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HomeMy WebLinkAboutItem No. 09 Agreement On-Call Nuisance Abatement ServicesCity Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 21-253 Agenda Date: 7/27/2021 Status: Approval FinalVersion: 1 File Type: Council Consent Calendar In Control: City Council / Successor Agency Agenda Number: 9) Agreement for On-Call Nuisance Abatement Services Authorize the City Manager to execute contract services agreements with Discount Hauling and Cleanup Service in an amount not to exceed $400,000 annually, in such final form as approved by the City Attorney. Page 1 City of Lake Elsinore Printed on 7/22/2021 Page 1 of 2 REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Jason Simpson, City Manager Prepared by: Justin Kirk, AICP, Assistant Community Development Director Date: July 27, 2021 Subject: Agreement for On-Call Nuisance Abatement Services Recommendation Authorize the City Manager to execute contract services agreements with Discount Hauling and Cleanup Service in an amount not to exceed $400,000 annually, in such final form as approved by the City Attorney. Background In order to protect citizens and property from conditions offensive or annoying to the senses, detrimental to property values or community appearance or injurious to the health, safety or welfare of the public, the City has adopted nuisance abatement procedures within Lake Elsinore Municipal Code (LEMC) Chapter 8.18. LEMC Chapter 8.18 provides specific definitions as to what constitutes a nuisance and the process to abate declared nuisances. If a nuisance is not properly abated within the period provided by a notice to abate, the City is entitled to take any enforcement action allowed by law to cause the abatement of the nuisance, including but not limited to abatement of the nuisance by City forces or contractors. Abatement of nuisances that create impacts to the health, safety or welfare of the public are of critical concern, including the removal of overgrown weeds and dead vegetation that become dry fuel for a fire to consume. The clean- up and removal of trash and debris nuisances are also a critical component of maintaining positive community character and appearance. Discussion The request for proposal (RFP) for on-call nuisance abatement services was advertised on April 14, 2021 and concluded May 15, 2021, via the City’s electronic bidding portal PlanetBids. In response to the RFP the City received three (3) bids from:  Belfor Property Restoration  Boulder Earthwork Inc.  Discount Hauling and Cleanup Service On-call Nuisance Abatement Services 07/27/2021 Page 2 of 2 Staff has reviewed the bids and has found them to be responsive and consistent with the requirements of the RFP. Review of the RFP centered on the quality and thoroughness of the proposal, qualifications/experience of staff, working experience within the City, cost and references. Based upon this review, staff has recommended Discount Hauling and Cleanup Service. The primary consideration in making this recommendation was the cost proposal from Discount Hauling and Cleanup Service which identified the costs of services defined by typical jobs (i.e. clearing of a property less than an acre in size is a fixed rate), supplemented as needed by an hourly rate as opposed to an hourly rate with a minimum hourly callout. The system employed by the City, authorizes site and task specific work. By having set prices for specific sites staff is better positioned to manage operational budgets and reduces the potential need to audit billing. In addition, staff identified the significant benefit of the recommended Contractor being located within the City as it will ensure quick response times, which is of significant need due to the nature of the emergency work performed. The recommended contractor has performed considerable amounts of work for the City in the past and has completed the work in a high-quality manner consistently meeting or exceeding staff’s expectations. Fiscal Impact Funding for nuisance and weed abatement services has been appropriated in the adopted Fiscal Year 2021-2022 Operational Budget in the amount of $400,000. The selected contractor was determined to be the best qualified based on various criteria, one of which was cost. Cost recovery for City initiated nuisance and weed abatement is initiated when deemed appropriate in accordance with LEMC Chapter 8.18 which reduces the use of General Funds. Exhibits A – RFP B – Contract Services Agreement – Discount Hauling C – RFP Response Request for Proposals (RFP) On-call Nuisance Abatement Services City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 (951) 674-3124 April 14, 2021 Proposals Due: 4:00 pm, Friday, May 14, 2021 RFP- On-call Nuisance Abatement Services City of Lake Elsinore Page | 1 April 12, 2021 Request for Proposals (RFP) On-call Nuisance Abatement Services Table of Contents I. Introduction Pg. 02 II. Project Location and Background Pg. 03 III. Scope of Work Pg. 06 IV. General Conditions Pg. 09 V. Proposal Content and Organization Pg. 11 VI. Proposal Evaluation and Consultant Selection Pg. 13 ATTACHMENTS: A. SAMPLE City of Lake Elsinore Professional Services Agreement RFP- On-call Nuisance Abatement Services City of Lake Elsinore Page | 2 April 12, 2021 REQUEST FOR PROPOSALS On-call Nuisance Abatement Services I. Introduction The City of Lake Elsinore (City) is seeking qualified firms (Consultants) to submit proposals demonstrating the ability to perform nuisance abatement on an “on-call” basis. The term of the contract will be three (3) years with options to extend an additional two (2) years. This document outlines the requirements, selection process and documentation necessary to submit a proposal in response to this RFP. No proposer shall discriminate in employment practices based on race, color, national origin, ancestry, disability, gender, or religion. No qualified handicapped person shall, based on handicap, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination in any matter leading to the award of contract. All proposals will be compared based on understanding the scope of work to be performed, methods and procedures to be used, management, personnel and experience, and consultation and coordination with the City of Lake Elsinore. If your firm is interested and qualified, please submit five (5) hard copies and one (1) electronic copy of your Proposal on Friday, May 14, 2021, by 4:00 p.m. to: City of Lake Elsinore Community Development Department Attn: Justin Kirk, Assistant Community Development Director City of Lake Elsinore 110 South Main Street Lake Elsinore, CA 93458 Proposal shall be clearly labeled “Proposal for Professional Services – City of Lake Elsinore On- call Nuisance Abatement Services.” Any changes, additions, or deletions to this Request for Proposal will be in the form of written addenda issued by the City to all qualified firms. Should you have any questions on the proposal please provide them via email to Justin Kirk, Assistant Community Development Director at jkirk@lake-elsinore.org no later than Monday April 26, 2021. All responses to questions will be in the form of written addenda issued by the City no later than April 30, 2021. RFP- On-call Nuisance Abatement Services City of Lake Elsinore Page | 3 April 12, 2021 II. Project Location and Background Nestled at the foot of the Cleveland National Forest, within the southwest portion of Riverside County, lies the City of Lake Elsinore (City). The City boasts that Lake Elsinore is the largest natural lake in southern California, a true recreational paradise for boating, wakeboarding, parasailing, fishing, water skiing, jet skiing, windsurfing, camping at local campgrounds and RV resorts, sunbathing, picnicking, or playing on the beaches. The Lake is bound by wetlands, ancient petroglyphs, sacred burial grounds, and the Diamond Stadium, which is home to the Lake Elsinore Storm Professional Baseball Team, an affiliate of the San Diego Padres. Its world- famous thermal winds create ideal conditions for skydiving, hang-gliding, sailplaning, and hot-air ballooning. Lake Elsinore is rapidly becoming the ideal place to live, work, and play in the Inland Empire. The duality of quality of life and prosperity for all residents is the common vision and goal for the City. As such, this community recognizes its rich history, appreciates its setting amid the rolling hills, and values its resources, while reaching for the future and realizing that its future is today. The City encompasses approximately 39 square miles with a Sphere of Influence (SOI) covering over 68 square miles. Interstate 15 (I-15) provides north-south regional access to the City. State Route 74 (SR-74) extends in a northeast to southeast direction through the City and connect I-15 to the Ortega Highway. Surrounding cities include Canyon Lake and Menifee to the east and Wildomar to the south. The City of Lake Elsinore is also bordered to the north, east and southwest by unincorporated lands within the County of Riverside. United States Forest Service lands within the Cleveland National Forest border the City to the west. Along the I-15 corridor, the city of Corona is approximately twenty miles to the north and the cities of Murrieta and Temecula are within ten miles to the south. The city of Perris is within ten miles to the northeast of the City along the SR-74 corridor. The City is an actively developing community averaging 500 permits issued for new residential units, new 100,000sf of industrial buildings and 50,000sf of commercial building. The Community is gearing up an extensive development push in the upcoming years. RFP- On-call Nuisance Abatement Services City of Lake Elsinore Page | 4 April 12, 2021 RFP- On-call Nuisance Abatement Services City of Lake Elsinore Page | 5 April 12, 2021 RFP- On-call Nuisance Abatement Services City of Lake Elsinore Page | 6 April 12, 2021 III.Scope of Work Overview Project Overview The purpose of this RFP is to solicit and identify qualified contractors who can provide on-call nuisance abatement services. Nuisance abatement services include, but are not limited to, weed abatement, site clean-up, trash and debris removal, and the boarding and securing of structures. The selected contractors will be placed on the City’s List of Approved Abatement Contractors to provide on-call abatement services at the request of a designated City staff member. The basic hourly rate of these services shall be provided as part of the submitted proposal. As instances of abatement arise, the Contractor shall provide an abatement estimate based upon the proposed rates. The City, however, reserves the right to negotiate abatement services on an instance-by-instance basis as circumstances warrant. The scope of work and expectations for on-call services are set forth in the following sections. Desired Qualifications Contractors for Nuisance Abatement Services should possess the following qualifications: •Contractor shall have the ability to provide services within 24 hours of a request from the City. •Contractor shall have trained and qualified staff to perform the requested work in a professional manner. Contract shall furnish all vehicles and equipment necessary to complete the scope of work. •Contractor shall have the equipment and ability to produce digital photographs of a job site before and after work is performed. •Contractor must be able to provide proof of the minimum insurance requirements required by the City. Scope of Services The following services shall be provided to the City: •Abatement of overgrown weeds or dead vegetation to include, but not limited to dead or hazardous trees, high weeds and shrubs; •Clean up and removal of trash and debris to include but not limited to discarded metal, vehicle parts, appliances, waste oil, batteries or similar materials; •Cleanup and removal of heavy construction or demolition materials, to include but not limited to concrete, soil, metal rebar, wood and other miscellaneous construction debris; •Emergency Structural Boarding: to include, but not limited to structural boarding consistent with HUD specifications or local procedures. Use of wood boarding or alternative materials such as polycarbonate clear boarding, as directed on vacant or damaged structures. As part of the scope of work, all removed materials are required to be safely transported and removed from nuisance properties to legal disposal and/or recycling site(s) within Riverside County with priority to any local facilities. The firm selected (Contractor) shall be appropriately licensed under California Contractor License Law and will maintain such license throughout the duration of the service with the City. The Contractor must comply with all applicable laws related to the transportation and disposal of waste. The term of the agreement will be one year with the option to extend the agreement annually up to two additional years at the discretion of the City. RFP- On-call Nuisance Abatement Services City of Lake Elsinore Page | 7 April 12, 2021 Contractor shall have the ability to send/receive work orders, invoices, and documents. via electronic media. Electronic media shall be deemed to include, but is not limited to, email and fax. Email shall have the capacity of receiving and/or sending large document files, including photographs. Failure to perform work as assigned, submittal of improper invoices, failure to conform to the requirements of any provision contained herein or in the work order, may result in termination at the discretion of the City. Contractor shall furnish, at its own expense, all equipment and materials needed for abatement services including but not limited to: • Mowers, tillage equipment, weed trimmers, brush hogs, saw blades, chain saws, and loaders. • Caution tape, orange fencing, framing materials, and other materials necessary to secure the site to ensure the health and safety of the public. • Any other equipment and/or materials required to address each specific circumstance in a work order. Prior to beginning any work order, contractor shall take digital color photographs of the work location. Photographs shall be taken in the manner prescribed by the City. The photographs shall be dated, and time stamped. The photographs shall include the property condition before the abatement showing grass/weed height, trash, junk and debris on property, tires, any unsecured openings to be secured, hanging dead tree limbs to be removed, standing dead trees to be removed, etc. Failure to submit proper “before” photographs may result in termination of the Agreement. Contractor shall take digital color photographs of the work location after all work is completed, including loaded vehicles showing the trash/junk debris and that was removed. These photographs shall be dated, time-stamped and shall be submitted electronically by email to the City. Failure to submit proper “after” photographs will result in termination of the Agreement. Contractor shall provide dated and time stamped digital photographs with all invoices and estimates, both prior and after completion of work. All costs associated with photography shall be the contractor’s responsibility. The City must approve, in advance, any other source of media. 1. Work Orders Contractor shall provide an itemized work estimate for any bid that exceeds $1,000. If the estimate of the work specified in the bid varies more than 2 cubic yards from actual conditions, contractor shall contact the City to reconcile any differences, prior to performing work. 2. Notice to Abate Nuisance A Notice to Abate a Nuisance provided by the City is the primary authority for nuisance abatement. Contractor shall not perform any “Regular Abatement” work until a Notice to Abate Nuisance has been received. In the case of “Emergency Abatement”, the Notice to Abate a Nuisance will include a code case number, site address, and services requested, which shall be included on all correspondence and billing by the Contractor. If any discrepancy arises with any other documents during the execution of a work order (ie, property photographs and legal description on notice/map do not match, etc.), it is responsibility of contractor to contact the City before work begins. Failure RFP- On-call Nuisance Abatement Services City of Lake Elsinore Page | 8 April 12, 2021 to do so will result in the contractor absorbing all costs of the abatement on incorrectly designated property. Any ambiguity or conflict with other documentation shall be clarified prior to performing any work. 3. Execution of Work Regular Abatement: Contractor will receive written or verbal notification from the City, requesting an estimate to perform specified work at a specified location. The estimate must be provided within 24 hours of the date of notification. Contractor shall not commence any work until a Notice to Abate Nuisance is issued by the City. Emergency Abatement: In emergency situations, Contractor may receive verbal notification by the City, followed up by a text message to proceed with service, as record of the City’s authorization to proceed immediately. The City shall issue a Notice to Abate Nuisance as soon as possible to the Contractor for proper invoicing. Service Requirements: a. Weed abatement, is defined as the removal of tall grass, weeds, vegetation, small saplings, overgrowth and weed eating. All vegetation must be cut to a height of not more than three inches (3”). Trimming must match or be below the adjacent grass or structure. Failure to rake, blow, and bag all leaves, trash and vegetation clippings will result in nonpayment. b. Debris/Trash/Junk Removal All visible trash, junk, debris, and litter must be removed and disposed of in accordance with all applicable laws and to the satisfaction of the City and in accordance with the work order. Tree limbs, tree parts, fallen dead trees, bushes or brush less than 6 feet high, and/or on the ground, and/or in the right of ways, easements or in the site distance triangle, will be considered as trash, junk and debris. c. Securing All openings shall be secured in accordance with standards as provided by the Code Enforcement Division. Because unsecured structures pose an immediate threat to the public, all securing work orders will be completed within 48 hours of receipt unless the City approves other arrangements. Work orders that include securing must be completed before a work order that does not include securing. RFP- On-call Nuisance Abatement Services City of Lake Elsinore Page | 9 April 12, 2021 IV. GENERAL CONDITIONS Limitations This Request for Proposals (RFP) does not commit the City to award a contract, to pay any costs incurred in the preparation of the proposal in response to this request, or to procure or contract for services or supplies. The City expressly reserves the right to reject any and all proposals or to waive any irregularity or information in any proposal or in the RFP procedure and to be the sole judge of the responsibility of any proposer and of the suitability of the materials and/or services to be rendered. The City reserves the right to withdraw this RFP at any time without prior notice. Further, the City reserves the right to modify the RFP schedule described above. Inquiries and Responses All questions pertaining to this RFP shall be submitted in writing Justin Kirk, Assistant Community Development Director at jkirk@lake-elsinore.org. The deadline for submitting questions is 5:00 pm on Monday, April 26, 2021. The question and its response will be forwarded via email to all potential proposers. Bidders are specifically directed not to contact any other City personnel for meetings, conferences, or technical discussions related to this Request for Proposals. Failure to adhere to this policy may be grounds for rejection of proposal. The City of Lake Elsinore will not be responsible for oral interpretations given by any City employee, representative, or others. Bidders are cautioned that any statements made that materially change any portion of the proposal documents shall not be relied upon unless subsequently ratified by a formal written amendment to the proposal document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. Any changes, additions, or deletions to this Request for Proposal will be in the form of written addenda issued by the City. Addenda will be sent via email to all potential proposers. The City is not responsible for the failure of any prospective proposer to receive such addenda. All addenda so issued shall become a part of this Request for Proposal. Pre‐contractual Expense Pre‐contractual expenses are defined as expenses incurred by proposers in: 1. Preparing proposals in response to this RFP; 2. Submitting proposals to City; 3. Negotiations with City on any matter related to proposals; and 4. Other expenses incurred by a contractor or proposer prior to the date of award of any agreement. In any event, the City shall not be liable for any pre‐contractual expenses incurred by any proposer or selected contractor. Proposers shall not include any such expenses as part of the price proposed in response to this RFP. The City shall be held harmless and free from any and all liability, claims, or expenses whatsoever incurred by, or on behalf of, any person or organization responding to this RFP. Business License Possession of a City of Lake Elsinore Business License is not required to submit a proposal in response to this invitation. However, Consultant shall be required to possess, at its own expense, a valid and current City of Lake Elsinore Business License prior to execution of an agreement. RFP- On-call Nuisance Abatement Services City of Lake Elsinore Page | 10 April 12, 2021 Proprietary Information The proposals received shall become the property of the City of Lake Elsinore and are subject to public disclosure. Proposers are to indicate any restrictions on the use of data contained in their responses. Those parts of a proposal which are defined by the bidder as business or trade secrets, as that term is defined in California Government Code, Section 6254.7, and are reasonably marked as "Trade Secrets", "Confidential" or "Proprietary" shall only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law. Proposers who indiscriminately and without justification identify most or all, of their proposal as exempt from disclosure may be deemed non‐responsive. Dispute Resolution The RFP protest and dispute resolution process shall be in accordance with 49 CFR 18.36(b)(12). Contract Requirements Using the City’s standard Professional Services Agreement (See RFP Attachment A – SAMPLE City of Lake Elsinore Professional Services Agreement.), the selected consultant must enter into a Professional Services Agreement with the City for provisions related to compensation, conflict of interest, indemnification, insurance, etc. The scope and budget to complete the study will be incorporated into the professional services agreement. The Consultant has total responsibility for the accuracy and completeness of all work. While the City may review for quality, completeness and conformity, the responsibility for accuracy and completeness of such items remains solely that of the Consultant. Insurance Requirements The consultant shall obtain, at its own cost, insurance coverage meeting the City’s requirements, as set forth in the City’s standard Professional Services Agreement (See RFP Attachment A – SAMPLE City of Lake Elsinore Professional Services Agreement. Method of Payment For all services rendered as described in the Scope of Work (including all labor, equipment, materials, and expenses). Each invoice submitted for payment shall contain a brief description of the work billed on that invoice, total billed to date, total paid to date and amount remaining. RFP- On-call Nuisance Abatement Services City of Lake Elsinore Page | 11 April 12, 2021 V. PROPOSAL CONTENT AND ORGANIZATION The Proposal, consisting of five (5) hard copies and one (1) electronic copy must be received by mail, recognized carrier, or hand delivered no later than 4:00 p.m. on Friday, May 14, 2021. Late Proposals will not be considered and will be returned, unopened. Proposal shall be addressed to: City of Lake Elsinore Community Development Department Attn: Justin Kirk, Assistant Community Development Director 130 South Main Street Lake Elsinore, CA 92530 Proposal shall be clearly labeled: (Proposer’s Name) PROPOSAL: Professional Services City of Lake Elsinore On-call Nuisance Abatement Services All proposals received prior to the date and time specified above for receipt may be withdrawn or modified by written request of the proposer. To be considered, the modification must be received in writing, and in the same number of copies as the original proposal, prior to the date and time specified for receipt of proposals. Until award of the contract, the proposals shall be held in confidence and shall not be available for public review. The scope of work will be presented to the City Council in conjunction with the Council approval of consultant selection. Upon award of a contract to the successful proposer, all proposals shall be public records. No proposal shall be returned after the date and time set for opening thereof. Proposal / Award Schedule Request for Proposal Issued April 14, 2021 Final Written Questions Due April 26, 2021 Final Addendum Issued By April 30, 2021 Request for Proposal Due May 14, 2021 Request for Proposal Review/Interviews as Needed May 17, 2021-May 28, 2021 Contract award June 13, 2021 Proposal Content and Organization The organization of the proposal should follow the general outline below. Each proposal should consist of 1. Cover Letter – Indicate interest and commitment to perform on-call services for the City of Lake Elsinore. Include contact information (physical address, telephone, fax and email address) for the primary person responsible for your RFP who will be the point of contact for the City on all correspondence and communications pertaining to the RFP. RFP- On-call Nuisance Abatement Services City of Lake Elsinore Page | 12 April 12, 2021 2. Relevant Experience – List projects completed by the Consultant(s) relevant to the scope of services listed above completed in the last five years. Discuss the Consultant(s) uniqueness to best perform these on-call services for the City. 3. Current Clients/Projects – Provide a list of all clients doing business with the Consultant(s) in the past 12 months and identify any projects within the City of Lake Elsinore in the past 12 months. 4. Please provide an outline of how your firm will provide the services outlined above. 5. City’s Contract – Provide a statement indicating agreement with the content of the City’s Professional Services Agreement (Attachment A). If no exceptions are indicated, then the consultant will be deemed to have accepted the City’s agreement form without deviation. 6. References – Provide 5 client references relevant to the scope of services listed above (5 names, titles, current email addresses, and phone numbers). 7. Cost Proposal – Provide an itemized schedule of charges for labor and expenses that you propose to charge the City for services, including basic fee structure and break-down of any other charges and hourly compensation rates related to your firm’s proposal. RFP- On-call Nuisance Abatement Services City of Lake Elsinore Page | 13 April 12, 2021 VI. PROPOSAL EVALUATION and CONSULTANT SELECTION The City will review all proposals received as part of a structured evaluation process. For each decision point in the process, the City will evaluate proposers according to specific criteria and will then elevate a certain number of proposers to compete in the next level. The sole purpose of the proposal evaluation process is to determine which solution best meets the City’s needs. The evaluation process is not meant to imply that one proposer is superior to any other, but rather that the selected proposer can provide and has proposed the best solution and implementation approach for the City’s current and future plan check needs. A review committee will evaluate all responses to the RFP that meet the submittal requirements and deadline. Submittals that do not meet the requirement or deadline will not be considered. The review committee will rank the proposals and may arrange interviews with the finalist(s) prior to selection. The review committee will use the following criteria to evaluate the proposals: 1. Quality and thoroughness of the proposal 2. Quality and thoroughness of the interview (if applicable) 3. Qualifications/experience of staff 4. Cost Proposal 5. References (include at least 3 local municipalities) The City reserves the right to accept or reject any or all proposals, or to alter the selection process in any way, to postpone the selection process for its own convenience at any time, and to waive any informality in the proposals. The City retains the right at its sole discretion to select a consultant. All proposals submitted in response to this RFP become the property of the City and public records and, as such, may be subject to public review. The City reserves the right to cancel, in part or in its entirety, this RFP including, but not limited to selection procedures, submittal date, and submittal requirements. If the City cancels or revises the RFP, all interested firms will be notified. The City will evaluate proposals based upon the Consultant's proven ability to comply with the specifications contained herein, as well as price. In submitting a proposal, Consultant acknowledges that the City shall have the sole and final right to determine if a bid follows these specifications. The City will evaluate proposals and make an award to the firm whose proposal is in the best interest of the City. The City reserves the right to reject any and all proposals, to contract work with whomever and in whatever manner the City decides, to abandon the work entirely and to waive any informality or non-substantive irregularity as the interest of the City may require and to be the sole judge of selection process. The City also reserves the right to negotiate separately in any manner to serve the best interest of the City. NAS RFP Attachment A Page 1 AGREEMENT FOR PROFESSIONAL SERVICES TBD On-call Nuisance Abatement Services This Agreement for Professional Services (the “Agreement”) is made and entered into as of Click or tap to enter a date., by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Click or tap here to enter text., a Click or tap here to enter text. ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: On-call Nuisance Abatement Services B. Consultant has submitted to City a proposal, dated Click or tap to enter a date., 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. Page 2 c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the 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 Click or tap here to enter text. dollars (Click or tap here to enter text.) 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. Page 3 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 third- party 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. Page 4 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 Page 5 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 Page 6 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. Page 7 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. Page 8 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: Click or tap here to enter text. Attn: Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. 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. Page 9 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 Page 10 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. Consultant’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant’s Proposal. 30. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. [Signatures on next page] Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. Click or tap here to enter text. “CITY” CITY OF LAKE ELSINORE, a municipal corporation City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Risk Manager “CONSULTANT” Click or tap here to enter text., a Click or tap here to enter text. By: Click or tap here to enter text. Its: Click or tap here to enter text. 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] Discount Hauling - 2021 Page 1 AGREEMENT FOR CONTRACTOR SERVICES DISCOUNT HAULING AND CLEANUP SERVICE EMERGENCY/NON-EMERGENCY NUISANCE ABATEMENT CLEANUP This Agreement for Contractor Services (the “Agreement”) is made and entered into as of Click or tap here to enter text., by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Discount Hauling and Cleanup Service, a California Company ("Contractor"). RECITALS A. The City has determined that it requires the following Contractor services: Emergecny and non-emergency nuisance abatement cleanup. B. Contractor has submitted to City a proposal, dated May 14, 2021, attached hereto as Exhibit A (“Contractor’s Proposal”) and incorporated herein, to provide contractor services to City pursuant to the terms of this Agreement. C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Contractor to perform the services as provided herein and Contractor desires to provide such contractor services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Contractor shall perform the services described in Contractor’s Proposal (Exhibit A). Contractor shall provide such services at the time, place, and in the manner specified in Contractor’s Proposal, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the contractor services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the contractor services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Contractor’s Proposal (Exhibit A). b. Performance Schedule. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Contractor’s Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager. c. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force Page 2 and effect for a period commencing on Click or tap to enter a date. and ending June 30, 2024. 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 $400,000 (Four hundred thousand dollars) 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. Page 3 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 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. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City’s name or insignia, photographs relating to project for which Contractor’s services are rendered, or any publicity pertaining to the Contractor’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. Page 4 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 Page 5 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. Page 6 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 Page 7 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. Page 8 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: Discount Hauling and Cleanup Service Attn: Julio Bustos 29042 Allan St. Lake Elsinore, CA 92532 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. Page 9 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. Page 10 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. [Signatures on next page] Page 11 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 Administrative Services Director “CONTRACTOR” Discount Hauling and Cleanup Service, a California Company By: Julio Bustos Its: Owner Attachments: Exhibit A – Contractor’s Proposal Exhibit B – List of Subcontractors EXHIBIT A EXHIBIT A CONTRACTOR’S PROPOSAL [ATTACHED] May 14, 2021 Discount Hauling and Cleanup Service 29042 Allan St Lake Elsinore, Ca 92532 Lic. # 888074 SCHEDULE OF FEES 1. Junk Trash, and Debris Hauling Per cubic yard $ 60.00 2. Commercial Dump Truck use per job $ 200.00 3. Bob-Cat / Skid Steer per job $ 200.00 4. Pickup Truck and Trailer use per job $ 100.00 5. Dump Fees Actual cost 6. Operator cost per hour $ 30.00 7. Labors Cost per hour $ 20.00 8. Minimum fee per response $ 250.00 WEED ABATEMENT COST Tractor mowing per parcel up to ½ acre $ 200.00 From 1 acre and up $ 250.00 per acre Hand labor depending on amount of hand labor required $ 100.00 on up Hand Labor to include: weed eating along fence lines, obstructions (rocks, utility poles) tree trimming and the removal of overgrown branches and shrubs or anything else that prevents tractor work. Discount Hauling and Cleanup Service 29042 Allan St Lake Elsinore, Ca 92532 Lic. # 888074 ERPERIENCE & QUALIFICATIOS (1) Discount Hauling & Cleanup Service has been in business since 2003, we provide exceptional service at a competitive price for all hauling cleanup and demolition needs. Since 2007 I have been providing various services to the City of Lake Elsinore either as a Contractor or Sub Contractor. From 2015 to present I have been providing hauling and cleanup services working alongside Code Enforcement and the Police cleaning up transient camps and illegal dumping located throughout the City as part of the city’s homeless outreach task force. In 2019 I was asked to take over as the city’s weed abatement contractor performing weed abatement duties at the discretion of the city’s Fire Marshal. Along with nuisance and weed abatement I’ve performed several emergency structure abatements throughout the city and most recently I’ve been involved with the code enforcement efforts to combat illegal indoor marijuana grows by boarding up and securing structures that the Police served search warrants on. (2) Discount Hauling & Cleanup will provide all services relating to but not limited to: nuisance abatement cleanups, transient camp cleanups, demolitions, graffiti, chain link fence repair, board ups, welding, public works projects and much more. (3) Discount Haling & Cleanup owns all of its own equipment needed to provide the above-mentioned services. 2- 40 yards commercial dump trucks, 30 yards trailer w/truck, John Deere skip loader, John Deere brush mower, portable water trailer and all applicable hand tools required to do all the above-mentioned work. Due to the fact I live in the City of Elsinore I can respond to emergencies or the needs of the City within minutes of getting a call out.