected]
City Manager
city of Lake Elsinore
Security Level: Email, Account Authentication
None)
Signature Adoption: Pre-selected Style
Using IP Address:
2607:fb91:1b6d:a478:2d7f:2568:c611:c58
Signed using mobile
Sent: 8/24/2025 10:42:01 PM
Resent: 8/25/2025 11:34:41 AM
Viewed: 8/25/2025 6:54:53 PM
Signed: 8/25/2025 6:54:59 PM
Electronic Record and Signature Disclosure:
Accepted: 8/25/2025 6:54:53 PM
ID: 55101b1b- 425e- 47f7- b3d5- 9faa8dbc520f
Candice Alvarez
[email protected]
City Clerk
City of Lake Elsiniore
Security Level: Email, Account Authentication
None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 172.56.182.99
Signed using mobile
Sent: 8/25/2025 6:55:01 PM
Resent: 9/2/2025 8:50:57 AM
Viewed: 9/2/2025 1:45:55 PM
Signed: 9/2/2025 1:46:18 PM
Electronic Record and Signature Disclosure:
Accepted: 10/24/2019 11:01:03 AM
ID: 0018f862-4e7a-4c04-91a9-67d7112db44f
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Jill Theriot
[email protected]
Administrative Assistant
City of Lake Elsinore
Security Level: Email, Account Authentication
None)
Sent: 9/2/2025 1:46:20 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Luz Reyes
[email protected]
Deputy City Clerk
City of Lake Elsinore
Security Level: Email, Account Authentication
None)
Sent: 9/2/2025 1:46:20 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Adam Gufarotti
[email protected]
Security Level: Email, Account Authentication
None)
Sent: 9/2/2025 1:46:21 PM
Electronic Record and Signature Disclosure:
Accepted: 7/29/2025 3:59:35 PM
ID: 377de97b-7f46-4b61-984c-523d268c28e4
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/20/2025 3:51:51 PM
Envelope Updated Security Checked 8/21/2025 12:27:06 PM Envelope Updated Security Checked 8/21/2025 12:27:06 PM Certified Delivered Security Checked 9/2/2025 1:45:55 PM Signing Complete Security Checked 9/2/2025 1:46:18 PM
Completed Security Checked 9/2/2025 1:46:21 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
CONSUMER DISCLOSURE
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If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign ‘Withdraw Consent’ form on the signing page of a DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
Electronic Record and Signature Disclosure created on: 2/5/2018 9:41:59 AM Parties agreed to: Brendan Rafferty, Shannon Buckley, David Mann, Teresa San Paolo, Jason Simpson, Candice Alvarez, Adam Gufarotti How to contact Carahsoft OBO City of Lake Elsinore:
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REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Adam Gufarotti, Assistant Director of Lake & Community Operations Date: May 26, 2026
Subject: Agreement with Mpressions for City Hall Signage in Support of City Operations
Recommendation
Approve and authorize the City Manager to execute a Contractor Services Agreement with Mpressions in an amount not to exceed $160,000 for the installation and support of City Hall Signage in such final form as approved by the City Attorney.
Background
As construction of the new City Hall nears completion, staff has transitioned into the final interior and operational readiness phase of the project. In conjunction with this progress, the final building signage and wayfinding plan has been completed.
Discussion
Mpressions will furnish all necessary labor, materials, equipment, and technical expertise required for the fabrication, installation, and implementation of signage throughout the new City Hall. All signage will be designed and installed in compliance with current Americans with Disabilities Act (ADA) standards and applicable accessibility regulations to ensure the facility is fully accessible to the public and City staff. In addition, Mpressions will provide ongoing technical support and minor consultation services to assist the City with future signage needs, updates, and modifications necessary to maintain continued compliance and operational consistency within the new City Hall
City Hall Signage
Fiscal Impact
Funds are budgeted in the Fiscal Year 2025-26 budget.
Attachments
Attachment 1 – Agreement
Exhibit A – Quote
AGREEMENT FOR CONTRACTOR SERVICES
Dean Hesketh Company, Inc. dba Mpressions
This Agreement for Contractor Services (the “Agreement”) is made and entered into as of May 27, 2026 by and between the City of Lake Elsinore, a municipal corporation (the “City”) and Dean Hesketh Company Inc., a Corporation (the “Contractor”).
RECITALS
A. The City has determined that it requires the following services:
City Hall Signage and Support Services
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated April 29, 2026, both of which are attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A) and may be requested to perform related follow-up services consistent with 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 services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work.
b. Performance Schedule. Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager.
c. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on May 27, 2026 and ending June 30, 2027. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.
Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City.
3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's compensation exceed one hundred sixty thousand dollars and no cents ($160,000.00) without additional written authorization from the City.
Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Contractor’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Contractor’s prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same.
Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this
Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein.
7. Plans, Reports, Documents
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third-party requests of Contractor shall be immediately referred to City, without any other actions by Contractor. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data, which were prepared by design professionals other than Contractor or provided, to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's solerisk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Contractor shall not, without the prior written consent of City, use such materials for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor, which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
8. Contractor's Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period
required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor-in-interest.
9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner.
b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).)
12. Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise.
13. Compliance with Laws.
a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and/or its employees, officers, or board members. b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
14. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession.
Contractor shall maintain a City of Lake Elsinore business license.
15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
16. Insurance Requirements .
a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies.
i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance andEmployer's Liability Insurance for his/her employees inaccordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language :
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City,
its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Dean Hesketh Company. Inc. dba Mpressions Attn: Charlene Hesketh
2551 W. La Palma Ave.
Anaheim, CA 92801
18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor.
Contractor shall be fully responsible to City for all acts or omissions of any subcontractors.
Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
22. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or nonpayment of prevailing wages under California law, and Contractor hereby agrees to defend,
indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force andeffect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor’s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Dean Hesketh Company, Inc., a Corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
By: Charlene Hesketh
Its: President
Attachments: Exhibit A – Contractor’s Proposal
EXHIBIT A
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
LAKE ESLSINORE CITY HALL SIGNAGE
1ST FLOOR
ROOM# ROOM DISCRPTION MATERIAL QTY SUB TOTAL TOTAL
101-117 OFFICE SIGNS POCKET SIGN WITH INSERT 17 $189.95 $3,229.15 117A ELEVATOR EQUIPMENT 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $149.95 118 WINDOW 1-5 INCLUDES CASHIER HANGING SIGN 30"X16" 5 $169.95 $849.75 118 RECEPTION HANGING SIGN 48" X 24" 1 $199.95 $199.95
118 EXIT ROUTE 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $129.95 $129.95 119 CONFERENCE ROOM POCKET SIGN WITH 8.5X11 INSERT 1 $229.95 $229.95 119 OCCUPANCY SIGN 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $149.95 119 ASSISTIVE LISTENING 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $149.95 120 MEN'S RR WALL 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $159.95 $159.95 120 MEN'S RR DOOR 1/4"ACRYLIC 1 $179.95 $179.95
121 WOMEN'S RR WALL 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $159.95 $159.95 121 WOMEN'S RR DOOR 1/4"ACRYLIC 1 $179.95 $179.95
122 JANITOR CLOSET 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $149.95 123/124 UNI-SEX RR WALL 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 2 $159.95 $319.90 123/124 UNI-SEX RR DOOR 1/4"ACRYLIC 2 $199.95 $399.90
125 STORAGE 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $149.95 126 CUBICES 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 14 $50.00 $700.00 127 RECREATION CITY CLERK 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $149.95 127 CITY LOGO 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $10,000.00 $10,000.00 ESTIMATE ONLY PRICE CAN CHANGE SUBJECT TO MORE INFORMATION 128/129 ELECTRICAL 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 2 $149.95 $299.90 ELEVATOR ID 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $149.95 EVACUATION MAP 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $189.95 $189.95 STAIR ID 1&2 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 2 $229.95 $459.90 IN CASE OF FIRE 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 2 $189.95 $379.90 EVACUATION MAP 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 2 $189.95 $379.90 EXIT SIGN 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 6 $129.95 $779.70 2ND FLOOR
201 CONFERENCE ROOM POCKET SIGN WITH 8.5X11 INSERT 1 229.95 $229.95 201 OCCUPANCY SIGN 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 202-205 OFFICE SIGNS POCKET SIGN WITH INSERT 4 $189.95 $759.80 206 STORAGE 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $149.95 207-208 OFFICE SIGNS POCKET SIGN WITH INSERT 2 $189.95 $379.90 209 IT ROOM 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $149.95 210-216 OFFICE SIGNS POCKET SIGN WITH INSERT 6 $189.95 $1,139.70 216A ELEVATOR EQUIPMENT 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $149.95 218-222 OFFICE SIGNS POCKET SIGN WITH INSERT 5 $189.95 $949.75 217 EMPLOYEES ONLY 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $149.95 218-222 OFFICE SIGNS POCKET SIGN WITH INSERT 5 $189.95 $949.75 218 CUBICLES 8 $50.00 $400.00
223 MEN'S RR WALL 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $159.95 $159.95 223 MEN['S RR DOOR 1/4"ACRYLIC 1 $179.95 $179.95
224 WOMEN'S RR WALL 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $159.95 $159.95 224 WOMEN'S RR DOOR 1/4"ACRYLIC 2 $179.95 $359.90
225 JANITOR CLOSET 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 2 $149.95 $299.90 226/227 UNI-SEX RR WALL 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 2 $149.95 $299.90 226/227 UNI-SEX RR DOOR 1/4"ACRYLIC 2 $199.95 $399.90
228 STORAGE 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 2 $149.95 $299.90 229 CUBICES 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 2 $50.00 $100.00 230 IT SERVER ROOM 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 2 $149.95 $299.90 231 EMPLOYEES ONLY 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 3 $149.95 $449.85 231 OCCUPANCY SIGN 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $149.95 231 EXIT ROUTE 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $129.95 $129.95 232 CUBICES 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 6 $50.00 $300.00 ELEVATOR ID 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $149.95 EVACUATION MAP 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $199.95 $199.95 STAIR ID 1&2 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 2 $199.95 $399.90 IN CASE OF FIRE 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 2 $189.95 $379.90 EVACUATION MAP 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 2 $199.95 $399.90 EXIT STAIR DOWN 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 2 $129.95 $259.90 EXIT ROUTE 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 3 $129.95 $389.85 3RD FLOOR
301 COUNSIL CHAMBERS 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 3 $149.95 $449.85 301 OCCUPANCY SIGN 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 2 $149.95 $299.90 301 EXIT ROUTE 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 3 $129.95 $389.85 301 ASSISTIVE LISTENING 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $149.95 302-309 OFFICE SIGNS POCKET SIGN WITH INSERT 8 $189.95 $1,519.60 310 CONFERENCE ROOM POCKET SIGN WITH INSERT 1 $189.95 $189.95 310 OCCUPANCY SIGN 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $149.95 310 ASSISTIVE LISTENING 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $149.95 310 EXIT ROUTE 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $129.95 $129.95 310 LOGO 1 $5,000.00 $5,000.00 ESTIMATE ONLY PRICE CAN CHANGE SUBJECT TO MORE INFORMATION 311-315 OFFICE SIGNS POCKET SIGN WITH INSERT 5 $189.95 $949.75 316 ELEVATOR EQUIPMENT 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $149.95 317 PUBLIC LOBBY 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 317 OCCUPANCY SIGN 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 317 EXIT ROUTE 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $129.95 $129.95 318 CONFERENCE ROOM POCKET SIGN WITH INSERT 1 $189.95 $189.95 318 OCCUPANCY SIGN 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $149.95 318 ASSISTIVE LISTENING 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $149.95 318 EXIT ROUTE 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $129.95 $129.95 318 LOGO 1 $10,000.00 $10,000.00 ESTIMATE ONLY PRICE CAN CHANGE SUBJECT TO MORE INFORMATION 319 HUMAN RESOURCES EMPLOYEES ONLY 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $149.95 320 CITY MANAGERS OFFICE/EMPLOYEES ONLY 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $189.95 $189.95 321 STORAGE 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $149.95 322 MEN'S RR WALL 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $159.95 $159.95 322 MEN'S RR DOOR 1/4"ACRYLIC 1 $179.95 $179.95
323 WOMEN'S RR WALL 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $159.95 $159.95 323 WOMEN'S RR DOOR 1/4"ACRYLIC 1 $179.95 $179.95
324/325 OFFICE SIGNS POCKET SIGN WITH INSERT 2 $189.95 $379.90 326/327 UNI-SEX RR WALL 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 2 $159.95 $319.90 326/327 UNI-SEX RR DOOR 1/4"ACRYLIC 2 $199.95 $399.90
328 STORAGE 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $149.95 329 OFFICE SIGNS 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $189.95 $189.95 ELEVATOR ID 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $149.95 EVACUATION MAP 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $199.95 $199.95 STAIR ID 1&2 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 2 $199.95 $399.90 IN CASE OF FIRE 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 2 $189.95 $379.90 EVACUATION MAP 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 2 $199.95 $399.90 EXIT STAIR DOWN 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 2 $129.95 $259.90 4TH FLOOR
ELEVATOR ID 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $149.95 EVACUATION MAP 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $199.95 $199.95 STAIR ID 1&2 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 2 $199.95 $399.90 IN CASE OF FIRE 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 2 $189.95 $379.90 EVACUATION MAP 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 2 $199.95 $399.90 EXIT STAIR DOWN 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 2 $129.95 $259.90 EXIT ROUTE 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 3 $129.95 $389.85 MEN'S RR WALL 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $159.95 $159.95 MEN['S RR DOOR 1/4"ACRYLIC 1 $179.95 $179.95
WOMEN'S RR WALL 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $159.95 $159.95 WOMEN'S RR DOOR 1/4"ACRYLIC 2 $179.95 $359.90
STORAGE 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 3 $149.95 $449.85 KITCHEN 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $149.95 JANITOR CLOSET 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 1 $149.95 $449.85 EXIT ROUTE DIRECTIONAL 1/4" BLACK ACRYLIC BACK /1/8" WHITE ACRYLIC SPECIAL CUT 10 $129.95 $1,299.50 TOTAL 205
MATERIALS $61,519.65
SUBMITTALS $1,500.00
SALES TAX 8.75% $5,514.22
DESIGN $5,125.00
SIGN INSTALLATION $14,600.00
ART INSTALLATION $10,684.52
WALL COVERING INSTALLATION $11,220.00
ADMINISTRATION FEE $1,500.00
TOTAL $111,663.39
10.14.00 INTERIOR SIGNAGE
INSTALLATION BASED ON PRAVAILING WAGE
This Bid Is Valid For 90 Days From The Date Posted In The Lower Left Hand Corner OF This Sheet ESTIMATE BASED ON DETAIL PAGES A10.41 & A2.01
BID IS SUBJECT TO CHANGE IF MORE INFORMATION IS PROVIDED Bid Submitted By:CHARLENE HESKETH
Dean Hesketh Company, Inc., dba Mpressions
2551 W. La Palma Ave. Charlene Hesketh
Anaheim, CA. 92801
Contact: 714-236-2145
Email: [email protected]
Direct Line:
Certified SBA & Woman Owned
CSLB# 981929
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manage
Date: May 26, 2026
Subject: Public Works Construction Agreement with SAS Construction for the Bid Set ‘B’, on the new City Library Project CIP Project No. Z20003 Recommendation
Approve and authorize the City Manager to execute a Public Works Construction Agreement with SAS Construction in an amount not to exceed $3,747,900.00 for Bid Set ‘B’, on the new City Library Project in such final form as approved by the City Attorney; authorize the City Manager to execute change orders not to exceed the 10% contingency amount of $374,790.00 for uncertainties and adjustments; and authorize the City Clerk to record the Notice of Completion once work is completed.
Background
The City has secured construction funding and has designed a new City Library ready for construction at the corner of Sumner Avenue and Main Street. Construction bid documents were prepared and Bid Set ‘B’ was advertised for bid in accordance with the requirements set forth in the California Public Contract Code. The City posted on PlanetBids the notice inviting bids for the Library Project, Bid Set ‘B’.
Two bids were received on or before the deadline of 2:00 p.m. on Thursday, April 30, 2026. The bids were reviewed in Planetbids, examined, and declared in City Hall. The bid result were posted in Planetbids shortly after the staff’s review. Following the examination of the bids, the lowest responsive bidder, SAS Construction, was reviewed and interviewed by staff and determined to be complete.
Discussion
Both companies listed below submitted a bid response. Staff have verified the references and work product of the lowest responsive bidder, and the contractor was briefed on the entire scope of work and is familiar with the project and work requirements. Listed below are the submitted proposals for the City Library Bid Set ‘B’ scope of work:
SAS Construction New City Library
Company Address Amount
SAS Construction
301 West Dyer Road Unit D
Santa Ana CA 92707 $3,747,000.00
Monet Construction
7610 Day St
Tujunga, California 91042 $5,013,274.00
Elements of the Bid Set ‘B’ scope of work will begin soon after the execution of the public works construction agreement. During construction of the Bid Set ‘B’ multiple construction elements will be completed simultaneously with considerations to the site limitations and current construction progress of the building structure. In this construction agreement, the key elements will include the following items:
Mobilization & Demobilization Including Construction Schedules (Not To Exceed 3% of Total Bid)
Labor, Material and Performance Bonds
Insulation, Drywall, and Paint
HVAC Mechanical
Exterior Paint
Rough and Finish Plumbing and Fixtures
Bathroom Tile Flooring
Interior Doors and Hardware
Asphalt and Concrete gutter and Striping
Concrete Sidewalk and Stairs
Metal Works (Handrails, Guard Rails)
Building Gutters
Catch Basin
Solar
Exterior Underground Utilities (water, sewer, power)
Exterior Site Light Poles (3)
T-bar Ceiling and acoustic panels
Fiscal Impact
Funding costs are included in the Fiscal Year 25/26 – 29/30 Capital Improvement Plan (CIP) budget, CIP No. Z20003.
Attachments
Attachment 1 – Agreement
Exhibit A – Proposal
1 Agreement No. __________
AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
SAS Construction
For the
City Library, Bid Set ‘B’
CIP PROJECT NO. Z20003
This Agreement for Public Works Construction (“Agreement”) is made and entered into as of May 26, 2026 by and between the City of Lake Elsinore, a municipal corporation (“City”) and SAS Construction (“Contractor”).
The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows:
1. The Project and Project Documents. Contractor agrees to construct the following public improvements (“work”) identified as:
Library, Bid Set ‘B’ (the “Project”)
The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Staff, are identified as:
Bid Set ‘B’, Library
The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder’s Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above-listed documents are made a part of this Agreement as though fully set forth herein.
2. Compensation.
a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder’s Proposal, such contract price being three million seven hundred fourty seven thousand nine hundred dollars and no cents ($3,747,900.00). 2 b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents.
c. Contractor agrees to receive and accept the prices set forth in the Bidder’s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
3. Completion of Work.
a. Contractor shall perform and complete all work within 90 working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project.
c. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of $1,000 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 3 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage claim against the Contractor.
Any change to the work shall be by way of a written instrument (“change order”) signed by the City and the Contractor, stating their agreement to the following:
a. The scope of the change in the work;
b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance.
The City Engineer is authorized to sign any change order provided that sufficient contingency funds are available in the City’s approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes.
5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney.
6. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.
7. Licenses. Contractor represents and warrants to City that it holds the contractor’s license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to 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.
8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, the County and Board Supervisors, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the 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
4 property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
9. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the 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. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
5 iv. Builder’s Risk Coverage. Prior to the commencement of any construction of the Project, Design-Builder shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder’s risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). v. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants.
The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. The 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. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of 6 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.
10. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: SAS Construction
Attn: Seyed Mohammad Ali Shahabi
301 West Dryer Rd Unit D
Santa Ana CA 92707
11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties for obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. 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.
14. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
15. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
16. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 7 17. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
18. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
19. Authority to Enter Agreement and Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. The City Engineer shall act as the Project administrator on behalf of the City.
20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, 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.
21. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
22. Prevailing Wages.
a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. 8 b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced.
c. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions.
Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810.
23. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page]
9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
SAS Construction, a corporation
City Manager
ATTEST:
By: Seyed Mohammad Ali Shahabi
Its: Owner
City Clerk
APPROVED AS TO FORM:
By: Click or tap here to enter text.
Its: Click or tap here to enter text.
City Attorney
Assistant City Manager
EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Damaris Abraham, Community Development Director Date: May 26, 2026
Subject: Professional Services Agreement with EPD Solutions, Inc. for the Environmental Documentation for the Dreamline Project
Recommendation
Approve and authorize the City Manager to execute a Professional Services Agreement with EPD Solutions, Inc. for the Dreamline project in an amount not to exceed $302,080.00 in such final form as approved by the City Attorney, and authorize the City Manager to execute change orders not to exceed a contingency amount of $30,200.00 for uncertainties and adjustments.
Background
The City of Lake Elsinore serves as the lead agency to evaluate the environmental impacts of development projects proposed within the City. The Community Development Department is responsible for the preparation of the necessary information and, depending on the scope and size of the project, will either prepare the environmental documents in-house or have a consultant prepare the documents and studies. The project applicant CBC Land Team through the application fee process pays for the cost of preparing the environmental analysis.
Discussion
The applicant has submitted an entitlement application for a mixed-use community development known as the Dreamline project located within the East Lake Specific Plan (ELSP). The project includes the following APNs: 365-030-008 through 015, -042, -043 and -047; 370-030-004, -006, -012; 370-040-004 through 007, -010, -011, -012, -013, -034, -036, -038, 040, 041-042;
EPD Solutions, Inc. - Dreamline Project
370-070-001, -003, -006, -010; 370-120-001, -017, -058, and -063.
The project proposes an amendment to the Elsinore Lake Specific Plan (ELSP) to facilitate development of a mixed-use community across multiple planning areas within the project site.
The Specific Plan Amendment would allow for a range of land uses, including approximately 92.4 acres of light industrial development totaling up to 1,500,720 square feet of industrial building space, approximately 43.56 acres of residential development accommodating up to 391 dwelling units, and a Formula 1 racetrack complex that would include up to 480 condominium units on approximately 188.13 acres. The amendment would also provide for a commercial business park on approximately 38.87 acres supporting up to 670,000 square feet of mixed commercial uses, as well as expansion of the airport land use overlay zone across approximately 124 acres.
Implementation of the project would require several discretionary approvals including adoption of a General Plan Amendment, Specific Plan Amendment, tentative tract maps, and design reviews.
It is anticipated that the proposed application will require the preparation of an Environmental Impact Report (EIR). The project will require several technical studies to be prepared including Air Quality, Energy, Greenhouse Gas, and Health Risk Assessment, Noise and Vibration Assessment, Cultural Resources Assessment, Paleontological Resources Assessment, Phase I Environmental Site Assessment, Visual Impact Assessment, Geotechnical/Soils Evaluation, Utility/Services System Study, Vehicle Miles Traveled (VMT) Analysis, and Wildfire Protection Plan and Report. EPD Solutions, Inc. will utilize the above technical studies to prepare detailed analysis for the project as required by CEQA.
Fiscal Impact
The cost of preparing the environmental review will be paid by fees collected from the developer through the City’s cost recovery program. All staff administrative time and consultant costs are paid from the applicant’s fees. No General Fund budgets will be allocated or used for the completion of the CEQA documents for the project.
Attachments
Attachment 1 – Agreement
Exhibit A – Proposal
AGREEMENT FOR PROFESSIONAL SERVICES
EPD SOLUTIONS, INC
ENVIRONMENTAL REVIEW SERVICES
This Agreement for Professional Services (the “Agreement”) is made and entered into as of May 26, 2026, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and EPD Solutions, Inc., a California Corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
Peer review of an environmental document for the Dreamline Project B. Consultant has submitted to City a proposal, dated April 30, 2026, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein.
D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described in Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal, subject to the direction of the City through its staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager.
c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed Three hundred two thousand eighty dollars ($302,080.00) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.
7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any 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.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.
9. Independent Contractor.
a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered
by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.
13. Compliance with Laws.
a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members.
b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license.
15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of
law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: EPD Solutions, Inc.
Attn: Jeremy Krout
3333 Michelson Drive, Suite 500
Irivine, CA 92612
18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to
make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) 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]
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”
EPD Solutions, Inc., a California Corporation
By: Jeremy Krout
Its: President/ CEO
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
Prepared for:
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
Contact: Damaris Abraham
Email: [email protected]
Phone: (951) 848-4046
Prepared by:
EPD Solutions, Inc.
[email protected]
Direct: (949) 794-1180
PROJECT OVERVIEW
Project Name:
Dreamline at Lake Elsinore CEQA
Project Location:
City of Lake Elsinore, CA
Managing Jurisdiction:
City of Lake Elsinore
Proposed Services:
Environmental Planning & CEQA Compliance
April 30, 2026
Dear Damaris,
Thank you for inviting EPD Solutions, Inc. (EPD) to submit this proposal for California Environmental Quality Act (CEQA) services. It is our understanding that the City of Lake Elsinore is seeking assistance with environmental review for the proposed amendment to the Elsinore Lake Specific Plan (ELSP) to facilitate development of a mixed-use community, including industrial, residential, commercial, motorsports, and open space land uses, along with associated infrastructure improvements. Based on the scope and scale of the proposed project, EPD proposes to prepare a project-level Environmental Impact Report (EIR) to evaluate the potential environmental effects associated with implementation of the Specific Plan Amendment. The EIR will assess both project-specific and cumulative impacts, identify feasible mitigation measures and alternatives, and support informed decision-making in accordance with CEQA. Noteworthy considerations that set EPD apart include:
• Local Knowledge. The EPD team has extensive experience working in the City of Lake Elsinore on a variety of projects, including similar industrial projects. Through our extensive experience, EPD’s team has familiarized itself with the City’s General Plan, Municipal Code, and history of land use decisions. This experience makes the team uniquely capable of providing CEQA peer review services for the proposed project.
• Environmental Documentation Experience. EPD’s staff has completed hundreds of documents in compliance with CEQA, including projects similar in scope to the proposed project. These documents have included CEQA exemptions, addenda, mitigated negative declarations, and environmental impact reports for a wide array of projects, including residential development, small- and large-scale commercial and industrial facilities, master plans, and General Plans. With this background, we are able to bring to the City an experienced team of seasoned reviewers. • Senior CEQA Experts and Project Management Team. EPD brings to the City an experienced team skilled in complex projects and knowledgeable about CEQA standards and expectations. The EIR preparation would be managed by principal-level staff, who would be available as required to attend in-person meetings or conference calls with City staff to ensure information exchange is smooth and any issues that arise are resolved quickly. We also have an in-house traffic engineer, in-house noise expertise, and senior air quality and greenhouse gas expertise.
Thank you for your consideration.
Sincerely,
EPD Solutions, Inc.
Jeremy Krout
President/CEO
April 30, 2026 - Dreamline at Lake Elsinore CEQA - Page 4
METHOD OF APPROACH
PROJECT DESCRIPTION
The proposed project consists of an amendment to the Elsinore Lake Specific Plan (ELSP) to facilitate development of a mixed-use community across multiple planning areas within the project site. The Specific Plan Amendment would allow for a range of land uses, including approximately 92.4 acres of light industrial development totaling up to 1,500,720 square feet of industrial building space, approximately
43.56 acres of residential development accommodating up to 391 dwelling units, and a Formula 2 racetrack complex that would include up to 480 condominium units on approximately 188.13 acres. The amendment would also provide for a commercial business park on approximately 38.87 acres supporting up to 670,000 square feet of mixed commercial uses, as well as expansion of the airport land use overlay zone across approximately 124 acres.
In addition to these development areas, the project includes a variety of supporting land uses and infrastructure improvements intended to support long term development of the planning area. These components include open space and recreational uses on approximately 90.51 acres, relocation of the existing motorsports park to approximately 30.03 acres, and designation of approximately 51 acres for open space and conservation purposes. The project would also include related on-site and off-site right of way improvements consisting of up to 20.61 acres of new on-site roadway improvements and up to
50.19 acres of off-site roadway improvements to support circulation and access throughout the planning area. Implementation of the project would require several discretionary approvals from the City of Lake Elsinore, including adoption of the Specific Plan Amendment, approval of a specific plan level tentative tract map, residential and industrial tentative tract maps and design review approvals, commercial design review, certification of the project Environmental Impact Report, and any other approvals required by the City.
PROJECT APPROACH
EPD proposes to prepare an Environmental Impact Report (EIR) for the proposed Specific Plan Amendment in accordance with the California Environmental Quality Act (CEQA). The EIR will evaluate the potential environmental impacts associated with implementation of the proposed land uses and related infrastructure improvements, including light industrial, residential, commercial, motorsports, and open space components, as well as associated on-site and off-site circulation improvements. The document will provide a comprehensive evaluation of the project’s environmental effects, including project specific and cumulative impacts, and will identify feasible mitigation measures and alternatives consistent with CEQA requirements.
The EIR will include analysis of all CEQA resource areas and will incorporate technical studies and supporting documentation necessary to evaluate key issue areas. EPD will coordinate closely with the City of Lake Elsinore and the project team throughout the process to confirm the scope of analysis, ensure the document reflects the most current project information, and address comments received during public review. Based on our experience with projects of similar scale and complexity, EPD anticipates a document preparation schedule of approximately 14 months, not inclusive of agency or applicant review periods.
This coordinated approach will ensure the EIR provides a clear and legally defensible evaluation of the project’s environmental impacts to support informed decision making by the City.
April 30, 2026 - Dreamline at Lake Elsinore CEQA - Page 5
SCOPE OF WORK
TASK 1. PROJECT INITIATION
Task 1.1. Project Kickoff Meeting
Upon receipt of the signed contract, EPD will facilitate a kickoff meeting with the project team and Lead Agency staff. During this meeting, EPD will define the project scope, objectives, and key deliverables to ensure alignment among all participants.
Team members will be introduced, and their roles and responsibilities will be clarified. The project timeline, milestones, and dependencies will be reviewed to provide a clear roadmap for the project.
Communication protocols, including the frequency of meetings, reporting mechanisms, and escalation procedures, will be established to ensure effective coordination.
EPD will identify potential risks and develop mitigation strategies to address them.
County’s and/or applicant’s knowledge of specific site conditions, concerns, and issues.
Key topics to be discussed during this meeting may include the following:
1. Outline communication protocols
2. Refine project schedule
3. Confirm existing and past uses of the site
4. Review of project design, including, but not limited to:
• Preliminary plans and design specifications
• Phasing information
• Construction and operational parameters
• Discuss any other pertinent information that would guide the project description
5. Identify project objectives
6. Discuss the pre-application process
7. Discuss parameters of any project alternatives/variations the Client is considering
8. Obtain technical studies completed for the project; and
9. Discuss the preparation of new technical studies, along with any data requirements/needs for initiating technical analyses.
10. Identify relevant community and agency stakeholders.
We will also confer with the project team during this early process to discuss the potential environmental impacts of the proposed project. This upfront evaluation of impacts will allow the project team to consider project design features that would minimize environmental impacts.
EPD Staff will work closely with City of Lake Elsinore’s Staff to ensure the project follows the CEQA pathway that best suits the project. During this collaboration with City of Lake Elsinore’s Staff, EPD will identify any opportunities for increased efficiencies in the CEQA process.
April 30, 2026 - Dreamline at Lake Elsinore CEQA - Page 6 Task 1.2. Project Description
Prior to the initiation of the environmental document, EPD will develop a detailed project description.
One of the keys to successful CEQA compliance is a clear definition of the project and its components. The project description will be drafted to describe the full scope of project improvements, implementation schedule and phasing, infrastructure requirements, construction process, and any offsite improvements required for implementation and operation of the proposed project, including maps depicting the project footprint.
The budget for this task assumes that the City will supply EPD with all necessary georeferenced and projected technical files and plans. Prior to beginning preparation of the Draft EIR, the draft Project Description will be circulated to the City and project team for review and comment.One round of revisions is assumed.
TASK 2. REVIEW OF EXISTING TECHNICAL STUDEIES
EPD will review the existing technical studies for CEQA adequacy. The following applicant prepared studies will be provided to EPD for review:
• Air Quality/Greenhouse Gas Analysis
• Biological Resources Assessment & MSHCP Consistency Analysis • Cultural Resources Assessment
• Energy Analysis
• Preliminary Hydrology/Drainage Report
• Geotechnical/Soils/Slope Stability Investigation Report • Noise Impact Analysis
• Paleontological Resources Assessment
• Phase 1 Environmental Site Assessment
• Public Services Demand Study
• Water Quality Management Plan (preliminary, subject to Engineering Division approval) • Wildfire Protection Plan and Report
• Utility/ Services Systems Study (i.e., Utility Will-Serve Letters) • Vehicle Miles Traveled (VMT) Analysis (subject to City Traffic Engineer scope of work approval) • Visual Impact Analysis
• Additional technical studies, engineering reports, or other information may be required EPD will examine each study's methodologies, data sources, and conclusions, and will identify any disparities in the data and analyses presented. The project description, impact significance thresholds and mitigation measures will be reviewed to determine if they are adequate pursuant to CEQA.
EPD will cross-reference the project description, onsite and offsite improvements, findings and recommendations across different studies to ensure consistency. Upon completion of the initial peer review for CEQA adequacy, EPD will submit comments to City staff listing additional information required or necessary revisions to the studies. With City permission, EPD can coordinate directly with the applicant’s subconsultants to clarify comments and expedite the review process.
Upon receiving updated studies, EPD will conduct a second adequacy review and submit a second set of comments, if necessary.
April 30, 2026 - Dreamline at Lake Elsinore CEQA - Page 7 EPD will coordinate the technical study peer review comments with the City and, if authorized, with the Applicant’s consultant team. EPD will provide one set of comments for the first review and all comments are assumed to be addressed in the second review of the reports. Additional rounds of review may require an amendment to this scope of work and proposed budget.
TASK 3. NOTICE OF PREPARATION AND SCOPING MEETING
Task 3.1. Notice of Preparation
EPD will prepare a Notice of Preparation (NOP) and submit it to the City of Lake Elsinore for review. The NOP will include all necessary text and graphics, and comments from the City of Lake Elsinore will be incorporated into the Final NOP for public release. EPD will handle document distribution, including submission to the State Clearinghouse, and the County. This scope assumes the City of Lake Elsinore or the applicant will provide a mailing list of interested parties.
Task 3.2. Scoping Meeting
The issuance of the NOP initiates a 30-day public review period, as required under CEQA Guidelines Section 15082(c)(1), which also mandates that agencies, organizations, and individuals be notified and invited to provide input on the scope of the EIR. During this time, EPD will work with the City of Lake Elsinore to schedule a Scoping Meeting to gather public comments on the environmental aspects of the project.
EPD staff will attend the Scoping Meeting and, at the City of Lake Elsinore’s discretion, either lead the presentation or provide supporting materials for a jurisdiction-led presentation. EPD will prepare handouts and a PowerPoint presentation tailored to the meeting, ensuring these materials are reviewed by the City of Lake Elsinore prior to the event. The presentation will focus exclusively on the project’s environmental considerations, avoiding discussions on public policy or entitlement issues.
TASK 4. DRAFT EIR
Task 4.1. Administrative Draft EIR
EPD will prepare an Administrative Draft EIR for review by the City of Lake Elsinore staff. EPD will evaluate the necessary information with respect to the existing conditions, the potential adverse effects of project implementation (both individual and cumulative), and measures to mitigate such effects. Environmental issues raised during the Scoping Meeting as well as responses to the NOP will also be evaluated. The analyses will be based upon readily available data, results from additional research, and an assessment of existing technical data.
The Administrative Draft EIR will include all CEQA-required sections.As described above, refinements to the specific work program for addressing environmental issue areas will be developed in coordination with the City of Lake Elsinore staff. The impact analysis developed by EPD will treat impacts at a projectspecific level.
The methodology and criteria used for determining the impacts of the project will be explicitly and clearly described in the EIR, including any assumptions, models, or modeling techniques used in the analysis. The level of significance of the impact will be stated and a determination will be made as to whether it is less than significant, potentially significant, or significant and unavoidable. EPD will identify any standard April 30, 2026 - Dreamline at Lake Elsinore CEQA - Page 8 policies, programs, standard conditions of approval, or other obligations on the project that would effectively reduce impacts. Where such standard conditions are not adequate to mitigate impacts to below a level of significance, mitigation measures will be developed. The extent to which the proposed mitigation measures will reduce the level of significance of the impact will be identified.
Where potentially significant impacts are identified in the Administrative Draft EIR, practicable and project-specific level mitigation measures will be formulated. The impact will be numbered, as will the corresponding mitigation measures pursuant to standard City of Lake Elsinore practices. Cross-references will be provided where necessary. At the end of the impact sections, conclusions will be drawn regarding the availability and feasibility of mitigation measures. Exhibits and graphics will be used to describe, evaluate, and analyze information within the document.
The following is an outline of the sections which would be included in the EIR:
• Chapter 1: Executive Summary. This section includes a summary of the pertinent project issues and briefly describes the impacts and mitigation measures. The executive summary will also include a brief description of the alternatives to the proposed project. A summary table will be provided consisting of a matrix of impacts and corresponding mitigation measures, including levels of significance of impacts before and after mitigation. • Chapter 2: Introduction. This section provides a discussion of the purpose and authority of the EIR, organization of the document, identification of the City of Lake Elsinore as the lead agency and any responsible and trustee agencies, and other general information on the project. • Chapter 3: Project Description. This section includes regional and vicinity location maps, a description of ownership, jurisdictional boundaries, a detailed description of existing and proposed site facilities and equipment, project phasing, a discussion of required entitlements, and an overview of cumulative impacts. A statement of project objectives will be prepared by EPD and included in the Project Description. Project objectives will be included that identify the purpose of the proposed project. The statement of project objectives helps a lead agency develop a reasonable range of alternatives to evaluate in an EIR and aids in the preparation of Findings of Fact and a Statement of Overriding Considerations, if necessary. • Chapter 4: Environmental Setting, Impacts, and Mitigation Measures. This section includes an overview of the general setting of the environment in the vicinity of the project site and identifies the related projects used in the cumulative impact analysis. The impacts and mitigation measures part of this chapter includes an analysis of the topical environmental issue areas. For each significant adverse impact that remains, CEQA requires that an EIR discuss feasible mitigation measures to avoid or substantially reduce the project’s significant adverse environmental effect.
Drafting effective mitigation measures involves clearly explaining the mitigation measure’s objectives and implementation—specifically, how the mitigation measure will be put into action, who is responsible for its implementation, where it will occur, and when it will occur. Many adverse project-related impacts may be mitigated by Standard Conditions of Approval and Best Management Practices. This type of mitigation will be identified separately from the projectspecific mitigation measures identified in the EIR.
Each environmental issue will include the following sub-sections:
April 30, 2026 - Dreamline at Lake Elsinore CEQA - Page 9 o An Introduction identifying the primary documents used in the preparation of the section and any other pertinent information.
o An Existing Conditions section identifying and describing the existing physical environmental conditions that constitute the baseline physical conditions. The baseline assists in determining the significance of an impact.
o A listing of Thresholds of Significance, as adopted by the City of Lake Elsinore (if available). o Project Impacts describing environmental changes to the existing physical conditions that may occur if the proposed project is implemented and evaluating these changes with respect to the thresholds of significance. In addition, this section would include any Project Design Features proposed to reduce potentially significant impacts. o Cumulative Impacts describing the potential changes in the environmental conditions that result from the incremental impact of the proposed project added to closely related past, present, and probable future projects.
o Mitigation Measures, which are those specific measures that may be required of the project by the Lead Agency to: 1) avoid an impact; 2) minimize an impact; 3) rectify an impact by restoration; 4) reduce or eliminate an impact over time by preservation and maintenance operations; or 5) compensate for the impact by replacing or providing substitute resources.
o Level of Significance after Mitigation describing the level of impact significance remaining after mitigation measures have been implemented.
• Chapter 5: Consequences of Project Implementation. This section summarizes those environmental effects that are found to be less-than-significant and those which are deemed significant and unavoidable. This section also includes other EIR sections mandated by CEQA, including a discussion of irreversible impacts, significant cumulative impacts, and growth inducement resulting from the project.
• Chapter 6: Alternatives. This section analyzes a reasonable range of alternatives that meet the applicant-provided project objectives; are feasible on an economic, legal, and regulatory basis; and would avoid or substantially lessen at least one significant impact of the project. EPD will analyze three project alternatives, including the required “No Project” alternative. These alternatives would be developed as part of the preparation of the Administrative Draft EIR. The Administrative Draft EIR will include a discussion of the environmental impacts associated with each alternative and compare the impacts with those identified for the proposed project. In addition, a summary matrix that presents and contrasts the environmental effects of each alternative as compared to the proposed project will be prepared. • Chapter 7: Organizations and Persons Consulted. This section lists the organizations and persons consulted during the preparation of the EIR.
• Chapter 8: List of Preparers. This section lists the individuals who contributed to the preparation of the EIR.
• Chapter 9: Bibliography. This section will include a list of the references cited in the body of the EIR, organized by chapter.
April 30, 2026 - Dreamline at Lake Elsinore CEQA - Page 10 • Technical Appendix. The technical appendix will include the IS/NOP and the technical studies used in the preparation of the EIR. This may be included as a separate volume.
One synchronized review of the Administrative Draft EIR. is anticipated by the City and applicant team, if authorized by the City.
Task 4.2. Screencheck Draft EIR
EPD will incorporate comments received on the Administrative Draft EIR and a Screencheck Draft will be prepared and submitted to the City of Lake Elsinore for review. Project team and City comments will be incorporated into an updated document. One round of review per entity is expected.
Task 4.3. Public Draft EIR, Notice of Completion and Notice of Availability of Draft EIR Public Draft EIR. EPD will incorporate modifications to the Screencheck Draft EIR based on the specific comments received from the City of Lake Elsinore and prepare a Draft EIR for public review. Exhibits and graphics will be used to describe, evaluate, and analyze information within the document. Included as appendices to the Draft EIR will be the NOP, comments received on the NOP, technical studies prepared for the project, and any necessary text changes to plans or ordinances.
Prior to release, EPD will submit to the City of Lake Elsinore a PDF of the “print-ready” Draft EIR for final review and comment. Minimal comments are expected at this stage. Hard copies of the EIR, as well as CDs will be distributed as needed.
Notice of Completion and Notice of Availability of Draft EIR. With release of the Draft EIR, EPD will prepare and submit a NOC to the State Clearinghouse. A Notice of Availability will also be prepared and distributed by EPD to reviewing agencies, interested parties, and the project vicinity. Upon City of Lake Elsinore approval, EPD will coordinate the submission of the Draft EIR and the NOC to the State Clearinghouse and the County clerk.
TASK 5. FINAL EIR
Task 5.1. Response to Comments
EPD will respond to comments received on the Draft EIR during the 45-day public review period. EPD will prepare thorough, reasoned, and sensitive responses to relevant environmental issues. Regular communication will occur with City of Lake Elsinore staff to ensure that responses are accurate and thorough. As appropriate, “global responses” will be prepared and placed near the front of the responses to comments. These global responses will reduce the need to duplicate responses to repetitive comments.
Once the comment period has closed, EPD will finalize the Responses to Comments section and submit an Administrative Draft to the City of Lake Elsinore and the applicant team for review. This scope of work assumes no more than 100 hours of staff time are necessary to draft responses to public comments received on the substance and technical adequacy of the Draft EIR.
The estimated budget is based on professional staff hours, not the number of individual comments, and assumes that no new or additional modeling, technical studies or surveys will be required to complete adequate responses. Modification to the scope of work, budget, and time frame may be necessary if excessive comments received from agencies, or the public require substantially more time, additional April 30, 2026 - Dreamline at Lake Elsinore CEQA - Page 11 modeling, and/or research. Should this situation become apparent, we will discuss this concern with the City of Lake Elsinore and shall seek and obtain written approval before such costs are incurred. Regular communication will occur with City of Lake Elsinore staff to ensure that responses are accurate and thorough.
Task 5.2. Final EIR
This task will include the completion of any required minor revisions and/or errata to the Draft EIR and technical studies based on comments received during public circulation. Revisions will be completed with clear strikeout and underline revisions and included in an errata section of the Final EIR. One round of review of the Final EIR is assumed, with separate comments from the City of Lake Elsinore, and the applicant if appropriate.
Based on comments to the Administrative Draft Responses to Comments, EPD will finalize the Responses to Comments section, including revisions to the Draft EIR. The Final EIR and Responses to Comments will be distributed to all parties who submitted comments; each party will receive a notice with an electronic link to the Final EIR document posted on the City of Lake Elsinore website. The Final EIR must be released at least 10 days before any public hearings.
Task 5.3. Findings of Fact and Statement of Overriding Considerations In accordance with Sections 15091 and 15093 of the State CEQA Guidelines, the EPD team in collaboration with the City and the project team, will draft the Findings of Fact for the proposed project, and Statement of Overriding Considerations (SOC), if deemed necessary. The EPD team will use a format approved by the City of Lake Elsinore and will submit the draft prior to Planning Commission meetings. EPD will submit the Draft Findings and SOC for City of Lake Elsinore review and will respond to one (1) consolidated set of City of Lake Elsinore /project team comments.
Task 5.4. Mitigation Monitoring and Reporting Program (MMRP) A Mitigation Monitoring and Reporting Program (MMRP) will be prepared pursuant to Section 21081.6 of the Public Resources Code. It will be presented in standard City of Lake Elsinore format and will identify the significant impacts that would result from the project, proposed mitigation measures for each impact, the time at which each measure will need to be conducted, the entity responsible for implementing the mitigation measure, and the City of Lake Elsinore department or other agency responsible for monitoring the mitigation effort and ensuring its success. A draft MMRP will be prepared and will be incorporated into the Final EIR that is prepared for City Council certification.
Task 5.5. Notice of Determination
If the project is approved, EPD will prepare a Notice of Determination (NOD) for filing with the County Clerk and submission to the State Clearinghouse.
April 30, 2026 - Dreamline at Lake Elsinore CEQA - Page 12 TASK 6. MEETINGS AND PUBLIC HEARINGS
Task 6.1. Meetings
To effectively manage the costs of the project, EPD will attend half-hour bi-weekly conference calls (briefings) to update the City and Applicant on upcoming deliverables and discuss any potential issues that may impact the scope of work for the approximately 14-month duration of the project. EPD will draft agendas in advance of these meetings and deliver minutes via email to the entire project team. The minutes will identify action items and the responsible party to implement said action item. In addition to standing meetings, EPD will be available to the City staff to answer questions, address concerns, or to clarify issues as they arise. If the CEQA schedule extends beyond 14 months, an additional budget will likely be required.
Task 6.2. Public Hearings
EPD will attend public hearings held for the proposed Project. These hearings are anticipated to include two (2) Planning Commission hearing and two (2) City Council hearing. The EPD Project Manager will be prepared to answer technical questions related to the EIR and relevant comments on the CEQA Document raised during the public hearing meetings. The budget for this task includes approximately 6 hours for the Project Manager for each meeting.
TASK 7. CEQA PROJECT MANAGEMENT AND COORDINATION
EPD’s CEQA project manager will coordinate closely with the project team and City of Lake Elsinore staff to ensure that the CEQA document and associated documents delivered to the City of Lake Elsinore are legally defensible, accurate, and useful to decision makers considering the approval of the project. The project manager will also coordinate with City of Lake Elsinore staff throughout the process not only to streamline the CEQA process, but to avoid or anticipate any changes that could result in delays.
The project manager will be the key contact for the project team and City of Lake Elsinore, and will be responsible for managing (1) CEQA document task scheduling and assignment, management of resources, monitoring of costs, and schedule adherence; (2) consultation and coordination with local and state agencies relative to the environmental document and the environmental review process; (3) coordination and communications with the project team and City of Lake Elsinore staff to ensure that their policies, procedures, and any applicable codes are complied with and, where applicable, are incorporated into the CEQA document; and (4) ensuring that the environmental review process and the CEQA document satisfy the statutes and guidelines of CEQA and CEQA procedures.
This scope of work assumes ongoing project management at an estimated 1 hour/week for the Project Manager and 1 hours/month for the principal-in-charge for the duration of the schedule as estimated in this proposal, excluding public review periods.
April 30, 2026 - Dreamline at Lake Elsinore CEQA - Page 13
PROPOSED BUDGET
Proposed Scope of Work:
EPD Solutions, Inc. will perform its professional services in the manner identified in the Scope of Services for the identified fixed fees and budgeted items, excluding direct expenses. Services provided on a time and materials basis or additional services will be charged based on the hourly billing rates in the attached EPD Schedule of Fees.
Task # Tasks Fee Type Fee
1. Project Initiation
1.1 Project Kickoff Meeting Fixed Fee $1,495
1.2 Project Description Fixed Fee $7,210
2. Review of Existing Technical Studies Fixed Fee $8,640
3. Notice of Preparation and Scoping Meeting
3.1 Notice of Preparation Fixed Fee $7,110
3.2 Scoping Meeting Not to Exceed $5,250
4. Draft EIR
4.1 Administrative Draft EIR Fixed Fee $121,200
4.2 Screencheck Draft EIR Fixed Fee $22,980
4.3 Public Draft EIR, Notice of Completion and Notice of Availability of Draft EIR Fixed Fee $12,880
5. Final EIR
5.1 Response to Comments Not to Exceed $26,300
5.2 Final EIR Fixed Fee $2,400
5.3 Findings of Fact and Statement of Overriding
Considerations Fixed Fee $15,600
5.4 Mitigation Monitoring and Reporting Program (MMRP) Fixed Fee $3,340
5.5 Notice of Determination Fixed Fee $1,585
6. Meetings and Public Hearings
6.1 Meetings Not to Exceed $8,700
6.2 Public Hearings Not to Exceed $24,900
7. CEQA Project Management and Coordination Not to Exceed $22,490 Estimated Expenses Not to Exceed $10,000
Subtotal without Contingency $302,080
Contingency (10%) Not to Exceed $30,200
TOTAL with Contingency $332,280
April 30, 2026 - Dreamline at Lake Elsinore CEQA - Page 14
ASSUMPTIONS
Our cost estimate provided is based on the outlined scope of services, the anticipated schedule, and the following assumptions:
• Validity Period: The cost estimate is valid for up to 60 days from the date of submittal. After this period, the estimate may be subject to revision.
• Task Budget: Costs have been allocated to individual tasks to determine the total project budget.
A “Not to Exceed” dollar amount is provided for each task, except where explicitly indicated as a “Fixed Fee.”
• Additional Meetings or Work: If additional meetings, site visits, or services beyond those described in the scope of work are requested or required, amendment `of the budget such as a change order will be necessary to cover such additional work. • Expense Budget: If an estimated reimbursable expense budget is included, it covers direct project expenses such as mileage, reprographics and deliveries to the agency. Agency fees are not included in the budget.
• Document Review/Revisions: The scope of work assumes a limited number of review cycles of administrative draft versions. Additional review cycles/versions beyond the stated assumptions will be additional work and will constitute additional work, requiring a budget amendment. • Budget Reallocation: At EPD’s sole discretion, we reserve the right to reallocate costs among tasks, as needed, provided the total budget is not exceeded. Any unexpended budget will be invoiced in the final invoice.
• Subconsultant Substitutions: EPD reserves the right to substitute subconsultants at its sole discretion if necessary.
• Project Delays: If a delay of 90 days or more occurs due to circumstances beyond our control after project initiation, EPD reserves the right to adjust our budget to account for additional project management needs, updated labor rates, and other related costs.
Thank you again for your consideration and interest in EPD Solutions, Inc. If this proposal and Provision of Agreement are acceptable, please return a signed copy to us prior to the start of work. Should you have any questions, please do not hesitate to contact the EPD Contracts Team at [email protected] or (949) 794-1180.
AGREED AND ACCEPTED
Provider:
EPD Solutions, Inc.
Client:
City of Lake Elsinore
Signature: ___________________________ Signature: _________________________ Name: ______________________ ____ Name: ____________________________ Title: ___________________________ __ Title: _____________________________ Date: ___________________________ ___ Date: _____________________________ Billing Contact: _____________________
Billing Email: _______________________
Jeremy Krout
President/CEO
4/30/2026
April 30, 2026 - Dreamline at Lake Elsinore CEQA - Page 15
PROVISIONS OF AGREEMENT
City of Lake Elsinore (“Client”) and Environment Planning Development Solutions, Inc. (“Consultant”) agree that the following Provisions of Agreement (“Provisions”) shall be part of the agreement to Client dated April 30, 2026 for the services described therein (“Project”) to which these Provisions are attached and both shall be considered and constitute the “Agreement” referenced herein.
I. MUTUAL RESPONSIBILITIES:
1. Client and Consultant agree to cooperate with each other in order to fulfill their responsibilities and obligations under this Agreement. Both Client and Consultant shall endeavor to maintain good working relationships among members of the project team.
2. Ownership of Instruments of Service: All documents prepared or furnished by Consultant pursuant to this Agreement are Consultant’s Instruments of Service, have been prepared for use solely with respect to this Project, and Consultant shall retain an ownership and property interest therein. Consultant grants Client a license to use Consultant’s Instruments of Service for the purpose of constructing, occupying and maintaining the Project. Reuse or modification of any such documents by Client, without Consultant’s written permission, shall be at Client’s sole risk, and Client agrees to indemnify and hold Consultant harmless from all claims, damages and expenses, including attorneys’ fees, arising out of such reuse by Client or by others acting through Client.
Client acknowledges that Consultant’s Instruments of Service may be stored and delivered to Client and others in electronic files (“Data”), and that anomalies and errors can be introduced into the Data when it is transferred or used in conjunction with incompatible computer equipment or software. Consultant’s Data is being furnished "as is" and Consultant shall have no duty to modify or update the Data unless a part of the approved Project. Consultant reserves the right to retain an archival paper or electronic copy of the Data delivered to Client or the general contractor which shall be referred to and shall be conclusive proof and govern in all disputes over the form or content of the Data furnished by Consultant.
If Consultant is not paid in full for all its services, Client shall, upon demand, return Consultant and Consultant’s sub-consultants Instruments of Service and refrain from using Instruments of Service for any purpose whatsoever.
II. CONSULTANTS RESPONSIBILITIES:
1. Consultant will perform its professional services in the manner identified in the Agreement for the identified fixed fees and budgeted items, excluding direct expenses. Services provided on a time and materials basis or additional services will be charged based on the following hourly billing rates:
April 30, 2026 - Dreamline at Lake Elsinore CEQA - Page 16 List of Standard Hourly Rates
Position Level Hourly Rate
President; Principal; Sr. Vice President; Vice President $350 - $425 Principal Planner; Director; Sr. Director $265 - $350
Senior Project Manager; Senior Planner; Senior Engineer $225 - $285 Project Manager; Associate II and III Planner; Associate Engineer; Sr. Analyst $190 - $265 Junior Project Manager; Assistant Project Manager; Associate I Planner; Assistant Planner; GIS Specialist; Sr. Support Staff
$165 - $210
Analyst; Junior Engineer; Technical Editor; Sr. Project Coordinator $150 - $175 Project Coordinator; Drafter; Assistant Analyst; Biologist $135 - $165 Support Staff $100 - $150
Once the maximum fee is reached, Consultant will stop work unless Consultant and Client agree to increase the maximum fee amount or Client agrees to pay for additional services in accordance with Consultant's billing rates identified herein.
This rate schedule is subject to change due to the granting of wage increases and/or other employer benefits to field or office employees during the lifetime of this agreement.
2. Document printing and preparation may be billed directly to Client’s account at the printing company at no additional administrative cost. Consultant administrative cost at cost plus fifteen percent (15%) will be billed when under Consultant’s account. All other reimbursable expenditures will be invoiced at cost plus fifteen percent (15%) handling fee. Sub-consultant costs not covered under this Agreement will be billed at cost plus twenty-five percent (25%). Mileage will be billed at the standard Federal rate as provided under Internal Revenue code.
3. Standard of Care: Consultant’s services shall be provided consistent with and limited to the standard of care applicable to such services, which is that Consultant shall provide its services consistent with the professional skill and care ordinarily provided by members of the same profession practicing in the same or similar locality under the same or similar circumstances. Such standard of care is not a warranty or guarantee and Consultant shall have no such obligation.
4. This Agreement comprises the entire and integrated agreement between Client and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by an authorized representative of both Client and Consultant.
5. If any of the provisions of this Agreement shall be finally determined to be invalid or unenforceable in whole or in part, the remaining provisions hereof shall remain in full force and effect and be binding upon Client and Consultant hereto. Client and Consultant agree to reform this Agreement to replace any such invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the intention of the stricken provision.
6. If the scope of services includes Consultant's assistance in applying for governmental permits or approvals, Consultant's assistance shall not constitute a representation, warranty or guarantee that such permits or approvals will be acted upon favorably by any governmental agency.
7. Governing Law: The laws of the state in which the Project is located shall govern the validity and interpretation of this Agreement.
April 30, 2026 - Dreamline at Lake Elsinore CEQA - Page 17 Construction Observation: Consultant shall visit the project at intervals appropriate in the Consultant’s professional opinion, or as otherwise required by Client and agreed upon by Consultant, during construction to become generally familiar with the progress and quality of contractor’s work and to determine if the work is proceeding in general accordance with the Contract Documents. Client has not retained Consultant to make detailed inspections or to provide exhaustive or continuous project review and observation services. Consultant does not guarantee the performance of, and shall have no responsibility for, the acts or omissions of any contractor, subcontractor, supplier, or any other entity furnishing materials or performing any work on the project.
If Client desires more extensive project observation or full-time project representation, Client shall request such services be provided by Consultant as Additional Services in accordance with the terms of this Agreement.
It is agreed that Consultant’s services under this Agreement do not include project observation, review of contractor’s performance or any other construction phase services. Client assumes all responsibility for all construction phase services including, but not limited to:
a. Submittal review and approval
b. Contract document interpretation
c. Site observations
d. Change order review and approval
e. Review and approval of contractor payment applications f. Certificates of substantial and final completion
g. Preparation and disposition of punch lists
h. Responding to contractor requests for information
i. Administration of any operational and maintenance training including collection operational and training manuals
Client waives any claims against Consultant that may be in any way connected with Client’s decision not to retain Consultant to perform construction phase services. Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Consultant, its officers, directors, employees and sub-consultants (collectively, Consultant) against all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, arising out of or in any way connected with the performance of such services by other persons or entities and from any and all claims arising from modifications, clarifications, interpretations, adjustments or changes made to Contract Documents to reflect changed field or other conditions.
Client, Client’s contractors or subcontractors, or anyone for whom Client is legally liable shall assume full responsibility for the results of any changes made to the Contract Documents by persons other than Consultant during construction. Client agrees to waive any claims against Consultant and to release Consultant from any liability arising directly or indirectly from such changes.
Contract Documents Definition: The Contract Documents consist of the agreement, conditions of the contract (general, supplementary and other conditions), drawings, specifications, addenda issued prior to execution of the Agreement, other documents and modifications issued after execution of the Agreement.
April 30, 2026 - Dreamline at Lake Elsinore CEQA - Page 18
8. Jobsite Safety: Consultant shall not supervise, direct or have control over general contractor or its subcontractors, regardless of tier, any employee or agent thereof (hereinafter “Contractor”) work. Consultant shall not have authority over or responsibility for the construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the work of Contractor. Consultant does not guarantee the performance of the construction contract by Contractor and does not assume responsibility for Contractor’s failure to furnish and perform its work in accordance with the Construction Documents.
III. CLIENT’S RESPONSIBILITIES
1. Client acknowledges that its right to utilize reports and other documents of Consultant provided pursuant to this Agreement will continue only so long as Client is not in default, pursuant to the terms and conditions of this Agreement, and Client has performed all its obligations under this Agreement, including but not limited to payment for services rendered.
2. Client further agrees to waive all claims against Consultant resulting in any way from any unauthorized changes, use or reuse of the electronic files for any other project by anyone other than Consultant.
3. All fees and other charges due Consultant will be billed monthly and shall be due at the time of billing unless specified otherwise in this Agreement.
4. Consultant will provide Client with monthly invoices for services rendered and costs advanced.
Client agrees that all billings from Consultant to Client are correct and binding on Client unless Client, within ten (10) days from the date of receipt of such billing, notifies Consultant in writing of alleged inaccuracies, discrepancies, or errors in billing.
5. Client agrees to pay a monthly late payment charge, which will be the lesser of one and one-half percent (1-1/2%) per month or a monthly charge not to exceed the maximum legal rate, which will be applied to any unpaid balance commencing thirty (30) days after the date of the billing. If Client notes any inaccuracies, discrepancies, or errors in billing pursuant to Article III, late fees shall only apply beginning on the thirty-one (31) days after the inaccuracies, discrepancies, or errors have been corrected.
IV. OWNERSHIP AND USE OF DOCUMENTS AND DATA
1. Survival: Notwithstanding completion or termination of this Agreement for any reason, all rights, duties and obligations of the parties to this Agreement shall survive such completion or termination and remain in full force and effect until fulfilled hereunder and termination of this Agreement.
V. RISK ALLOCATION
1. Waiver of Consequential Damages: Notwithstanding any other provisions in this Agreement, Client and Consultant each waive any incidental, indirect or consequential damages against the other party arising out of or connected in any way to the Project or this Agreement.
Notwithstanding anything to the contrary set forth herein, the foregoing waiver shall not apply if the consequential damages are covered by Consultant’s insurance policy.
2. Indemnity: Consultant and Client each agrees to indemnify and hold harmless the other (Indemnitor and Indemnitee), and its respective principals, officers, directors, partners, employees, and any other entity or person for which Indemnitor and Indemnitee is legally liable, from and against any damages, losses, liabilities, judgments, settlements, expenses, and costs (including reasonable and necessary attorneys' fees, costs and expenses recoverable under April 30, 2026 - Dreamline at Lake Elsinore CEQA - Page 19 applicable law), that Indemnitee incurs as a result of third party claims, demands, actions, suits or matters connected therewith, to the extent caused by the negligent acts, errors or omissions, or willful misconduct of Indemnitor in the performance of services under this Agreement and any other entity or person for which the Indemnitor is legally liable. Indemnitor agrees use commercially reasonable efforts to obtain executed indemnity agreements with provisions identical to those set forth in this indemnity provision from each and every consultant it retains.
In no event shall the indemnification obligation extend beyond the date when the institution of legal or equitable proceedings for professional negligence would be barred by any applicable statute of repose or statute of limitations. Indemnitor is not obligated to indemnify and hold harmless Indemnitee for its active or sole negligence, or willful misconduct.
If the project is in California, notwithstanding the foregoing, if Indemnitor’s obligation to indemnify arises out of Indemnitor’s performance of services for the Project as a “design professional,” as that term is defined in California Civil Code Section 2782.8, Indemnitor’s indemnity obligation shall be limited in accordance with the provisions of Section 2782.8 as it was in effect as of the date of this Agreement.
If the project is not in California, Notwithstanding any language to the contrary in this Indemnity, Indemnitor shall only be required to reimburse Indemnitee for its reasonable defense fees, costs, and expenses in direct proportion to Indemnitor’s negligence on a percentage basis as ultimately determined by a court of competent jurisdiction and further, only to the extent such fees, costs, and expenses were directly attributable to Indemnitee’s defense of a suit based on Indemnitor’s actual negligence. Indemnitor is not obligated to indemnify the Indemnitee for Indemnitee's own negligence or willful misconduct.
3. Waiver of Personal Liability: It is intended by the parties to this Agreement that Consultant or its sub-consultant(s) services in connection with this Project shall not subject Consultant’s or its subconsultant(s) individual employees, officers or directors to any personal legal exposure for the risks associated with the Project or this Agreement, or any Addenda. Therefore, and notwithstanding anything to the contrary contained herein, Client agrees that as Client’s sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against Consultant, a California corporation or its incorporated sub-consultant(s), and not against any of Consultant or its sub-consultant(s) individual employees, officers or directors.
4. Consultant will be legally liable for only the services expressly undertaken pursuant to this Agreement, and not otherwise. Consultant will not be legally liable for the providing of, or the failure to provide other services, even if information from others is incorporated into Consultant's instruments of service for ease of reference or otherwise. Further, and without limitation, Consultant will not be responsible for delays or other matters beyond its reasonable control; for inaccurate information provided to it by Client or other reasonably reliable sources; for site conditions of which it was not informed; for hazardous materials or toxic substances at the Project site; for construction means, methods, techniques, sequences or procedures, including without limitation excavation, shoring, demolition or erection procedures or construction safety precautions and programs; for the timeliness or quality of contractor performance or for the failure of any contractor to perform work in accordance with the Project’s construction documents; or for actions or inaction of third parties including other consultants, utility companies and governmental or quasi-governmental agencies.
5. Limitation of Liability: To the extent permitted by law, the total liability, in the aggregate, of Consultant and its employees, officers, directors, members, partners, agents, and consultants, to Client, its subsidiary and/or affiliated companies and its respective employees, officers, directors, April 30, 2026 - Dreamline at Lake Elsinore CEQA - Page 20 members, partners, agents and anyone claiming by, through, or under Client, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of, resulting from or in any way related to Consultant’s services, the Project or this Agreement, or any addenda, from any cause or causes whatsoever, including but not limited to, negligence, strict liability, breach of express or implied contract or warranty shall not exceed a total amount of $50,000.
6. Certification: Consultant shall not be required to execute certificates, consents or reliance letters that would require knowledge, services or responsibilities beyond the scope of this Agreement, and shall not be required to sign any documents that would result in Consultant having to certify the existence of conditions whose existence Consultant cannot reasonably ascertain beyond its standard of care.
7. Unauthorized Changes to Plans: In the event Client, Client's contractors or subcontractors or anyone for whom Client is legally liable, makes or permits any changes to be made to any reports, plans, specifications or other construction documents prepared by Consultant without obtaining Consultant's prior written consent, Client agrees to waive any claim against Consultant and to release Consultant from any liability arising directly or indirectly from such changes. In addition, Client agrees (1) to the fullest extent permitted by law, to indemnify and hold harmless Consultant from any damages, liabilities or costs arising from such change, and (2) to include in any contracts for construction appropriate language that prohibits any contractor or subcontractors of any tier from making any changes or modifications to Consultant's construction documents without the prior written approval of Consultant and that further requires contractor to indemnify both Consultant and Client from any liability or cost arising from such changes made without such proper authorization.
VI. INSURANCE
1. Insurance: Consultant shall purchase business insurance as follows:
a. Professional Liability Insurance, with prior acts coverage sufficient to cover the services performed under this Agreement, and policy limits in an amount of $1,000,000 each claim and $2,000,000 annual policy period aggregate limit.
Consultant specifically agrees, pursuant to this Agreement, to waive any rights of recovery against Client because of any payment made to the extent coverage is provided by the policy. b. Commercial General Liability Insurance (ISO CG 0001 0413), or another equivalent occurrence-based policy form, including coverage for bodily injury and property damage liability arising out of premises, operations, completed operations, and products in addition to advertising injury and personal injury liability coverage with a per project limit of not less than $1,000,000 each occurrence and $2,000,000 general aggregate limit.
Consultant specifically agrees, pursuant to this Agreement, to the following:
i. Additional Insured Provision: Shall include Client and Client-designated additional insured(s), to the extent coverage is provided by the policy, caused in whole or in part by Consultant or those acting on Consultant’s behalf. Additional insured coverage shall be provided by a combination of the CG2010 0413 and CG2037 12 19 endorsements, or other comparable endorsement(s).
ii. Primary and Non-Contributory Provision: The insurance provided to Clientdesignated additional insured(s) is primary to other insurance, which covers such additional insured as a named insured, and will not share with that other insurance April 30, 2026 - Dreamline at Lake Elsinore CEQA - Page 21 to the extent coverage is provided by the policy. Primary and Non-contributory coverage shall be provided by CG2401 12 19, or other comparable endorsement. iii. Waiver of Subrogation Provision: The insurance provided shall waive any rights of recovery against Client-designated additional insured(s), because of any payment made to the extent coverage is provided by the policy. Waiver of Subrogation provision shall be provided by CG2404 12 19, or other comparable endorsement. c. Owned, Hired and Non-Owned Automobile Liability Insurance, with a limit of not less than $1,000,000 combined single limit for bodily injury and property damage liability arising out of the maintenance or use of any policy covered hired or non-owned automobile by Consultant or Consultant’s employees in the course of Consultant’s business.
Consultant specifically agrees, pursuant to this Agreement, to the following:
i. Additional Insured Provision: Shall include Client-designated additional insured(s), to the extent coverage is provided by the policy.
ii. Waiver of Subrogation Provision: The insurance provided shall waive any rights of recovery against Client-designated additional insured(s), because of any payment made to the extent coverage is provided by the policy.
d. Commercial Umbrella or Excess Liability Insurance (ISO CX or CU 00 01 04 13), or another equivalent occurrence-based policy form, on a follow form basis, with a limit of not less than $2,000,000 each occurrence and $2,000,000 general aggregate limit. Coverage shall be excess of commercial general liability, hired and non-owned automobile liability and employers’ liability with such coverage being concurrent with underlying insurance. e. Workers’ Compensation Insurance, covering Consultant’s employees in accordance with statutory requirements of all jurisdiction(s) in which Services are being performed and Employers’ Liability Insurance in an amount of:
Bodily Injury by Accident: $1,000,000 Each Accident
Bodily Injury by Disease: $1,000,000 Policy Limit
Bodily Injury by Disease: $1,000,000 Each Employee
Consultant specifically agrees, pursuant to this Agreement, to the following:
i. Waiver of Subrogation Provision: The insurance provided shall waive any rights of recovery against Client and other person(s) or organization(s) that Consultant is required by contract or agreement, because of any payment made to the extent coverage is provided by the policy. Waiver of subrogation provision shall be provided by WC 04 03 06 (Ed. 4-84) from the Workers’ Compensation Insurance Rating Bureau or WC 00 03 13 (Ed. 4-84) from the National Council on Compensation Insurance, or other comparable endorsement.
f. Certificates of Insurance: Prior to the commencement of this Agreement and upon the renewal of any of the insurance policies required hereunder, Consultant shall furnish certificates of insurance to Client as evidence of the insurance listed in Article VI.
2. Compliance with Code: Consultant shall exercise due and reasonable professional care in observing those federal, state, and local codes, standards, statutes, and regulations applicable at the time Consultant renders service. Notwithstanding the foregoing, Consultant has no responsibility for the discovery, presence, handling, removal, or disposal of, or exposure of April 30, 2026 - Dreamline at Lake Elsinore CEQA - Page 22 persons to, hazardous materials or toxic substances in any form at the Project site. It is understood, however, that various codes and regulations are subject to varying and sometimes contradictory interpretation. Consultant shall exercise its professional skill and care consistent with, and limited to, the generally accepted standard of care to provide a design that complies with such regulations and codes.
VII. DISPUTE RESOLUTION
1. Except as provided in subdivisions (b) and (c), in an effort to resolve any conflicts that arise during the design or construction of the project or following completion of the project, Client and Consultant agree that all disputes between them arising out of or relating to this Agreement shall first be submitted to nonbinding mediation before an agreed-upon mediator. Mediation shall take place within 60 days of a written demand for mediation, with costs shared equally by both parties, unless otherwise agreed. If mediation does not result in a resolution, either party may proceed with litigation or arbitration as permitted by law.
(b) Subdivision (a) shall not preclude or limit either party’s right to file an action in small claims court if the amount in dispute falls within the court’s jurisdiction. (c) Subdivision (a) shall not preclude or limit Consultant’s right to record a mechanic’s lien or other legal notice securing its right to payment, as permitted by applicable law.
2. Reliance on Information Provided by Others: Consultant shall be entitled to rely, without liability, on the completeness and accuracy of any and all information and data provided by Client, Client’s consultants and contractors, and information from public records, without the need for independent verification. Notwithstanding the foregoing, Consultant shall use its reasonable judgment and experience in determining whether such reliance is advisable.
Client will also require its consultants and contractors to promptly notify Client if its consultants or contractor(s) observes or becomes aware of faults or defects in documents prepared by Consultant and Client will provide prompt written notice to Consultant.
3. Assignment: Neither Consultant nor Client may assign its obligations, interests, or delegate its duties under this Agreement (including monies that are due or monies that may be due) without prior written permission of the other party, which consent shall not be unreasonably withheld.
4. Severability: If any of the provisions of this Agreement shall be finally determined to be invalid or unenforceable in whole or in part, the remaining provisions hereof shall remain in full force and effect and be binding upon Consultant and Client hereto. Consultant and Client agree to reform this Agreement to replace any such invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the intention of the stricken provision.
VIII. GENERAL PROVISIONS
1. Suspension of Services: Services may be suspended in the event of the following:
a. A substantial failure of performance by either party. b. Any Client’s payment is more than thirty (30) calendar days past due and Consultant shall have no liability to Client for delay or damage caused Client because of such suspension of services.
April 30, 2026 - Dreamline at Lake Elsinore CEQA - Page 23 c. Before resuming services, Client shall pay Consultant all sums due prior to such suspension and expenses incurred in the interruption and resumption of Consultant’s services.
Consultant’s fees for the remaining services and the time schedules shall be equitably adjusted.
d. If the Project is abandoned or suspended in whole or part for more than a cumulative ninety (90) calendar days or indefinitely postponed, either party may terminate this Agreement and Consultant shall be paid for all services provided.
e. If the Project is resumed after a delay of more than ninety (90) calendar days in the aggregate, Consultant shall be entitled to additional compensation for remobilization costs and the time schedules shall be equitably adjusted.
2. Termination: Either party may terminate this Agreement upon seven (7) working days' written notice to the other party, with or without cause. Said notice shall be deemed to be effective upon delivery to the other party. In the event of termination by Client, Consultant shall cease work at the time specified, or if no time is specified, at the end of the day on the day receipt of the notice.
Consultant shall be paid in full for services performed and expenses incurred to date as reasonably agreed upon by both parties.
3. Third-Party Beneficiaries: Client and Consultant agree that services performed by Consultant under this Agreement are solely for the benefit of Client, and are not intended by either Client or Consultant to benefit any other person or entity including, but not limited to, the Project contractor and/or any of its subcontractors. Any such benefit is purely incidental and such other person shall not be deemed a third-party beneficiary of this contract.
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Yu Tagai, City Engineer
Date: May 26, 2026
Subject: Final Maps TR 31593-2, TR 31593-3, TR 31593-4, TR 31593-5, and TR 31593, South Shore
Recommendation
Approve Final Tract Maps No. 31593-2, 31593-3, 31593-4, 31593-5, and 31593 subject to the City Engineer‘s acceptance as being true and correct; authorize the City Clerk to sign the maps and arrange for their recordation; and approve and authorize the City Manager to execute the construction agreements.
Background
The proposed Final Tract Maps No. 31593-2, 31593-3, 31593-4, 31593-5, and 31593 are located north of Camino Del Norte and east of Main Street. The maps are the remaining five (5) of the six phased project, where Final Tract Map No. 31593-1 was approved by Council on April 12, 2022.
Final Tract Map No. 31593-2 consists of 23.99 gross acres. Included are 64 residential lots, four (4) open space lots for HOA maintenance purposes, and four (4) lots dedicated for public street and utility purposes. Final Tract Map No. 31593-3 consists of 20.74 gross acres. Included are 74 residential lots, one (1) open space lot for HOA maintenance purposes, and four (4) lots dedicated for public street and utility purposes. Final Tract Map No. 31593-4 consists of 46.30
Tract Map 31593 South Shore
gross acres. Included are 116 residential lots, three (3) open space lots for HOA maintenance purposes, and five (5) lots dedicated for public street and utility purposes. Final Tract Map No. 31593-5 consists of 34.47 gross acres. Included are 109 residential lots, two (2) open space lots for HOA maintenance purposes, and seven (7) lots dedicated for public street and utility purposes.
Final Tract Map No. 31593 consists of 28.20 gross acres. Included are 71 residential lots, six (6) open space lots for HOA maintenance purposes, and six (6) lots dedicated for public street and utility purposes. In total, there will be 434 residential lots within the five (5) tract maps. The average residential lot size is 8,000 square feet with the smallest and largest parcels being 6,000 and 15,127 square feet, respectively.
All future public improvements have been secured.
Discussion
Per the Subdivision Map Act Section 66474.1, the final tract maps have been reviewed and determined to substantially conform to the previously approved Tentative Tract Map No. 31593.
All Conditions of Approval relative to the final map approval have been completed.
Fiscal Impact
Public improvements are to be constructed by the developer. The surety posted will be sufficient for the City to complete the construction if needed. Staff time was utilized to prepare the documents.
Attachments
Attachment 1 – Final Index Map of TR 31593-2
Attachment 2 – Final Index Map of TR 31593-3
Attachment 3 – Final Index Map of TR 31593-4
Attachment 4 – Final Index Map of TR 31593-5
Attachment 5 – Final Index Map of TR 31593
Attachment 6 – Vicinity Map
Attachment 7 – Construction Agreements
VICINITY MAP
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Dustin Reed, Fire Chief
Date: May 26, 2026
Subject: Agreement with the California Department of Forestry and Fire for Wildland Protection Services
Recommendation
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE FOR WILDLAND PROTECTION SERVICES FOR FISCAL YEAR 2026- 2027.
Background
Since 2013, the City of Lake Elsinore has entered into an agreement with the California Department of Forestry and Fire (CALFIRE) for wildland protection service to protect the City from unfunded liabilities in the event of a wildland fire within the City that is not covered by an MTZ (Mutual Threat Zone). These costs are for CALFIRE or other resources that may be needed to control a wildland fire, including aircraft, crews, dozers, engines, and logistics. These costs could easily reach tens of thousands of dollars to hundreds of thousands of dollars per day.
Under the agreement, CALFIRE treats the area covered by the agreement and areas in the MTZ as State Responsibility Area (SRA) lands. (This is virtually all the Wildland Urban Interface Area in the City). As such, CALFIRE would bear the cost of suppressing wildland fires in these areas using any needed resources to accomplish this task. The City would only expend its budgeted cost annually to maintain this agreement with CALFIRE. The City last renewed this agreement in 2025 for the fiscal year 2025-2026.
Fire Services Cooperative Agreement
Discussion
The proposed agreement for wildland protection services is for the fiscal year 2026-2027. The cost is based on what the State currently pays to protect its SRA. The current cost per acre is approximately $47.55, plus a 12.10% administrative charge. The cost per acre is reviewed and adjusted annually. The area covered by the agreement can also be adjusted to reflect build-up or annexations. The City of Lake Elsinore is responsible for protecting life, property, and wildland areas comprising 1,689 acres of land (as shown in the agreement). Therefore, the agreement is for a total cost of $90,029.70. Staff believes this agreement is a cost-effective way for the City of Lake Elsinore to protect itself from potentially crippling unbudgeted expenses from wildland fires and provide a fiscally prudent level of protection to our citizens and natural resources.
Fiscal Impact
The proposed agreement is included in the Fiscal Year 2026-2027 budget.
Attachments
Attachment 1 – Resolution
Attachment 2 – Reimbursement Agreement
Attachment 3 – Budget Plan
Attachment 4 – Topographic Map
Attachment 5 – Operating Plan
RESOLUTION NO. 2026 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING THE CALIFORNIA DEPARTMENT OF FORESTRY
AND FIRE AGREEMENT FOR WILDLAND PROTECTION SERVICES FOR T H E FISCAL YEAR 2026-2027.
Whereas, the City of Lake Elsinore is responsible for the protection of life, property, and wildland areas comprising of 1,689 acres of land; and,
Whereas, the City Council (Council) approved an initial agreement with the California Department of Forestry and Fire Protection (CALFIRE) in 2013 for wildland protection services; and, Whereas, the Council approved the renewal of said Agreement in 2014 for Fiscal Years 2014- 2015.
Whereas, the Council approved the renewal of said Agreement in 2015 for Fiscal Years 2015- 2016.
Whereas, the Council approved the renewal of said Agreement in 2016 for Fiscal Years 2016- 2017.
Whereas, the Council approved the renewal of said Agreement in 2017 for Fiscal Years 2017- 2018.
Whereas, the Council approved the renewal of said Agreement in 2018 for Fiscal Years 2018- 2019.
Whereas, the Council approved the renewal of said Agreement in 2019 for Fiscal Years 2019- 2020.
Whereas, the Council approved the renewal of said Agreement in 2020 for Fiscal Years 2020- 2021.
Whereas, the Council approved the renewal of said Agreement in 2021 for Fiscal Years 2021- 2022.
Whereas, the Council approved the renewal of said Agreement in 2022 for Fiscal Years 2022- 2023.
Whereas, the Council approved the renewal of said Agreement in 2023 for Fiscal Years 2023- 2024.
Whereas, the Council approved the renewal of said Agreement in 2023 for Fiscal Years 2024- 2025.
Whereas, the Council approved the renewal of said Agreement in 2023 for Fiscal Years 2025- 2026.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Council hereby approves the agreement with CALFIRE for wildland protection services from July 2026 through June 2027.
Section 2. The Council hereby authorizes the City Manager to execute the agreement, subject to minor modifications as approved by the City Attorney.
CC Reso No. 2026
2 of 3
Section 3. This Resolution shall take effect immediately upon its adoption.
Section 4. The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.
Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 26th day of May 2026.
Robert E. Magee
Mayor
Attest:
Candice Alvarez
City Clerk
CC Reso No. 2026 -
3 of 3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2026-____ was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of May 26, 2026 and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA
COOPERATIVE FIRE PROGRAMS
LOCAL RESPONSIBILITY AREA WILDLAND PROTECTION
REIMBURSEMENT AGREEMENT
LG-W REV 8/2024
AGREEMENT NUMBER 3CA07799
REGISTRATION NUMBER:
1. This Agreement is entered into between the State Agency and the Local Agency named below:
STATE AGENCY'S NAME
California Department of Forestry and Fire Protection - (CAL FIRE)
LOCAL AGENCY'S NAME
City of Lake Elsinore
2. The term of this Agreement is: July 1, 2026
3. The maximum amount of this Agreement is: $ 90,029.70 through June 30, 2027
Ninety thousand,twenty-nine dollars and seventy cents
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.
2 pages
2 pages
Exhibit A- Scope of Work - Includes page 2 (contact page) in count for Exhibit A Exhibit B - Budget Detail and Payment Provisions
Exhibit C* - General Terms and Conditions; DGS GTC Version: 02/2025 Exhibit D - Special Terms and Conditions (Attached hereto as part of this Agreement) Exhibit E - Additional Provisions
0 pages
1 pages
13 pages
*Items shown with an Asterisk ("). are hereby incorporated by reference and made part of this Agreement as if attached hereto.
General Terms and Conditions can be viewed at: http://www.dgs.ca.gov/ols IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
LOCAL AGENCY California Department of General
Services Use Only
DATE SIGNED(Oo not type)
LOCAL AGENCY'S NAME
City of Lake Elsinore
BY (Authorized Signature)
�
PRINTED NAME AND TITLE OF PERSON SIGNING
Jason Simpson, City Manager
ADDRESS
130 S. Main Street, lake Elsinore, CA 92530
STATE OF CALIFORNIA
AGENCY NAME
California Department of Forestry and Fire Protection
BY (Authorized Signature) DATE SIGNED(Oo not type)
�
PRINTED NAME AND TITLE OF PERSON SIGNING
Matthew Sully, Deputy Director, Cooperative Fire Protection ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460
Contract Name: City of Lake Elsinore
Contract # 3CA07799
Wildland Operating Plan
Between
City Of Lake Elsinore
and
CAL FIRE
Riverside Unit
2. PLAN objectives are being met.
3. PLAN is achieving desired results
8. APPROVAL:
Contract Name: City of Lake Elsinore
Contract# 3CA07799
Page: 117
This PLAN is approved and authorized as Exhibit B Attachment 3 of the AGREEMENT between CAL FIRE and CITY:
FOR CAL FIRE:
California Department of Forestry
& Fire Protection
Riverside Unit
210 W. San Jacinto Ave.
Perris, CA 92570
Robert M. Fish, Unit Chief
FOR City of Lake Elsinore:
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
Jason Simpson, City Manager
Contract Name: City of Lake Elsinore
Contract # 3CA07799
Pa g c: I 18
PREPLANNED INITIAL ATTACK RESPONSE
CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION
City of Lake Elsinore WILDLAND FIRE PROTECTION AGREEMENT Dozer Engines
Low 0 3
Med 2 4
High 2 7
Station Proximity 1
1. Battalion 15 CAL FIRE/RVC
2. Battalion 2 CAL FIRE/RVC
3. Battalion 13 CAL FIRE/RVC
Hand Crews
1. Rainbow
2. Bautista
3. Oak Glen
Chief Hand Air
Officer Crews Copter Attack
1 0 0 0
2 2 1 1
2 4 1 1
Air Attack
1. Hemet-Ryan
2. Ramona
Bulldozers
1. Temecula
2. Clark Training Center
3. San Jacinto
Copters
1. Hemet-Ryan
2. Keenwild
3. Prado
4. Heaps
APPENDIX B-1
1 Depends upon the actual location of the incident
Air
Tanker
0 2
2
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Rick De Santiago, Public Works Manager
Date: May 26, 2026
Subject: Amendment No. 1 to the Agreement with UniFirst for Employee Uniforms, Shop Towels, and Logo Mat Services
Recommendation
Approve and authorize the City Manager to execute Amendment No. 1 to the Contractor Services Agreement with Unifirst for the employee uniforms, shop towels, and logo mat services and increase annual compensation by an additional $4,331 for a total amount not to exceed $30,126.64 in such final form as approved by the City Attorney.
Background
The Public Works Department provides uniform services to employees. The City has contracted with UniFirst to provide uniform rental, shop towels services, and entry floor mats. The department’s staff has grown over the past year. As a result, these services are needed to maintain adequate inventory and service levels.
Discussion
Amendment No. 1 is requested for additional compensation to cover the expenses associated with these services. The average weekly invoice amount is between $703.00 and $723.00, and additional funding is necessary to cover unanticipated expenses for the remainder of the fiscal year.
Fiscal Impact
Funds are available in the City’s FY26-27 Annual Operating Budget.
Amendment No. 1 with UniFirst
Attachments
Attachment 1 – Amendment No. 1
Attachment 2- Original Agreement
AMENDMENT NO. 1
TO AGREEMENT FOR CONTRACTOR SERVICES
UniFirst
Employee Uniforms, Shop Towels and Logo Mat Services
This Amendment No. 1 to Agreement for Contractor Services is made and entered into as of 5/12/2026, by and between the City of Lake Elsinore, a municipal corporation (“City), and UniFirst, a Corporation (“Contractor”).
RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of 4/22/2025, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
B. The Original Agreement provided for compensation to Contractor in an amount of Twenty-Five Thousand Seven Hundred Ninety-Five dollars and Sixty-Four ($25,795.64).
C. The Original Agreement had a term of commencing April 22, 2025, and ending June 30, 2026, and allows the City to extend the term on a 12-month basis, not to exceed two (2) additional 12-month renewals.
D. The parties now desire to increase the payment for such services as set forth in this Amendment No 1.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows:
1. Section 2, Compensation, of the Original Agreement is hereby amended to add the following:
Notwithstanding the foregoing, for purposes of Amendment No. 1 and the term thereof, compensation to be paid to Contractor shall be in accordance with the Schedule of Charges set forth in Contractor’s Proposal (Exhibit A). In no event shall Contractor’s annual compensation related to Exhibit A exceed Thirty Thousand One Hundred Twenty-Six dollars and Sixty-Four cents ($30,126.64) without additional written authorization from the City Council.
2. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
UniFirst, a Corporation
City Manager
Date:
Jorge Flores, General Manager
Date: __
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
EXHIBIT A-1
CONTRACTOR ’S PROPOSAL
[ATTACHED]
AGREEMENT FOR CONTRACTOR SERVICES
UniFirst
Employee Uniforms, Shop Towels and Logo Mat Services
This Agreement for Contractor Services (the “Agreement”) is made and entered into as of April 22, 2025, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and UniFirst, a Corporation ("Contractor").
RECITALS
A. The City has determined that it requires the following Contractor services:
Employee uniforms, shop towels and logo mat services.
B. Contractor has submitted to City a proposal, dated March 18, 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
and effect for a period commencing on April 22, 2025 and ending June 30, 2026. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.
Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City.
3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed Twenty-Five Thousand Seven Hundred Ninety-Five dollars and Sixty-Four cents ($25,795.64) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Contractor’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Contractor’s prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same. Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.
7. Plans, 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 in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City’s name or insignia, photographs relating to project for which Contractor’s services are rendered, or any publicity pertaining to the Contractor’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
8. Contractor’s Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor’s representatives, or Contractor’s successor-in-interest.
9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Contractor as provided in the Agreement, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall
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.
15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
16. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub Contractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: UniFirst
Attn: Jorge Flores
700 S. Etiwanda Ave. Suite C
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.
20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
22. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.
Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) 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. 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]
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”
UniFirst, a Corporation
By: Jorge Flores
Its: General Manager
Attachments: Exhibit A – Contractor’s Proposal
Exhibit B – List of Subcontractors
EXHIBIT A
EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
Uniform Service Proposal For
UniFirst Item Total Weekly Unit Weekly
Code Description Inventory Qty Rate Total
UL0344 3x5 LOGO Mat 12 6 3.50 $ 21.00 $
802310 Shop Towels 400 200 0.06 $ 12.00 $
Towel Replacement 1 1 2.34 $ 2.34 $
Field Workers $ - 08EM Airflow Shirt- 11 each 297 297 0.50 $ 148.50 $ 10MY Work Pant- 11 each 297 297 0.49 $ 145.53 $
04MM Polos- 2 each 54 54 0.16 $ 8.64 $
Supervisors/Leads $ - 04MM Polos- 11 each 66 66 0.16 $ 10.56 $ 10JJ Jeans- 11 each 66 66 0.37 $ 24.42 $
8950 Soil Locker 2 2 - $ - $
9075 Laundry Bag 2 2 - $ - $
Ongoing Prep 780 780 0.04 $ 31.20 $
Ongoing Emblem 297 297 0.04 $ 11.88 $
Garment Maintenance 660 660 0.10 $ 66.00 $
DEFE (Delivery, Env, Fuel, Energy) 1 1 14.00 $ 14.00 $
$ 496.07
March 18, 2025
City of Lake Elsinore 700 S. Etiwanda Ave Suite C Ontario, CA 91761 Weekly Rental
Proposed pricing effective for 30 days from date at top of page $25,795.64 Yearly Spend
ONE TIME CHARGES FOR NEW EMPLOYEES (WAIVED)
COMPANY LOGO EMBLEM 3.00 $
INDIVIDUAL NAME EMBLEM 2.00 $
GARMENT PREP CHARGE 1.00 $
Full Rental Services Include:
> Garments repaired at No Additional Charge.
> Worn garments replaced with NEW at No Replacement Charge. > Guaranteed 24-Hour Response to All Customer Service Inquiries. > Quarterly Customer Satisfaction Audits.
> UniFirst Written Guarantee Service Promise
> No Hidden Charges
Thank you for the opportunity to earn your business!
> Sizing with sample garments to assure a comfortable fit. > Garments inspected weekly for items in need of repair or replacement.
UniFirst Sales Rep
Melissa Uribe
714-331-0295
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC # NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS: PRODUCER
(A/C, No, Ext): PHONE
INSURED
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.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$ N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS
NON-OWNED
OWNED SCHEDULED
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 EROTH- STATUTE
PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFF
LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $
DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)
© 1988-2016 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
Willis Towers Watson Northeast, Inc.
c/o 26 Century Blvd
P.O. Box 305191
Nashville, TN 372305191 USA
UniFirst Corporation and its Subsidiaries
68 Jonspin Road
Wilmington, MA 01887
Division/Location: 325
SEE ATTACHED
City of Lake Elsinore
Attn: Carla Khalil
130 S Main Street
Lake Elsinore, CA 92530
03/20/2025
1-877-945-7378 1-888-467-2378
[email protected]
Hartford Fire Insurance Company 19682
Sentinel Insurance Company Ltd
Hartford Casualty Insurance Company
11000
29424
Twin City Fire Insurance Company 29459
W38194248
A
2,000,000
1,000,000
Contractual 5,000
Per Loc Aggregate $2M 2,000,000
20,000,000
4,000,000
08CSES91303 10/01/2024 10/01/2025
A
5,000,000
08CSES91304 10/01/2024 10/01/2025
08WNS91300
B 2,000,000
No 10/01/2024 10/01/2025 2,000,000
2,000,000
C Workers Compensation and
Employers Liability
08XWES91302 10/01/2024 10/01/2025 EL Each Accident
EL Disease -Pol Limit
Per Statute EL Disease - Each Emp
SR ID: 27468757 BATCH: 3885032
$1,000,000
$1,000,000
$1,000,000
WTW Certificate Center
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:
LOC #: AGENCY CARRIER NAIC CODE
POLICY NUMBER
NAMED INSURED
EFFECTIVE DATE: UniFirst Corporation and its Subsidiaries 68 Jonspin Road
Wilmington, MA 01887
INSURER AFFORDING COVERAGE: Twin City Fire Insurance Company NAIC#: 29459 POLICY NUMBER: 08WBRS91301 EFF DATE: 10/01/2024 EXP DATE: 10/01/2025 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT:
Workers Compensation and EL Each Accident $2,000,000
Employers Liability EL Disease -Pol Limit $2,000,000
Per Statute EL Disease - Each Emp $2,000,000
2 2
Willis Towers Watson Northeast, Inc.
See Page 1
See Page 1 See Page 1 See Page 1
25 Certificate of Liability Insurance
SR ID: 27468757 BATCH: 3885032 CERT: W38194248
CITY OF LAKE ELSINORE
TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:
Business Location:
Owner Name(s):
BUSINESS LICENSE NO.
Issue Date:
Description:
Expiration Date:
BUSINESS LICENSE
THIS IS YOUR LICENSE NOT TRANSFERABLE
700 ETIWANDA AVE #C Business Type:
ONTARIO, CA 91761-8636
UNIFIRST CORPORATION
68 JONSPIN RD
WILMINGTON, MA 01887-1090
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
UNIFIRST CORPORATION
SERVICE/GENERAL-MISC.
INDUSTRIAL LAUNDRY & UNIFORM
SUPPLY
020213
2/1/2025 1/31/2026
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/
REPORT TO SUCCESSOR AGENCY
To: Honorable Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Candice Alvarez, MMC, City Clerk
Date: May 26, 2026
Subject: Minutes of the Regular Successor Agency Meeting of May 12, 2026 Recommendation
Approve the Minutes.
Attachments
Attachment 1 – Draft Minutes
City of Lake Elsinore Meeting Date:
City Council Meeting May 12, 2026
Minutes - Draft
Meeting Time:
Closed Session: 6:00 P.M.
Mayor Magee Open Session: 7:00 P.M.
Mayor Pro Tem Sheridan
Council Member Tisdale Cultural Center
Council Member Manos 183 N. Main Street
Council Member Carroll Lake Elsinore, CA 92530
1. CALL TO ORDER – 6:00 P.M.
The Regular Meeting of the City Council was called to order at 6:00 p.m.
2. ROLL CALL
Present: 4 - Council Members Tisdale and Carroll; Mayor Pro Tem Sheridan; and Mayor Magee
Absent: 1 - Council Member Manos
3. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
There were no speakers.
4. CITY COUNCIL CLOSED SESSION
4.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov’t Code Section 54956.8)
Property: APNs 374-263-002, -003, -005 and -006
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Li Li
Under negotiation: Price and terms of payment
4.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov’t Code Section 54956.8)
Property: APNs 374-263-001 and 373-153-017
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Diane Reynolds Under negotiation: Price and terms of payment
City Council Minutes - Draft May 12, 2026
City of Lake Elsinore Page 2
5. SUCCESSOR AGENCY CLOSED SESSION
5.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov’t Code Section 54956.8)
Property: APNs 373-210-040-0 and 373-210-042-2
Agency negotiator: Executive Director Simpson
Negotiating parties: Successor Agency of the Redevelopment Agency of the City of Lake Elsinore and Lake Elsinore Storm LP, a California limited partnership Under negotiation: Price and terms of payment
City Attorney Leibold announced that this item would not be discussed and would be placed on a future agenda.
6. RECESS
The City Council recessed into Closed Session at 6:01 p.m.
Council Member Manos arrived at 6:12 p.m.
7. RECONVENE/CALL TO ORDER - 7:00 P.M.
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.
8. PLEDGE OF ALLEGIANCE
Mayor Magee led the Pledge of Allegiance.
9. ROLL CALL
Present: 5 - Council/Agency Members Tisdale, Manos, and Carroll; Mayor Pro Tem/Vice Chair Sheridan; and Mayor/Chair Magee
Absent: 0 - None
10. CLOSED SESSION REPORT
City Attorney Leibold reported that the two City Council items were discussed; however, no reportable action was taken, and added that the Successor Agency item was not discussed and would be placed on a future agenda.
11. PRESENTATIONS/CEREMONIALS
11.2 CalFire 2026 First Quarter Statistical Update
Chief Reed presented the update.
12. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
Kimberly Davidson was called to speak.
City Council Minutes - Draft May 12, 2026
City of Lake Elsinore Page 3
Lauren Venerable was called to speak.
Sukhbir Singh Gill was called to speak.
11. PRESENTATIONS/CEREMONIALS (CONTINUED)
11.1 Public Works Week Proclamation
Present a Proclamation proclaiming the week of May 17-23, 2026, as "National Public Works Week” in the City of Lake Elsinore.
Mayor Magee presented the Proclamation to Public Works Manager DeSantiago.
13. CITY COUNCIL CONSENT CALENDAR
Moved by Council Member Manos, Seconded by Council Member Carroll to approve the City Council Consent Calendar. The motion carried by the following vote:
Yes (5): Council Members Tisdale, Manos, and Carroll; Mayor Pro Tem Sheridan; and Mayor Magee
Absent (0): None
Carried (5 to 0)
13.1 Minutes of the Regular City Council Meeting of April 28, 2026 Approve the Minutes.
This item was approved on the City Council Consent Calendar.
13.2 CC Warrant Report Dated April 06, 2026 to April 12, 2026 Receive and file.
This item was approved on the City Council Consent Calendar.
13.3 CC Warrant Report Dated April 13, 2026 to April 19, 2026 Receive and file.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft May 12, 2026
City of Lake Elsinore Page 4
13.4 Citywide Landscaping and Street Lighting District and the Landscaping and Street Lighting District No. 1 for the Fiscal Year 2026-27 Ordering the Preparation and Approval of Engineers’ Reports and Resolutions of Intention
1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ORDERING THE PREPARATION OF AN
ENGINEER’S REPORT FOR THE CITYWIDE LANDSCAPING AND STREET LIGHTING DISTRICT (CITYWIDE LLMD);
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE ENGINEER’S REPORT FOR THE CITYWIDE LLMD;
3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING COUNCIL’S INTENION TO
PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS
IN THE CITYWIDE LLMD AND SETTING A PUBLIC HEARING FOR JUNE 23, 2026;
4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ORDERING THE PREPARATION OF AN
ENGINEER’S REPORT FOR THE LANDSCAPING & STREET LIGHTING MAINTENANCE DISTRICT NO. 1 (LLMD NO. 1);
5. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE ENGINEER’S REPORT FOR THE LLMD NO. 1; and
6. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING COUNCIL’S INTENTION TO
PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN THE LLMD NO. 1 AND SETTING A PUBLIC HEARING FOR JUNE 23, 2026.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft May 12, 2026
City of Lake Elsinore Page 5
13.5 Calling the General Municipal Election for November 3, 2026, for City Council Districts 1, 3, and 4, and Requesting the Placement of a Ballot Measure to Change the Office of City Treasurer from Elective to Appointive
1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026, FOR THE ELECTION OF CITY COUNCIL MEMBERS IN DISTRICT 1 (FULL
FOUR◻YEAR TERM), DISTRICT 3 (FULL FOUR◻YEAR TERM), AND
DISTRICT 4 (TWO◻YEAR UNEXPIRED BALANCE OF TERM FORMERLY
HELD BY COUNCIL MEMBER NATASHA JOHNSON) AS REQUIRED BY
THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO
THE VOTERS A QUESTION RELATING TO WHETHER THE OFFICE OF
CITY TREASURER SHALL BE CHANGED FROM AN ELECTED OFFICE TO AN APPOINTED OFFICE, AND SETTING RELATED PROCEDURES;
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF RIVERSIDE TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026, WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE
PURSUANT TO § 10403 OF THE ELECTIONS CODE; and
3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES’ STATEMENTS
SUBMITTED TO THE VOTERS AT AN ELECTION (TO BE HELD ON
TUESDAY, NOVEMBER 3, 2026).
This item was approved on the City Council Consent Calendar.
13.6 Agreement with Dost Engineering for the Design of the Limited Street Sidewalk Improvements Project (CIP Project No. Z10109)
Approve and authorize the City Manager to execute a Professional Services Agreement with Dost Engineering in the amount of $83,360 for the design of the Limited Street Sidewalk Improvements Project 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 $8,336, and authorize the City Clerk to record the Notice of Completion once the work is complete.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft May 12, 2026
City of Lake Elsinore Page 6
13.7 Lake Elsinore Community Facilities District No. 2015-1 (Safety Services) Declaring Its Intention to Consider Annexing Territory Planning Application No. 2023-06 (PA No. 2023-06) Annexation No. 17
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE
ELSINORE (SAFETY SERVICES), DECLARING ITS INTENTION TO CONSIDER ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES).
This item was approved on the City Council Consent Calendar.
13.8 Annexation No. 32 Into Community Facilities District No. 2015-2 (Maintenance Services) for Assessor’s Parcel Number 379-315-033 (APN 379-315-033) (Riverside Drive 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. 32) AND
AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN.
This item was approved on the City Council Consent Calendar.
13.9 Agreement with Edmondson Construction Co. for the Lower Site Development Hardtop Surfaces for the Library Project (CIP Project No.
Z20003)
Approve and authorize the City Manager to execute an Agreement for Public Works Construction with Edmondson Construction Co. In an amount not to exceed $106,049.65 for the for the Lower Site Development Hardtop Surfaces for the Library Project (CIP Project No. Z20003) 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 $10,604.96 for construction uncertainties and adjustments, and authorize the City Clerk to record the Notice of Completion once the work is complete.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft May 12, 2026
City of Lake Elsinore Page 7
14. SUCCESSOR AGENCY CONSENT CALENDAR
Moved by Agency Member Tisdale, Seconded by Vice Chair Sheridan to approve the Successor Agency Consent Calendar. The motion carried by the following vote:
Yes (5): Agency Members Tisdale, Manos and Carroll; Vice Chair Sheridan; and Chair Magee
Absent (0): None
Carried (5 to 0)
14.1 Minutes of the Regular Successor Agency Meeting of April 28, 2026 Approve the Minutes.
This item was approved on the Successor Agency Consent Calendar.
14.2 SA Warrant Report Dated April 6, 2026 to April 12, 2026 Receive and file.
This item was approved on the Successor Agency Consent Calendar.
14.3 SA Warrant Report Dated April 13, 2026 to April 19, 2026 Receive and file.
This item was approved on the Successor Agency Consent Calendar.
15. PUBLIC HEARINGS
15.1 15.1 Planning Application No. 2021-19 (Rome Hill Commercial - TPM No. 39493) - A Request to Subdivide an Existing 6.77-acre Parcel into Two Parcels with One Letter Lot Located at the Corner of Grand Avenue and Kathryn Way
1. Find that the proposed subdivision is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15162 and 15315 (Class 15, Minor Land Divisions) since the proposed subdivision project would not have a significant effect on the environment and no new environmental documentation is necessary because all potentially significant effects have been adequately analyzed in a previously adopted Mitigated Negative Declaration (MND; SCH No. 2025090173); and
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 39493 TO SUBDIVIDE AN EXISTING 6.77-ACRE SITE INTO TWO PARCELS (2.19-ACRES AND 4.53-ACRES) AND ONE 0.05-ACRE LETTER LOT FOR THE ROME HILL COMMERCIAL PROJECT LOCATED AT APN 371-150-017.
The Public Hearing was opened at 7:18 p.m.
City Council Minutes - Draft May 12, 2026
City of Lake Elsinore Page 8
City Clerk Alvarez noted that no written requests were received.
Community Development Director Abraham presented the staff report.
There were no speakers.
The Public Hearing was closed at 7:21 p.m.
Moved by Mayor Pro Tem Sheridan, Seconded by Council Member Manos to approve staff’s recommendations. The motion carried by the following vote:
Yes (5): Council Members Tisdale, Manos, and Carroll; Mayor Pro Tem Sheridan; and Mayor Magee
Absent (0): None
Carried (5 to 0)
15.2 15.2 Request to Amend GC Global, LLC‘s Development Agreement to Revise the Community Benefit Fees
1. Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities); 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 THE DEVELOPMENT AGREEMENT AMENDMENT (DA-2026- 02) FOR GC GLOBAL, LLC LOCATED AT 31875 CORYDON ROAD, UNIT 140 (APN: 370-051-010).
The Public Hearing was opened at 7:22 p.m.
City Clerk Alvarez noted that no written requests were received.
Principal Planner Huynh presented the staff report.
There were no speakers.
The Public Hearing was closed at 7:24 p.m.
City Council Minutes - Draft May 12, 2026
City of Lake Elsinore Page 9
Moved by Council Member Tisdale, Seconded by Council Member Manos to approve staff’s recommendations and introduce the Ordinance. The motion carried by the following vote:
Yes (5): Council Members Tisdale, Manos, and Carroll; Mayor Pro Tem Sheridan; and Mayor Magee
Absent (0): None
Carried (5 to 0)
16. BUSINESS ITEM
16.1 Ordinance Regulating Electric Bicycles and Other Electric Transportation Devices
Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING TITLE 10, CHAPTER 10.54 OF THE LAKE ELSINORE MUNICIPAL CODE TO REGULATE
AND PROVIDE FOR EFFECTIVE ENFORCEMENT REGARDING ELECTRIC BICYCLES AND OTHER ELECTRIC TRANSPORTATION DEVICES.
City Attorney Leibold and Chief Boydd presented the staff report.
There were no speakers.
Moved by Mayor Pro Tem Sheridan, Seconded by Council Member Manos to introduce the Ordinance with an amendment to prohibit children under 16 years old from riding after dark. The motion carried by the following vote:
Yes (5): Council Members Tisdale, Manos, and Carroll; Mayor Pro Tem Sheridan; and Mayor Magee
Absent (0): None
Carried (5 to 0)
17. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
John Thornton was called to speak.
18. CITY MANAGER COMMENTS
City Manager Simpson had no comments.
19. CITY ATTORNEY COMMENTS
City Attorney Leibold had no comments.
City Council Minutes - Draft May 12, 2026
City of Lake Elsinore Page 10
20. CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED
Council Member Carroll encouraged residents to thank construction workers who are working on city facilities; shared his attendance at the first annual Firefighter BBQ and Assemblywoman Johnson's Kentucky Derby event; shared hat he met with the Family Service Association; and noted his attendance at the Southwest Riverside County Association of REALTORS' City Managers' Breakfast and Lake Elsinore Unified School District's State of the District event.
Council Member Tisdale thanked Chief Reed for hosting the First Annual Firefighters BBQ; reported on his attendance at the Western Riverside Council of Governments Executive Committee meeting on May 4, 2026; and spoke on the Northwest Mosquito and Vector Control District services.
Council Member Manos reported on his attendance at the Southern California Association of Governments Annual Conference May 7-8, 2026.
Mayor Pro Tem Sheridan noted ongoing discussions with Greg Langworthy; shared that the next Riverside Transit Agency Board of Directors meeting will be held on May 28, 2026; and shared his participation in Herk Bouris Elementary School's Career & College Fair.
Mayor Magee noted that the Riverside County Transportation Commission will consider an Agreement for the Phase I Design-Build for the I-15 Express Lanes; invited the community to participate in the 13th Annual Lake Elsinore Dream Extreme Fishing Derby from 5:00 a.m. to 2:00 p.m. on Saturday, May 16, 2026 at Launch Pointe, 2nd Annual Carp Quest from 6:00 a.m. to 2:30 p.m. on Sunday, May 17, 2026, and the San Diego SCCA Chapter Autocross event on May 23-24, 2026 at Diamond Stadium; and reported on his attendance at the Animal Friends of the Valleys Animal Shelter JPA meeting on May 7, 2026.
21. ADJOURNMENT
The Lake Elsinore City Council adjourned at 8:02 p.m. to the next Regular meeting of Tuesday, May 26, 2026 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.
Candice Alvarez, MMC
City Clerk