HomeMy WebLinkAbout2010-05-25 CC Item No. 8CITY OF ,
LADE `?,LSMO E
'~W DREAM. EXTREME
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: ROBERT A. BRADY, CITY MANAGER
DATE: MAY 25, 2010
SUBJECT: THIRD AMENDMENT TO JANITORIAL SERVICES
CONTRACT
Background
On May 13th, 2008 the City and A&A Janitorial agreed to amend the services
agreement to include restroom cleaning for Alberhill Park and to renegotiate
services, which resulted in a decrease in overall fees by 5%. The scope of
services under the original agreement and first amendment were for restroom
cleaning services only to be performed for all the City's parks, in an amount not to
exceed $59,280.
On October 20, 2008 the City and A&A Janitorial agreed to a second amendment
to the agreement to reduce the frequency of restroom cleaning services at the
City's parks and added janitorial (office cleaning) services at eight (8) City facilities,
including City Hall, Senior Center and Chamber building. Even with the addition of
the office cleaning tasks to the scope of services there was no increase in the total
annual cost for janitorial services, in the amount of $59,280. To offset the reduced
restroom cleaning services at the parks, City Staff now performs this work in-house
Monday through Thursday.
Sometime between October 2008 to present, City Staff verbally requested that
A&A Janitorial remove the "City Park" from the restroom cleaning scope of
services, as this duty was re-assigned to El Unico Restaurant. The City received a
proportionate decrease in the restroom cleaning service fees from A&A Janitorial.
Discussion
Per section 2 of the first "Amended and Restated Agreement for Services (May 13,
2008)", the agreement may be extended for two consecutive one year extensions.
City Staff desires to extend this agreement by one year and amend the scope of
services.
AGENDA ITEM NO. 8
Page 1 of 17
Under the proposed "Third Amendment to Services Contract", the scope of
services is being expanded to include cleaning the restrooms at the new Rosetta
Canyon Park, as well as the addition of seasonal work for the cleaning of the
Seaport Boat Launch restrooms and trash removal from City Beaches.
In September 2009, a Lake Maintenance Worker-II accepted early retirement from
the City. This left the Lake Department shorthanded, especially during the busy
summer tourist season. Although the early retirement results in a total net savings
to the City, the Lake Department will require seasonal assistance with restroom
cleaning and trash removal from the beaches.
City Staff evaluated several alternatives to perform the trash removal from the
beaches, including hiring temporary part-time staff and obtaining an informal quote
from the City's streetscape service. Staff found A&A Janitorial to be the lowest
alternative.
Fiscal Impact
The addition of the restroom cleaning services for the new Rosetta Canyon Park
will annually cost $1,950, which is offset by the earlier removal of "City Park" from
the scope of services. Therefore, the total cost of janitorial services budgeted for
the Parks and Facilities will remain unchanged for the next fiscal year, in the
amount of $59,280.
The addition of the seasonal restroom cleaning at the Seaport Boat Launch and
trash removal from the City Beaches will annually cost $17,890. This amount will
be included in the Lake Department's budget for FY'10-11.
Recommendation
Staff recommends approval of the "Third Amendment to Services Contract".
Approved by: Pat Kilroy, Director
Lake, Parks & Recreation Departments
Approved by: Robert A. Brady, City Manager
Attachments:
• Third Amendment to Services Contract
• Second Amendment to Services Contract (dated October 20, 2008)
• Exhibit-A (Scope of Services)
• Exhibit-B (Summary of Fees dated May 18, 2010)
• Amended and Restated Agreement for Services (dated May 13, 2008)
Page 2 of 17
THIRD AMENDMENT TO SERVICES CONTRACT
This Third Amendment to Services Contract (this "Third Amendment") is made
and entered into as of the day of 2010, by and between the City of
Lake Elsinore, a municipal corporation (the "City") and A & A Janitorial, a California
corporation ("Contractor").
RECITALS
A. City and Contractor have previously entered into that certain Amended
and Restated Services Contract, dated as of May 13, 2008 and amended on October
20, 2008 (as amended, the "Contract').
B. The parties desire to extend the term of the Contract and amend the
Contract to provide for additional park facilities to be serviced under the Contract.
NOW, THEREFORE, the parties amend the Contract as follows:
1. As provided in Section 2 of the Contract, the parties elect to extend the
Time of Performance for one year.
2. That the first paragraph of Exhibit "A" Scope of Services is herby amended
and restated as follows:
1. This Scope of Services specifically describes the work that will be
required by the contractor for all city facilities and parks.
2. The term "parks" as used herein shall included the following:
Lakepoint Park
McVicker Park
Summerhill Park
Summerlake Park
Switch-Matich Park
Tuscany Hills Park
Yarborough Park
Machado Park
Creekside Park
Alberhill Ranch Sports Park
Rosetta Park
Seaport Boat Launch
City Beaches at Shoreline Zone Identification sign numbers: LS1,
LS2, LS3, LS4 and LS5.
3. Compensation for the work as herein described is set forth in
Exhibit "B" - Summary A & A Janitorial Fee Schedule.
1 Page 3 of 17
3. Except as provided herein, the terms and conditions set forth in the
Contact shall remain in full force and effect.
4. Each individual signing below represents and warrants that he/she has the
authority to execute this Third Amendment on behalf of and bind the party he/she
purports to represent.
IN WITNESS WHEREOF the parties have caused this Third Amendment to the
Contract to be executed on the date first written above.
CITY OF LAKE ELSINORE: CONTRACTOR:
Robert Brady, City Manager Title
Name
ATTEST:
Carol Cowley, Interim City Clerk
APPROVED AS TO FORM:
Barbara Leibold, City Attorney
Page 4 of 17
SECOND AMENDMENT TO SERVICES CONTRACT
(Park and Facility Maintenance)
THE CITY OF LAKE ELSINORE, hereinafter referred to as CITY, AND A & A
JANITORIAL, hereinafter referred to as CONTRACTOR, hereby agree to amend certain
provisions of the Services Contract dated as of May 13, 2008 as follows:
1: Scope of Services and Compensation: The Parties hereby amend and restate
the Scope of Services and the Compensation Schedule as set forth in the attached Exhibit A.
IN WITNESS WHEREOF the parties have caused this Second Amendment to the
Agreement to be executed on _t O -),C) _,2008
CITY OF LAKE ELSINORE:
CONTRACTOR:
/I_e_rt4 WradyCiTyanager
ATT_j~
ATT
INTRIM City Cler~k
APPROVED AS TO FORM:
a~ -
City Attorney
Page 5 of 17
EXHIBIT "A"
SCOPE OF SERVICES
The following specifications describe the work that will be required by the contractor for
all city facilities and parks. Compensation for the below work will not exceed
$59,280 annually as set forth herein.
SPECIFICATIONS FOR LAKE ELSINORE FACILITIES AND PARKS
All Park Restrooms will be Cleaned Frida Saturday and Sunday
Park Restroom shall maintain an acceptable level that ensures usability by the. public by
performing the following daily operations:
Floor shall be swept.
Clean Dispensers.
Clean Wash basins.
Clean interior walls and ceiling as needed.
Disinfect toilets and urinals.
Wet-mop floors.
Empty trash containers and remove debris.
Scrub floors as needed.
Chemically clean toilets and urinals daily to remove stains and deposits.
Lock all restroom doors after 10:00 p.m.
Lock all park entrance gates prior to leaving each park.
All Facility Locations Daily Se rvice befween 10s~m and lam:
Vacuum all carpeted areas and floor mats as needed.
Sweep and damp mop all hard surface floors
Clean and sanitize all bathrooms and shower areas.
Restock all paper products, soap and deodorant
Empty and replace liners in all trash containers
Clean door glass
Dust window blinds
Dust and wipe office desks and counters
Clean and polish drinking fountains
Empty all trash cans
Empty blue recycle bins in the proper recycling container
Check and lock all doors and windows upon completion of work
Set building alarm.
Monthly Service:
Machine scrub and reapply floor finish to all hard service floors (upon request - floor
care will be invoiced separately).
Clean all windows inside only
Clean ceiling vents.
Dust cobwebs
Additive Schedule:
Carpet cleaning (semi-annual) or as needed (invoiced separately)
Strip tile floors & refinish (semi-annual) (invoiced separately) Page 6 of 17
Special Request Services:
Special request/Special events/emergency request billed at $50.00per hr.
City Ball:
The stairway located outside the back door of the City Manager's office is to be swept
nightly.
The computer room is not to be included for cleaning.
Senior Center:
Clean the pantry storage area on a daily basis.
Refrigerators outside surfaces, sinks, and counter tops located in the kitchen are to be
cleaned daily.
Community Center.
The gym floor is to be wet mopped daily and spot cleaned with a light degreaser as
needed-
Clean stairway and upstairs offices.
Facility Supplies:
Janitorial Supplies - will be purchased, stored and ordered by the City. Facility
Maintenance staff will coordinate supply orders with A&A Janitorial or City will
reimburse,A&A Janitorial for supplies approved by the City.
A & A Janitorial is responsible for furnishing all Park janitorial supplies and will not be
reimbursed.
Janitorial Services Schedule
City Hall
Tuesday and Thursday
Lake Center
Tuesday and Wednesday
Sr. Center
Monday through Friday
City Yard
Tuesday and Thursday
Tiny Tot
Tuesday and Thursday
Cultural Center. -
Tuesday and Thursday
Lake Trailer
Tuesday and Thursday
Chamber of Commerce -
Tuesday and Thursday
Parks Friday, Saturday and Sunday
Page 7 of 17
Page 8 of 17
EXHIBIT-B
SUMMARY
A&A JANITORIAL FEE SCHEDULE
(MAY 18, 2010)
Park Listinq for Restroom Cleaning Services:
No.
PARK NAME
SERVICE FREQUENCY
MONTHLY COST
ANNUALCOST
1
Lakepoint Park
Fri, Sat&Sun
$ 162.50
$ 1,950.00
2
McVicker Park
Fri, Sat & Sun
$ 325.00
$ 3,900.00
3
Summerhill Park
Fri, Sat & Sun
$ 162.50
$ 1,950.00
4
Summerlake Park
Fri, Sat & Sun
$ 162.50
$ 1,950.00
5
Swick-Match Park
Fri, Sat & Sun
$ 325.00
$ 3,900.00
6
Tuscany Hills Park
Fri, Sat & Sun
$ 162.50
$ 1,950.00
7
Yarborough Park
Fri, Sat & Sun
$ 162.50
$ 1,950.00
8
Machado Park
Fri, Sat & Sun
$ 162.50
$ 1,950.00
9
Creekside Park
Fri, Sat & Sun
$ 162.50
$ 1,950.00
10
Alberhill Park
Fri, Sat & Sun
$ 162.50
$ 1,950.00
11
Rosetta Park
Fri, Sat & Sun
$ 162.50
$ 1,950.00
Subtotal =
$ 25,350 00
Facilities Listing for Janitorial Services:
No.
FACILITY NAME
SERVICE FREQUENCY
MONTHLY COST
ANNUAL COST
1
City HalI(includesG1STrailer)
Tues&Thurs
$ 297.50
$ 3,570.00
2
Lake Comm Center
Tues & Weds
$ 297.50
$ 3,570.00
3
Senior Center
Mon thruFri
$ 745.00
$ 8,940.00
4
Public Works Yard
Tues & Thurs
$ 297.50
$ 3,570.00
5
Tiny Tots (400 W. Graham Ave.)
Tues & Thurs
$ 297.50
$ 3,570.00
6
Cultural Center
Tues & Thurs
$ 297.50
$ 3,570.00
7
Lake Dept Office Trailer
Tues & Thurs
$ 297.50
$ 3,570.00
8
Chamberof Commerce
Tues&Thurs
$ 297.50
$ 3,570.00
Subtotal =
$ 33,930.00
Seasonal Seaport Boat Launch Restroom Cleaning Service:
• Daily cleaning of restroom for a five month period from May 1 s` through
September 30th
• Re-stock toilet paper, hand soap and seat covers in restrooms. The cost to
purchase the toilet paper, hand soap and seat covers is included in the service.
Monthly Service Cost = $327.50
• Subtotal Annual Service Cost = $1,637.50
Page 1 of 2
Page 9 of 17-
EXHIBIT-B
Seasonal Trash Removal Service from Beaches:
• Pick-up and remove all trash from City Beaches every Friday through Monday,
including holidays, for a five month period starting the first Friday in May and
ending on the last Monday in September.
• Service shall include the emptying of all trashcans and re-lining with trash bags.
• The cost of all trash bags is included as part of the service. .
• Service shall be provided twice per day. Once in the morning before 9:00 AM
and once in the afternoon between 12:30 - 3:30 PM.
• Service shall be provided at the following City Beaches as designated by the
Shoreline Zone Identification signs:
o LS1 (beach south of Seaport Boat Launch)
o LS2 (Elm Grove Beach)
o LS3 (Lowell Street Fishing Beach)
o LS4 (Davis Street Fishing Beach)
o LS5 (Whiskers Fishing Beach at Townsend Street)
• Monthly Service Cost = $3,250.50
• Subtotal Annual Service Cost = $16,252.50
TOTAL ANNUAL SERVICE COST = $775170
Page 2 of 2
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t f<>
AMEND'_ _ AND RESTATED AGRCEMEN -`OR SERVICES
(Janitoriai Services for Park Facilities)
This Amended and Restated Agreement for Services (the "Agreement") is made and
entered into as of the 41' day of May, 2008, by and between the (City of Lake Elsinore; a
municipal corporation ("City") and A & A Janitorial, a California corporation
("Contractor").
RECITALS
A. Contractor and City have previously entered into [tie certain agreement dated as of
February 1, 2006 for janitorial services. The parties desire to continue the services by way
of an amended and restated agreement.
B. Contractor is specially trained, experienced, and competent to perform the special
services which will be required by this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification, and
knowledge to provide the services described in this Agreement on the terms and
conditions described herein,
D. City desires to retain Contractor to render the services and related work as set
forth in this Agreement.
AGREEMENT
1. Scot_>t.af Services.
a. Contractor shall perform the services described in Exhibit "A" which is
attached hereto and incorporated herein by reference. Contractor shall provide said
services at the time, place, and in the manner specified in Exhibit "A", subject to the
direction of the City through its staff that it may provide from time to time and in such
manner as to minimize inconvenience and potential hazards to the City and the public,
b. Contractor shall furnish all necessary tools, equipment, and vehicles at
Contractor's sole expense.
3. Compensation. Compensation to be paid to Contractor shall be in accordance
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Page 11 of 17
C. Contractor shall require each of its employees and subcontractors to adhere
to basic standards of working attire which shall include basic uniforms, proper shoes and
other equipment and gear as is required by State of California workplace safety
regulations. Shirts shall be worn at all times, buttoned and tucked in.
with the charges set forth in Exhibit "A". 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 submit monthly billings to City describing the
work performed during the preceding month. 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 30 days after approval of the monthly invoice by City
staff.
5. Extra Work. At any time during the term of this Agreement, City requests that
Contractor perform Extra Work. As used herein, "Extra Work" means any work which is
determined by City to be necessary but which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Contractor shall not perform, nor
be compensated for, Extra Work without written authorization from the City Manager or
his/her designee unless such work is verbally requested in conjunction with an
emergency maintenance request. Extra work will be invoiced separately from services
performed in accordance with the Scope of Services.
6. Termination, This Agreement may be terminated by the City or Contractor for
cause upon thirty (30) days' written notice of termination. This contract may be terminated
by the City without cause upon sixty (60) days written notice of termination. Upon
termination, Contractor shall be entitled to compensation for services performed up to
the effective date of termination.
7. Reserved.
£i. Contractor's Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices,
vouchers, cancelled 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.
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Page 12 of 17
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. It is understood that Contractor, in the performance of the
work and services agreed to be performed, shall act as and be an independent contractor
and shall not act as an agent or employee of the City. Contractor shall obtain no rights to
retirement benefits or other benefits which accrue to City's employees, and Contractor
hereby expressly waives any claim it may have to any such rights.
10. Interests of Contractor. Contractor 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.
11. Ability of Contractor. City has relied upon the experience and training 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 contractor in Contractor's field of expertise.
12. Compliance with Laws. Contractor shall use the standard of care in its profession to
comply with all applicable federal, state and local laws, codes, ordinances and
regulations.
13. 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. 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, including but not limited to, a City business license.
14. Indemnity. Contractor shall indemnify and hold the City, its officers, employees, and
agents free and harmless from any liability whatsoever, including wrongful death, based
or asserted upon act or omission of the Contractor, its employees, subcontractors, and
agents relating to or in anyway connected with the accomplishment of the work or
performance of service under this Agreement. As part of the foregoing indemnity, the
Contractor agrees to protect and defend at Contractor's own expense, including attorney
fees, the City, its offices., agents, and employees in any legal action based upon any such
alleged acts or omission.
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Page 13 of 17
15. Insurance Reguirements.
a. Insurance. Contractor, at Contractor's own cost and expense, shall
procure and maintain, for the duration of the contract, 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.
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.
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.
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. 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.
M. 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.
Page 14 of 17
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, unless such insurance, endorsements and/or certificates are otherwise waived by
the Director of Administrative Services. 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.
16. 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 +8 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
If to Contractor: A & A Janitorial
Attn: Gordon Anderson
P.O. Box 5520 Riverside,
CA 92517
17. 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.
18. 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.
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19. 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 except upon 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.
20. 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.
21. 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.
22. 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.
23. Litigation Expenses and_Attomgygs Pees. If either party to this Agreerent
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.
24. 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.
It the parties are unable to agree upon a mediator, the dispute shall be submitted to
JAMS/P_NDISPUTE ("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.
25. 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.
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26, 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.
27. 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 shall
have any financial or other person interest, direct or indirect, in this Agreement, or obtain
any present or anticipated benefit arising there from.
28. 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. Contractor shall also comply with all relevant provisions of City's
Minority Business Enterprise program, Affirmative Action Plan or other related programs
or guidelines currently in effect or hereinafter enacted.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed on
the date first written above.
CITY OF LAKE ELSINORE:
Aobe t A. Br
Manager
CONTRACTOR:
A10 ByP Gordon Anderson
Its: Owner
ATTST L
I
City Clerk
4Aomey
D AS 0 Page 17 of 17