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HomeMy WebLinkAboutItem No. 07 Amend. No 1 Alvarez Enterpirse Services Janitorial Svs FY 20-21City of Lake Elsinore LW811-Si no 130 South Main Street Lake Elsinore, CA 92530 www.lake - elsinore.org Ne °— IKikr- ' City Council Agenda Report File Number: ID# 19 -621 Agenda Date: 6/23/2020 Version: 1 Status: Approval Final In Control: City Council / Successor Aqency File Type: Council Consent Calendar Agenda Number: 7) Amendment No. 1 to Extend the Alvarez Enterprise Services Contract for Janitorial Service in Fiscal Year 2020 -21 Authorize the City Manager to execute Amendment No. 1 to the Alvarez Enterprise Services Agreement to extend the Agreement for an additional 12 -month term, in the amount of $114,456 plus $10,000 for unforeseen additional services, for a total amount not to exceed $124,456, in the form attached and in such final form as approved by the City Attorney. City of Lake Elsinore Page 1 Printed on 611812020 CITY OF ih41 4 LAKE LSIAO E L � DREAM EXTREME REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Grant Yates, City Manager Prepared By: Catherine Eakins, Administrative Assistant Date: June 23, 2020 Subject: Amendment No. 1 to Extend the Alvarez Enterprise Services Contract for Janitorial Service in Fiscal Year 2020 -21 Recommendation Authorize the City Manager to execute Amendment No. 1 to the Alvarez Enterprise Services Agreement to extend the Agreement for an additional 12 -month term, in the amount of $114,456 plus $10,000 for unforeseen additional services, for a total amount not to exceed $124,456, in the form attached and in such final form as approved by the City Attorney. Background On November 12, 2019, the Alvarez Enterprise Services were award the contract for Janitorial Services for City -owned park restrooms. The total contract compensation was for $114,456. The original contract term was for seven (7) month with the option to extend three additional twelve (12) month renewal terms. Discussion City staff extremely satisfied with the services provided by Alvarez Enterprise Services. Alvarez services City -owned park restrooms and locks all restrooms after cleaning; they are thorough and can be relied upon to carry out their duties. Staff is requesting permission to extend Alvarez Enterprise Services contract for an additional 12 -month term. Fiscal Impact Funds are available in the FY2020 -2021 Public Works Operating budget. Exhibits A - Alvarez Enterprise Services — Amendment No. 1 Agreement B — Alvarez Enterprise Services- Original Agreement AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACTOR SERVICES Alvarez Enterprise Services Janitorial Services This Amendment No. 1 to Agreement for Contractor Services ( "Amendment No. 1 ") is made and entered into as of July 1, 2020 by and between the City of Lake Elsinore, a municipal corporation ( "City), and Alvarez Enterprise Services ( "Contractor "). RECITALS A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of November 12, 2019 (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 not to exceed One Hundred Fourteen Thousand Four Hundred Fifty Six dollars ($114,456) for Fiscal Year 2019/2020. C. The term of the Original Agreement was for seven (7) months and allows the City to extend the term on a 12 -month basis, not to exceed three (3) additional 12 month renewals. D. The parties now desire to extend the term for an additional 12- monthsm 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: the following: Section 2, subpart C, Term, of the Original Agreement is hereby amended to add Unless earlier terminated as provided elsewhere in the Original Agreement, this Amendment No. 1 shall continue in full force and effect for a period of twelve (12) months, commencing on July 1, 2020 and ending on June 30, 2021. The City may, at its sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed two (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. 2. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A to the Original Agreement). In no event shall Contractor's compensation related to Exhibit A to the Original Agreement exceed One Hundred Fourteen Thousand Four Hundred Fifty Six dollars ($114,456) for Fiscal Year 2020 -2021 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. 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" "CONTRACTOR" CITY OF LAKE ELSINORE, a municipal Alvarez Enterprise Services corporation By: Fidel Alvarez Its: Owner Grant Yates, City Manager Date: Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Attachments: Exhibit B — Original Agreement .. ORIGINAL AGREEMENT [ATTACHED] DocuSign Envelope ID: COD29A82- 1687 - 4879- 87CE- 1A865FOC1960 AGREEMENT FOR CONTRACTOR SERVICES Alvarez Enterprise Services Janitorial Services This Agreement for Contractor Services (the "Agreement ") is made and entered into as of November 12, 2019 by and between the City of Lake Elsinore, a municipal corporation ( "City ") and Alvarez Enterprise Services ( "Contractor "). RECITALS A. The City has determined that it requires the following services: Janitorial Services for city park restrooms, locking of park gates where necessary seven days a week including holidays. B. Contractor has submitted to City a proposal, dated 10/14/2019, attached hereto as Exhibit A ( "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 described herein. D. City desires to retain Contractor to perform the services and related work as provided herein and Contractor desires to provide such services and related work as set forth in this 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. 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. City of Lake Elsinore Alvarez Enterprise Services 11/12/2019 Page 1 DocuSign Envelope ID: COD29A82- 1687 - 4879- 87CE- 1A865FOC1960 C. Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of seven (7) months, commencing on November 12, 2019, and ending on June 30, 2020. The City may, at its sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed three (3) 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. 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 Fourteen Thousand Four Hundred Fifty Six dollars ($114,456) 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. Reserved. 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. 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 acknowledges City of Lake Elsinore Alvarez Enterprise Services 11/12/2019 Page 2 DocuSign Envelope ID: COD29A82- 1687 - 4879- 87CE- 1A865FOC1960 that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Contractor, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. 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. b. 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 City of Lake Elsinore Alvarez Enterprise Services 11/12/2019 Page 3 DocuSign Envelope ID: COD29A82- 1687 - 4879- 87CE- 1A865FOC1960 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. 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. 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. 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. 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)) City of Lake Elsinore Alvarez Enterprise Services 11/12/2019 Page 4 DocuSign Envelope ID: COD29A82- 1687 - 4879- 87CE- 1A865FOC1960 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. Contractor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 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 City of Lake Elsinore Alvarez Enterprise Services 11/12/2019 Page 5 DocuSign Envelope ID: COD29A82- 1687 - 4879- 87CE- 1A865FOC1960 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. 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. City of Lake Elsinore Alvarez Enterprise Services 11/12/2019 Page 6 DocuSign Envelope ID: COD29A82- 1687 - 4879- 87CE- 1A865FOC1960 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: Alvarez Enterprise Services Attn: Mr. Fidel Alvarez 40974 Bankhall Street Lake Elsinore, CA 92532 18. 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. 19. 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. 20. 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 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 City of Lake Elsinore Alvarez Enterprise Services 11/12/2019 Page 7 DocuSign Envelope ID: COD29A82- 1687 - 4879- 87CE- 1A865FOC1960 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. 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. 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. 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 City of Lake Elsinore Alvarez Enterprise Services 11/12/2019 Page 8 DocuSign Envelope ID: COD29A82- 1687 - 4879- 87CE- 1A865FOC1960 with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 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. 29. 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. 30. 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. City of Lake Elsinore Alvarez Enterprise Services 11/12/2019 [Signatures on next page] Page 9 DocuSign Envelope ID: COD29A82- 1687 - 4879- 87CE- 1A865FOC1960 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 gD�ocu�S "i�gn�ed by: *kP,& ran a es, City Manager ATTEST: DocuSigned by: City er APPROVED AS TO FORM: i DocuSigned by: 0-6r& (,uWU M, �5AJT&Keyc City of Lake Elsinore Alvarez Enterprise Services 11/12/2019 "CONTRACTOR" Alvarez Enterprise Services DocuSigned by: By: Fidel Alvarez Its: Owner Date: 11/14/2019 1 3:13 PM PST Page 10 DocuSign Envelope ID: COD29A82- 1687 - 4879- 87CE- 1A865FOC1960 EXHIBIT A CONTRACTOR'S SCOPE OF WORK AND PROPOSAL PRICE BREAKDOWN [ATTACHED] EXHIBIT A DocuSign Envelope ID: COD29A82- 1687 - 4879- 87CE- 1A865FOC1960 NONE .■ : LIST OF SUBCONTRACTORS [ATTACHED] W:1:11 :31r: DocuSign Envelope ID: COD29A82- 1687 - 4879- 87CE- 1A865FOC1960 EXHIBIT B Addendum A CONTRACTOR: Alvarez Enterprise Services Base Bid: All park restrooms to be serviced (7) days per week and ALL holidays with exception of Rosetta Sports Park. NOTE: Please refer to original RFP for description and clarifications of Basic Service. The Proposal shall include, but not limited to, sales tax and all other applicable taxes and fees. SITE ADDRESS SERVICE DAYS LOCK GATE MONTHLY COST 1. Alberhill Community Park Monday- Sunday and all n/a $419.70 28200 Lake Street Holidays 2. Canyon Hills Community Park Monday- Sunday and all Lock Gate (1) $419.70 34360 Canyon Hills Road Holidays Monday- Sunday 3. Creekside Park Monday- Sunday and all Lock Gate (1) $419.70 3200 Lost Road Holidays Monday- Sunday 4. Lakepoint Park Monday- Sunday and all Lock Gate (1) $419.70 420 E. Lakeshore Drive Holidays Monday- Sunday 5. Machado Park Monday- Sunday and all Lock Gate $419.70 15150 Joy Street Holidays Monday- Sunday 6. McVicker Canyon Park Monday- Sunday and all Lock Gate (2) $419.70 Community Park Holidays Monday- Sunday 29355 Grand avenue 7. McVicker Canyon Park Skate Park Monday- Sunday and all Lock Gate (1) $419.70 29355 Grand avenue Holidays Monday- Sunday 8. Rosetta Canyon Community Park Monday- Sunday and all Lock Gate (1) $419.70 and Office Holidays Monday- Sunday 39423 Ardenwood Way 9. Rosetta Sports Park Sunday, Wednesday, n/a $480.00 39423 Ardenwood Way Friday, Saturday and all Holidays 10. Serenity Park Monday- Sunday and all n/a $419.70 Palomar Street/ Silverwood Drive Holidays 11. Summerhill Park Monday- Sunday and all Lock Gate (1) $419.70 31613 Summerhill Drive Holidays Monday- Sunday 12. Summerlake Park Monday- Sunday and all n/a $419.70 900 W. Broadway Holidays 13. Summerly Park Monday- Sunday and all Lock Gate (1) $419.70 18505 Malaga Holidays Monday- Sunday 14. Swick & Matich Park Concession Monday- Sunday and all Lock Gate (1) $419.70 Stand Building Restroom Holidays Monday- Sunday 402 Limited Street 15. Swick & Matich Park Ballfield Monday- Sunday and all n/a $210.00 Restroom Holidays DocuSign Envelope ID: COD29A82- 1687 - 4879- 87CE- 1A865FOC1960 MONTHLY COST PROPOSAL TOTAL Alternative 'A' Contractor supplies ALL Consumables. Alternative 'A'Total Amount of Bid Proposal in NUMBERS:$ 9538.00 Alternative 'A' Total Amount of Bid Proposal in WORDS: nine thousand five hundred thirty eight dls no cents Alternative 'B' City supplies All Consumables. Alternative 'B' Total Amount of Bid Proposal in NUMBERS: $7824.00 Alternative 'B'Total Amount of Bid Proposal in WORDS: Seven thousand eight hundred twenty four dls 402 Limited Street 16. Tuscany Hills Park Monday - Sunday and all Lock Gate (3) $419.70 30 Summerhill Drive Holidays Monday- Sunday 17. Yarborough Park Monday- Sunday and all n/a $419.70 419 n. Poe Street Holidays 18. Seaport Boat Launch Monday- Sunday and all Lock Gate (1) $419.70 500 W. Lakeshore Dr. Holidays Monday- Sunday 19. Christiansen Park Monday- Sunday and all n/a $419.70 32934 Pacifica Place Holidays MONTHLY COST PROPOSAL TOTAL Alternative 'A' Contractor supplies ALL Consumables. Alternative 'A'Total Amount of Bid Proposal in NUMBERS:$ 9538.00 Alternative 'A' Total Amount of Bid Proposal in WORDS: nine thousand five hundred thirty eight dls no cents Alternative 'B' City supplies All Consumables. Alternative 'B' Total Amount of Bid Proposal in NUMBERS: $7824.00 Alternative 'B'Total Amount of Bid Proposal in WORDS: Seven thousand eight hundred twenty four dls DocuSign Envelope ID: COD29A82- 1687 - 4879- 87CE- 1A865FOC1960 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) 111/14/2019 TM POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION TRADESTONE INSURANCE SERVICES, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 14772 PIPELINE AVE. STE. B ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LIMITS AUTHORIZED REPRESENTATIVE <SQC> CHINO HILLS, CA 91709 TEL: 909 - 597 -4241; FAX: 909 - 597 -4281 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Amtrust International Underwriters Ltd. $ 1,000,000 INSURER B: California Automobile Insurance Company X Alvarez Enterprise Services INSURER c: National Union Fire Insurance Company 10/05/2019 40974 Bankhall St INSURER D: $ 100,000 Lake Elsinore CA 92532 INSURER E: CLAIMS MADE FX­] OCCUR COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' 130 South Main Street POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS AUTHORIZED REPRESENTATIVE <SQC> GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY XN106816303 10/05/2019 10/05/2020 DAMAGE_ ( RENTED $ 100,000 CLAIMS MADE FX­] OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 X POLICY PRO LOC B AUTOMOBILE LIABILITY ANY AUTO BA040000037102 10/10/2019 10/10/2020 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ 2,000,000 C X OCCUR F—I CLAIMS MADE EBU20241749 10/05/2019 10/0512020 AGGREGATE $ 2,000,000 $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1 $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS 10 DAY NOTICE OF CANCELLATION FOR NON - PAYMENT OF PREMIUM WILL BE PROVIDED CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001/08) © ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Lake Elsinore City DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 130 South Main Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Lake Elsinore, CA 92530 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE <SQC> ACORD 25 (2001/08) © ACORD CORPORATION 1988 DocuSign Envelope ID: COD29A82- 1687 - 4879- 87CE- 1A865FOC1960 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) DocuSign Envelope ID: COD29A82- 1687 - 4879- 87CE- 1A865FOC1960 BUSINESS LICENSE This business license is issued for revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency. Business Name: ALVAREZ ENTERPRISE SERVICES Business Location: 40974 BANKHALL ST LAKE ELSINORE, CA 92532 -1641 Owner Name(s): FIDEL ALVAREZ ALVAREZ ENTERPRISE SERVICES 40974 BANKHALL ST LAKE ELSINORE, CA 92532 -1641 CITY OF LAKE ELSINORE Administrative Services - Licensing 130 South Main Street, Lake Elsinore, CA 92530 PH (951) 674 -3124 BUSINESS LICENSE NO. 022262 Business Type: RESIDENTIAL BUSINESS /OFFICE USE ONLY Description: JANITORIAL/ GRAFFITI REMOVAL Issue Date: 7/1/2019 Expiration Date: 6/30/2020 I fell - 34191-1 A =I oil I0I _KK6701 6'i:j[@i11911by:JWITS] 9:1E-3I- 'L f1l1: aIIN4016 y=11111101[011aI:7_1Z1`yy4:7_1.11;1