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HomeMy WebLinkAboutItem No. 10 - Amend. No. 5 PSA EnviroMine, Inc. Surface Mine Inspection SMARACity Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 21-320 Agenda Date: 9/14/2021 Status: Approval FinalVersion: 1 File Type: Council Consent Calendar In Control: City Council / Successor Agency Agenda Number: 10) Amendment No. 5 to the Professional Services Agreement with EnviroMine, Inc., for Surface Mine Inspection and Compliance Monitoring (SMARA) Approve and authorize the City Manager to execute Amendment No. 5 to the Agreement for Professional Services with EnviroMine, Inc. through June 30, 2024 with annual compensation in the amount of $30,000 annually, not to exceed $90,000 for a three year term and authorize the City Manager to execute the amendment. Page 1 City of Lake Elsinore Printed on 9/9/2021 Page 1 of 2 REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Jason Simpson, City Manager Prepared by: Remon Habib, City Engineer Date: September 14, 2021 Subject: Amendment No. 5 to the Professional Services Agreement with EnviroMine, Inc. for Surface Mine Inspection and Compliance Monitoring (SMARA) Recommendation Approve and authorize the City Manager to execute Amendment No. 5 to the Agreement for Professional Services with EnviroMine, Inc. through June 30, 2024, with annual compensation of $30,000, with a not to exceed $90,000 for a three-year term in substantially the form attached and in such final form as approved by the City Attorney. Background In July 2014, the City Council approved the City’s first contract with EnviroMine, Inc. to provide services related to mining compliance and inspection. EnviroMine, Inc. has continued to provide these services to the City for the past seven years. Annual compensation to EnviroMine, Inc. has been capped at $30,000 without additional City authorization. Discussion The services of EnviroMine, Inc. have been an essential part of the City maintaining its Lead Agency status and performing necessary Lead Agency functions under SMARA. EnviroMine has become an integral part of the compliance monitoring under SMARA, especially with the recent closure of Pacific Clay Maruhachi Ceramics of America (MCA). EnviroMine services necessary to maintain an appropriate and functional Lead Agency program have averaged approximately $30,000 annually. Fiscal Impact Funds for services performed by EnviroMine, Inc. are deposits made to the mine operator’s existing CRS accounts under Municipal Code 14.04.230. Amendment No. 5 - EnviroMine Page 2 of 2 Exhibits A – Amendment No 5 B – Amendment No. 4 C – Amendment No. 3 D – Amendment No. 2 E – Amendment No. 1 F – Original Agreement AMENDMENT NO. 5 TO AGREEMENT FOR PROFESSIONAL SERVICES EnviroMine, Inc. SMARA Inspection and Compliance Monitoring This Amendment No. 5 to Agreement for Professional Services is made and entered into as of 9/14/2021, by and between the City of Lake Elsinore, a municipal corporation (“City), and EnviroMine, Inc., a Corporation (“Consultant”). RECITALS A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 7/1/2014, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Consultant in an amount of Thirty Thousand dollars ($30,000). C. Amendment No. 1, provided for a one (1) year extension commencing as of July 1, 2015 through June 30, 2016 with compensation not to exceed Thirty Thousand Dollars ($30,000). D. Amendment No. 2, provided for a one (1) year extension commencing as of July 1, 2016 through June 30, 2017, with a compensation not to exceed Thirty Thousand Dollars ($30,000). E. Amendment No. 3, provided for a one (1) year extension commencing as of July 1, 2017 through June 30, 2018, with a compensation not to exceed Thirty Thousand Dollars ($30,000). F. Amendment No. 4, provided for a three (3) year extension commencing as of July 1, 2018 through June 30, 2021, with an annual compensation not to exceed Thirty Thousand Dollars ($30,000) for a total compensation during the three year term of Ninety Thousand Dollars ($90,000). G. The parties now desire to amend the scope of services, term and increase the payment for such services as set forth in this Amendment No 5. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows: 1. Section 2, Term, of the Original Agreement is hereby amended to read in its entirety as follows: The term of this Agreement shall commence upon execution of this Agreement and shall continue in full force and effect for a period of three (3) years, commencing on July 1, 2021 and ending on June 30, 2024 2. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Notwithstanding the foregoing, for purposes of Amendment No. 5 and the term thereof, compensation to be paid to Consultant shall be in accordance with the Fifth Extension Term and shall provide that compensation during the Fifth Extension Term shall not exceed Thirty Thousand Dollars ($30,000) annually with a total compensation not to exceed Ninety Thousand Dollars ($90,000) without additional written authorization from the City. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below. “CITY” CITY OF LAKE ELSINORE, a municipal corporation “CONSULTANT” EnviroMine, Inc. City Manager Date: Warren Coalson, President Date: __ ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Director of Administrative Services Attachments: Exhibit A – Amendment No. 4 EXHIBIT A-1 CONSULTANT’S PROPOSAL [ATTACHED] S:\City Clerk\Agreements\DocuSign - Pending Signatures\Environmine\Enviromine Amendment 4 - Exhibit A.docx AMENDMENT NO. 4 TO AGREEMENT FOR PROFESSIONAL SERVICES Enviromine, Inc. SMARA Inspection and Compliance This Amendment No. 4 to Agreement for Professional Services (“Amendment No. 4”) is made and entered into as of July 1, 2018 by and between the City of Lake Elsinore, a municipal corporation (“City), and Enviromine, Inc. (“Consultant”). RECITALS A. The City and Consultant entered into that certain Agreement for Professional Services dated as of July 1, 2014 (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Consultant in an amount not to exceed Thirty Thousand Dollars ($30,000). C. Amendment No 1 provided for a one (1) year extension commencing as of July 1, 2015 through June 30, 2016 (“First Extension Term”) with compensation not to exceed Thirty Thousand Dollars ($30,000) for Consultant services provided to City during the First Extension Term. D. Amendment No 2 provided for a one (1) year extension commencing as of July 1, 2016 through June 30, 2017 (“Second Extension Term”) with compensation not to exceed Thirty Thousand Dollars ($30,000) for Consultant services provided to City during the Second Extension Term. E. Amendment No 3 provided for a one (1) year extension commencing as of July 1, 2017 through June 30, 2018 (“Third Extension Term”) with compensation not to exceed Thirty Thousand Dollars ($30,000) for Consultant services provided to City during the Third Extension Term. F. City and Consultant each desire to enter into this Amendment No 4 commencing as of July 1, 2018 through June 30, 2021 (“Fourth Extension Term”) with annual compensation not to exceed Thirty Thousand Dollars ($30,000) for a total compensation during the Fourth Extension Term of Ninety Thousand Dollars ($90,000). NOW, THEREFORE, incorporating the foregoing recitals herein, and in consideration of the mutual covenants and conditions set forth herein and in the Original Agreement, City and Consultant agree as follows: 1. Section 2, Time of Performance, of the Original Agreement is hereby replaced to read as follows: Unless earlier terminated as provided elsewhere in the Original Agreement, this Amendment No. 4 shall continue in full force and effect for a period of three (3) years, commencing on July 1, 2018 and ending on June 30, 2021 (“Fourth Extension Term”). DocuSign Envelope ID: 024B4B49-E36B-400B-9B1E-EFDD31E562C5 S:\City Clerk\Agreements\DocuSign - Pending Signatures\Environmine\Enviromine Amendment 4 - Exhibit A.docx 2. The provisions of Section 3, Compensation, shall govern the Fourth Extension Term and shall provide that compensation during the Fourth Extension Term shall not exceed Thirty Thousand Dollars ($30,000) annually with total compensation not to exceed Ninety Thousand Dollars ($90,000) without additional written authorization from the City. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 4 to be executed on the respective dates set forth below. “CITY” CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney “CONSULTANT” Enviromine, Inc. Warren Coalson, President Date: Attachments: Exhibit A – Amendment No. 3 DocuSign Envelope ID: 024B4B49-E36B-400B-9B1E-EFDD31E562C5 8/24/2018 | 11:00 AM PDT 8/24/2018 | 11:19 AM PDT EXHIBIT A EXHIBIT A AMENDMENT NO. 3 [ATTACHED] DocuSign Envelope ID: 024B4B49-E36B-400B-9B1E-EFDD31E562C5 AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES Enviromine, Inc. SMARA Inspection and Compliance This Amendment No. 3 to Agreement for Professional Services ("Amendment No. 3") is made and entered into as of July 1, 2017 by and between the City of Lake Elsinore, a municipal corporation ("City), and Enviromine, Inc. ("Consultant"). RECITALS A. The City and Consultant entered into that certain Agreement for Professional Services dated as of July 1, 2014 (the "Original Agreement'). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Consultant in an amount not to exceed Thirty Thousand Dollars ($30,000). C. The term of the Original Agreement was for one (1) year and allows the City to extend the term on an annual basis, for a total of three (3) years. D. Amendment No 1 provided for a one (1) year extension commencing as of July 1, 2015 through June 30, 2016 ("First Extension Term") with compensation not to exceed Thirty Thousand Dollars ($30,000) for Consultant services provided to City during the First Extension Term. E. Amendment No 2 provided for a one (1) year extension commencing as of July 1, 2016 through June 30, 2017 ("Second Extension Term") with compensation not to exceed Thirty Thousand Dollars ($30,000) for Consultant services provided to City during the First Extension Term. F. Notwithstanding the expiration of the Second Extension Term, City and Consultant each desire to enter into this Amendment No. 3 retroactive to July 1, 2017 to include services, if any, provided by Consultant prior to the execution of this Amendment No. 3 and during the one- year extension term as set forth in this Amendment No 3. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows: 1. Section 2, Time of Performance, of the Original Agreement is hereby amended to add the following: Unless earlier terminated as provided elsewhere in the Original Agreement, this Amendment No. 3 shall continue in full force and effect for a period of one (1) year, commencing on July 1, 2017 and ending on June 30, 2018 ("Third Extension Term"). 2. The provisions of Section 3, Compensation, shall govern the Third Extension Term provide that Compensation during the Third Extension Term shall not exceed Fifteen Thousand DocuSign Envelope ID: 024B4B49-E36B-400B-9B1E-EFDD31E562C5 Dollars ($15,000) without additional written authorization from the City. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be executed on the respective dates set forth below. CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant a s, City Manager Date: 6 /I ATTEST: e irkZ2-g APPROVED AS TO FORM: 5en= a-grm_ej City Attorney Attachments: Exhibit A — Amendment No. 2 CONSULTANT" Enviromine, Inc. Warren Coalson, P Date: DocuSign Envelope ID: 024B4B49-E36B-400B-9B1E-EFDD31E562C5 Thousand Dollars ($15,000) without additional written authorization from the City. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be executed on the respective dates set forth below. CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager Date: ATTEST: City Clerk APPROVED TO FORM: City Attome Attachments: Exhibit A — Amendment No. 2 CONSULTANT" Enviromine, Inc. Warren Coals , resident Date: DocuSign Envelope ID: 024B4B49-E36B-400B-9B1E-EFDD31E562C5 4N tNVIK-1 UP ID: MI_ DIYYYY) E (MMID CERTIFICATE OF LIABILITY INSURANCE 1DATE co THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS &: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES u - BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTANAME: Ingrid Van Moppes, CLU SCF Insurance Services, Inc. PHONE FAx - License # 0506662 (q N619-589-0303 (nrL , No : 6119-589-1342 P.O. Box 1300 E-MAIL La Mesa, CA 91944-1300 ADDREss: Inlirld SGflnsurance-com Ingrid Van Moppes, CLU INSURERS AFFORDING COVERAGE NAIC u INSURER A: Hartford Fire Ins. Co. 19682 INSURED Enviromine INSURER B: USSpecialty, Insurance Co Warren Coalson INSURER C : 3511 Camino Del Rio S. #403 San Diego, CA 92108-4021 INSURER D: INSURER E INSURER F AVFRA(;FC rFRTIFIf:ATF IJI IMRFR• Pr-VIRInM NI IMRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. City of Lake Elsinore INSR -AbffL Sm -w- TYPE OF INSURANCELTR _ POLICY NUMBER POLICY EFF POLICY EXP LIMITSMMIDDIYYYYMM/DD/YYYY AUTHORIZED REPRESENTATIVE J A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 2,000,00 CLAIMS -MADE T OCCUR X 72SBAKY5134 DAMAGE TO RE01/04/2018 01/04/2019 PREMISE S[taoccurrance 1,000,00 X Business Owners MED EXP (Any one person) 10,00 PERSONAL &ADV INJURY 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 4,000,00 X POLICY I JIM- LOC PRODUCTS - COMP/OP AGG 4,000,00 OTHER. AUTOMOBILE LIABILITY SINGLE LIMIT 2,000,00 BODILY INJURY (Per person) A ANY AUTO X 72SBAKY5134 01/04/2018 01/04/2019 AEL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) P P TY AXXNON -OWNEDHIREDAUTOSAUTOS peraccl t UMBRELLA LIAB ld OCCUR EACH OCCURRENCE AGGREGATEEXCESSLIABCLAIMS -MADE DEd RETENTION $ WORKERS COMPENSATIONX PE - STATUTE1_19&_ AND EMPLOYERS' LIABILITY YIN E_LEACH ACCIDENT 1,000,00AANYPROPRIETOR/PARTNER/EXECUTIVE 72WECLQ0097 09/01/2017 09/01/2018 OFFICER/MEMBER EXCLUDED? Mandatory in NH) N / A E L DISEASE - EA EMPLOYEE 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below 1,000,00E.L DISEASE - POLICY LIMIT B Drone Liability UV600023802 04/24/2017' 04/24/2018 Liability I 2,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) City of Lake Elsinore, its officers officials, employees, agents and volunteers are additional insured rFRTIGIreTF Hnl n1=F7 r'O11Lr'FI I ai,in J CITYLAK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lake Elsinore ACCORDANCE WITH THE POLICY PROVISIONS. 130 South Main Street Lake Elsinore, CA 92530 AUTHORIZED REPRESENTATIVE J 1988-2014 AGORD GOKPQRATIUN. All rights reserveU. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 024B4B49-E36B-400B-9B1E-EFDD31E562C5 S:\City Clerk\Agreements\DocuSign - Pending Signatures\Environmine\Enviromine Amendment 4 - Exhibit A.docx AMENDMENT NO. 4 TO AGREEMENT FOR PROFESSIONAL SERVICES Enviromine, Inc. SMARA Inspection and Compliance This Amendment No. 4 to Agreement for Professional Services (“Amendment No. 4”) is made and entered into as of July 1, 2018 by and between the City of Lake Elsinore, a municipal corporation (“City), and Enviromine, Inc. (“Consultant”). RECITALS A. The City and Consultant entered into that certain Agreement for Professional Services dated as of July 1, 2014 (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Consultant in an amount not to exceed Thirty Thousand Dollars ($30,000). C. Amendment No 1 provided for a one (1) year extension commencing as of July 1, 2015 through June 30, 2016 (“First Extension Term”) with compensation not to exceed Thirty Thousand Dollars ($30,000) for Consultant services provided to City during the First Extension Term. D. Amendment No 2 provided for a one (1) year extension commencing as of July 1, 2016 through June 30, 2017 (“Second Extension Term”) with compensation not to exceed Thirty Thousand Dollars ($30,000) for Consultant services provided to City during the Second Extension Term. E. Amendment No 3 provided for a one (1) year extension commencing as of July 1, 2017 through June 30, 2018 (“Third Extension Term”) with compensation not to exceed Thirty Thousand Dollars ($30,000) for Consultant services provided to City during the Third Extension Term. F. City and Consultant each desire to enter into this Amendment No 4 commencing as of July 1, 2018 through June 30, 2021 (“Fourth Extension Term”) with annual compensation not to exceed Thirty Thousand Dollars ($30,000) for a total compensation during the Fourth Extension Term of Ninety Thousand Dollars ($90,000). NOW, THEREFORE, incorporating the foregoing recitals herein, and in consideration of the mutual covenants and conditions set forth herein and in the Original Agreement, City and Consultant agree as follows: 1. Section 2, Time of Performance, of the Original Agreement is hereby replaced to read as follows: Unless earlier terminated as provided elsewhere in the Original Agreement, this Amendment No. 4 shall continue in full force and effect for a period of three (3) years, commencing on July 1, 2018 and ending on June 30, 2021 (“Fourth Extension Term”). DocuSign Envelope ID: 024B4B49-E36B-400B-9B1E-EFDD31E562C5 S:\City Clerk\Agreements\DocuSign - Pending Signatures\Environmine\Enviromine Amendment 4 - Exhibit A.docx 2. The provisions of Section 3, Compensation, shall govern the Fourth Extension Term and shall provide that compensation during the Fourth Extension Term shall not exceed Thirty Thousand Dollars ($30,000) annually with total compensation not to exceed Ninety Thousand Dollars ($90,000) without additional written authorization from the City. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 4 to be executed on the respective dates set forth below. CITY” CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CONSULTANT” Enviromine, Inc. Warren Coalson, President Date: Attachments: Exhibit A – Amendment No. 3 DocuSign Envelope ID: 024B4B49-E36B-400B-9B1E-EFDD31E562C5 8/24/2018 | 11:00 AM PDT 8/24/2018 | 11:19 AM PDT EXHIBIT A EXHIBIT A AMENDMENT NO. 3 ATTACHED] DocuSign Envelope ID: 024B4B49-E36B-400B-9B1E-EFDD31E562C5 AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES Enviromine, Inc. SMARA Inspection and Compliance This Amendment No. 3 to Agreement for Professional Services ("Amendment No. 3") is made and entered into as of July 1, 2017 by and between the City of Lake Elsinore, a municipal corporation ("City), and Enviromine, Inc. ("Consultant"). RECITALS A. The City and Consultant entered into that certain Agreement for Professional Services dated as of July 1, 2014 (the "Original Agreement'). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Consultant in an amount not to exceed Thirty Thousand Dollars ($30,000). C. The term of the Original Agreement was for one (1) year and allows the City to extend the term on an annual basis, for a total of three (3) years. D. Amendment No 1 provided for a one (1) year extension commencing as of July 1, 2015 through June 30, 2016 ("First Extension Term") with compensation not to exceed Thirty Thousand Dollars ($30,000) for Consultant services provided to City during the First Extension Term. E. Amendment No 2 provided for a one (1) year extension commencing as of July 1, 2016 through June 30, 2017 ("Second Extension Term") with compensation not to exceed Thirty Thousand Dollars ($30,000) for Consultant services provided to City during the First Extension Term. F. Notwithstanding the expiration of the Second Extension Term, City and Consultant each desire to enter into this Amendment No. 3 retroactive to July 1, 2017 to include services, if any, provided by Consultant prior to the execution of this Amendment No. 3 and during the one- year extension term as set forth in this Amendment No 3. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows: 1. Section 2, Time of Performance, of the Original Agreement is hereby amended to add the following: Unless earlier terminated as provided elsewhere in the Original Agreement, this Amendment No. 3 shall continue in full force and effect for a period of one (1) year, commencing on July 1, 2017 and ending on June 30, 2018 ("Third Extension Term"). 2. The provisions of Section 3, Compensation, shall govern the Third Extension Term provide that Compensation during the Third Extension Term shall not exceed Fifteen Thousand DocuSign Envelope ID: 024B4B49-E36B-400B-9B1E-EFDD31E562C5 Dollars ($15,000) without additional written authorization from the City. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be executed on the respective dates set forth below. CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant a s, City Manager Date: 6 /I ATTEST: e irkZ2-g APPROVED AS TO FORM: 5en= a-grm_ej City Attorney Attachments: Exhibit A — Amendment No. 2 CONSULTANT" Enviromine, Inc. Warren Coalson, P Date: DocuSign Envelope ID: 024B4B49-E36B-400B-9B1E-EFDD31E562C5 Thousand Dollars ($15,000) without additional written authorization from the City. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be executed on the respective dates set forth below. CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager Date: ATTEST: City Clerk APPROVED TO FORM: City Attome Attachments: Exhibit A — Amendment No. 2 CONSULTANT" Enviromine, Inc. Warren Coals , resident Date: DocuSign Envelope ID: 024B4B49-E36B-400B-9B1E-EFDD31E562C5 4N tNVIK-1 UP ID: MI_ DIYYYY) E (MMID CERTIFICATE OF LIABILITY INSURANCE 1DATE co THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS &: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES u - BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTANAME: Ingrid Van Moppes, CLU SCF Insurance Services, Inc. PHONE FAx - License # 0506662 (q N619-589-0303 (nrL , No : 6119-589-1342 P.O. Box 1300 E-MAIL La Mesa, CA 91944-1300 ADDREss: Inlirld SGflnsurance-com Ingrid Van Moppes, CLU INSURERS AFFORDING COVERAGE NAIC u INSURER A: Hartford Fire Ins. Co. 19682 INSURED Enviromine INSURER B: USSpecialty, Insurance Co Warren Coalson INSURER C : 3511 Camino Del Rio S. #403 San Diego, CA 92108-4021 INSURER D: INSURER E INSURER F AVFRA(;FC rFRTIFIf:ATF IJI IMRFR• Pr-VIRInM NI IMRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. City of Lake Elsinore INSR -AbffL Sm -w- TYPE OFINSURANCELTR _ POLICY NUMBER POLICY EFF POLICY EXP LIMITSMMIDDIYYYYMM/DD/YYYY AUTHORIZED REPRESENTATIVE J A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 2,000,00 CLAIMS -MADE T OCCUR X 72SBAKY5134 DAMAGE TORE01/04/2018 01/04/2019 PREMISE S[taoccurrance 1,000,00 X Business Owners MED EXP (Any one person) 10,00 PERSONAL &ADV INJURY 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 4,000,00 X POLICY I JIM- LOC PRODUCTS - COMP/OP AGG 4,000,00 OTHER. AUTOMOBILE LIABILITY SINGLE LIMIT 2,000,00 BODILY INJURY (Per person) A ANY AUTO X 72SBAKY5134 01/04/2018 01/04/2019 AEL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) P P TYAXXNON -OWNEDHIREDAUTOSAUTOS peraccl t UMBRELLA LIAB ld OCCUR EACH OCCURRENCE AGGREGATEEXCESSLIABCLAIMS -MADE DEd RETENTION $ WORKERS COMPENSATIONX PE - STATUTE1_19&_ AND EMPLOYERS' LIABILITY YIN E_LEACH ACCIDENT 1,000,00AANYPROPRIETOR/PARTNER/EXECUTIVE 72WECLQ0097 09/01/2017 09/01/2018 OFFICER/MEMBER EXCLUDED? Mandatory in NH) N / A E L DISEASE - EA EMPLOYEE 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below 1,000,00E.L DISEASE - POLICY LIMIT B Drone Liability UV600023802 04/24/2017' 04/24/2018 Liability I 2,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) City of Lake Elsinore, its officers officials, employees, agents and volunteers are additional insured rFRTIGIreTF Hnl n1=F7 r'O11Lr'FI I ai,in J CITYLAK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lake Elsinore ACCORDANCE WITH THE POLICY PROVISIONS. 130 South Main Street Lake Elsinore, CA 92530 AUTHORIZED REPRESENTATIVE J 1988-2014 AGORD GOKPQRATIUN. All rights reserveU. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 024B4B49-E36B-400B-9B1E-EFDD31E562C5 AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES Enviromine, Inc. SMARA Inspection and Compliance This Amendment No. 3 to Agreement for Professional Services ("Amendment No. 3") is made and entered into as of July 1, 2017 by and between the City of Lake Elsinore, a municipal corporation ("City), and Enviromine, Inc. ("Consultant"). RECITALS A. The City and Consultant entered into that certain Agreement for Professional Services dated as of July 1, 2014 (the "Original Agreement'). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Consultant in an amount not to exceed Thirty Thousand Dollars ($30,000). C. The term of the Original Agreement was for one (1) year and allows the City to extend the term on an annual basis, for a total of three (3) years. D. Amendment No 1 provided for a one (1) year extension commencing as of July 1, 2015 through June 30, 2016 ("First Extension Term") with compensation not to exceed Thirty Thousand Dollars ($30,000) for Consultant services provided to City during the First Extension Term. E. Amendment No 2 provided for a one (1) year extension commencing as of July 1, 2016 through June 30, 2017 ("Second Extension Term") with compensation not to exceed Thirty Thousand Dollars ($30,000) for Consultant services provided to City during the First Extension Term. F. Notwithstanding the expiration of the Second Extension Term, City and Consultant each desire to enter into this Amendment No. 3 retroactive to July 1, 2017 to include services, if any, provided by Consultant prior to the execution of this Amendment No. 3 and during the one- year extension term as set forth in this Amendment No 3. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows: 1. Section 2, Time of Performance, of the Original Agreement is hereby amended to add the following: Unless earlier terminated as provided elsewhere in the Original Agreement, this Amendment No. 3 shall continue in full force and effect for a period of one (1) year, commencing on July 1, 2017 and ending on June 30, 2018 ("Third Extension Term"). 2. The provisions of Section 3, Compensation, shall govern the Third Extension Term provide that Compensation during the Third Extension Term shall not exceed Fifteen Thousand Dollars ($15,000) without additional written authorization from the City. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be executed on the respective dates set forth below. CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant a s, City Manager Date: 6 /I ATTEST: e irkZ2-g APPROVED AS TO FORM: 5en= a-grm_ej City Attorney Attachments: Exhibit A — Amendment No. 2 CONSULTANT" Enviromine, Inc. Warren Coalson, P Date: Thousand Dollars ($15,000) without additional written authorization from the City. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be executed on the respective dates set forth below. CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager Date: ATTEST: City Clerk APPROVED TO FORM: City Attome Attachments: Exhibit A — Amendment No. 2 CONSULTANT" Enviromine, Inc. Warren Coals , resident Date: EXHIBIT A AMENDMENT NO. 2 ATTACHED] EXHIBIT A AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES Enviromine, Inc. SMARA Inspection and Compliance This Amendment No. 2 to Agreement for Professional Services ("Amendment No. 2") is made and entered into as of July 1, 2016 by and between the City of Lake Elsinore, a municipal corporation ("City), and Enviromine, Inc. ("Consultant"). RECITALS A. The City and Consultant entered into that certain Agreement for Professional Services dated as of July 1, 2014 (the "Original Agreement"). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Consultant in an amount not to exceed Thirty Thousand Dollars ($30,000). C. The term of the Original Agreement was for one (1) year and allows the City to extend the term on an annual basis, for a total of three (3) years. D. Amendment No 1 provided for a one (1) year extension commencing as of July 1, 2015 through June 30, 2016 ("First Extension Term") with compensation not to exceed Thirty Thousand Dollars ($30,000) for Consultant services provided to City during the First Extension Term. E. Notwithstanding the expiration of the First Extension Term, City and Consultant each desire to enter into this Amendment No. 2 retroactive to July 1, 2016 to include services, if any, provided by Consultant prior to the execution of this Amendment No.2 and during the one- year extension term as set forth in this Amendment No 2. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows: 1. Section 2, Time of Performance, of the Original Agreement is hereby amended to add the following: Unless earlier terminated as provided elsewhere in the Original Agreement, this Amendment No. 2 shall continue in full force and effect for a period of one (1) year, commencing on July 1, 2016 and ending on June 30, 2017 ("Second Extension Term"). The City may, in its sole discretion, extend the term for one additional twelve (12) month renewal term consistent with the terms of the Original Agreement. Such renewal term may be exercised by the City Manager. 2. The provisions of Section 3, Compensation, shall govern the Second Extension Term. As such, Compensation during the Second Extension Term shall not exceed Thirty Thousand Dollars ($30,000) without additional written authorization from the City. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed on the respective dates set forth below. CITY" CITY OF LAKE ELSINORE, a municipal corporation Z-"- -- Grant Yate, ity Manager Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney of Attachments: Exhibit A — Original Agreement Exhibit B — Amendment No 1 CONSULTANT" Enviromine, Inc. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed on the respective dates set forth below. CITY" "CONSULTANT" CITY OF LAKE ELSINORE, a municipal Enviromine, Inc. corporation Warren Coalson, President Grant Yates, City Manager Date: Date: ATTEST: City Clerk Attachments: Exhibit A — Original Agreement Exhibit B — Amendment No 1 N ENVIR-1 OP ID: PK 4Ca'p CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) rte_- 1111512017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endursed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsementts). CONTACT PRODUCER _NAME: In rid Van Mo es, CLU SCF Insurance Services, Inc. poNE 619 589-0303 A1C N,:619-589-1342 License # 0606662 fl( No. E P.O. Box 1300 A orass: in rid scflnsurance.com La Mr.sa, CA 91944-1300 ingrid Van Moppes, CLU IN BjAFFORDING COVERAGE NAIC p INSURERA: Hartford Fire Ins. Co. 19682 INSURED Enviromine, Inc. INSURER B:US.SJ ecialty Insurance Co Warren Coalson INSURERC' 3511 Camino Del Rio S. #403 San Diego, CA 92108-4021 INsukE R D INSURER E : EINSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS I5 TO CERTIFY THAT THE I'(-,LICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE ' A001:15 POLICY NUMBER MMA]D MMIDOIYYYY LIMITS LA X COMMERCIAL GENERAL LIABILITY EACH LAX_.LIRRENGE $ 2,000,0( CLAIMS -MADE occuR X 72SBAKY5134 0110412017 01104/2018 i,F I 5E UEaflsurr $ 1,000,0( MED EXP tArry. ane yi90*p $ 10,0( DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) amity of Lake Elsinore, its officers officials, employees, agents and oalunteers are additional Insured nr.rnrr r nTrnu CITYLAK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PERSONAL & ADV INJURY $ 2,000,1 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Lake Elsinore GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 4,000, PRODUCTS- COMPIOP AGG $ 4,000,E Lake Elsinore, CA 92530 X POLICY Q PE' F LOC C'Ti IEP. AUTOMOBILE LIABILITY LE I• WIT $ 2,000, Eaic• ertG ii' BODILY INJURY (Pei person) $ ANY AUTO X 72SBAKY5134 01/04/2017 01104/2018 BODILY INJURY (Per accident) $ ALL OWNED[SCHEDULED S AUTOSOWNEDD(• X HIRTEOD AUTOS NONG it[{1 Y R 8'".A $ UMBRELLA LIAR EACH OCCURRENCE $ AGGREGATE $ HOCCUR EXCESS LIAB CLAIMS -MADE f- RETENTIONS WOMCERS COMf'ENSA PON AND EMPLOYERS' LIABILITY ANY PROPRIETOR/pARTNERIEXECUTIVE YIN OFFICERIMEMBER EXCLUDED Mandatory In NH) If •1•=- describe under1,0, DE_i.p'IF[ rl ,!F .=.PERA'ri]Ns t&elow X STA R A NIA 72WEC L00097 09/01/2017 09/01/2018 E L EACH ACCIDENT $ 1,000, E L DISEASE - EA EMPLOYEE $ 1,000, EL DISEASE -POLICY LIMIT 'C 00 B Drone Liability UV500023802 04124/2017 04/2412018 ILiability 2.000, DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) amity of Lake Elsinore, its officers officials, employees, agents and oalunteers are additional Insured nr.rnrr r nTrnu ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD CITYLAK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Lake Elsinore 130 South Main Street AUTHORIZED REPRESENTATIVE Lake Elsinore, CA 92530 ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD AMENOMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES Enviromine, lnc. SMARA lnspection and Compliance This Amendment No. 2 to Agreemenl for Professional Services ("Amendment No. 2") is made and entered into as of July 1, 2016 by and between the City of Lake Elsinore, a municipal corporation ("City), and Enviromine, lnc. ("Consultant"). RECITALS A. The City and Consultant entered into that certain Agreement for Professional Services dated as of July 1, 2014 (the "Original Agreement"). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Consultant in an amount not to exceed Thirty Thousand Dollars ($30,000). C. The term of the Original Agreement was for one (1) year and allows the City to extend the term on an annual basis, for a total of three (3) years. D. Amendment No 1 provided for a one (1) year extension commencing as of July 1, 2015 through June 30, 2016 ("First Extension Term") with compensation not to exceed Thirty Thousand Dollars ($30,000) for Consultant services provided to City during the First Extension Term. E. Notwithstanding the expiration of the First Extension Term, City and Consultant each desire to enter into this Amendment No. 2 retroactive to July 1, 2016 to include services, if any, provided by Consultant prior to the execution of this Amendment No.2 and during the one- year extension term as set forth in this Amendment No 2. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows: 1 . Section 2, Time of Performance, of the Original Agreement is hereby amended to add the following: Unless earlier terminated as provided elsewhere in the Original Agreement, this Amendment No. 2 shall continue in full force and effect for a period of one (1) year, commencing on July 1, 2016 and ending on June 30, 2017 ("Second Extension Term"). The City may, in its sole discretion, extend the term for one additional twelve (12) month renewal term consistent with the terms of the Original Agreement. Such renewal term may be exercised by the City Manager. 2. The provisions of Section 3, Compensation, shall govern the Second Extension Term. As such, Compensation during the Second Extension Term shall not exceed Thirty Thousand Dollars ($30,000) without additional written authorization from the City. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. lN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed on the respective dates set forth below. CITY' CITY OF LAKE ELSINORE, a municipal corporation CONSULTANT' o^r", /o/rr/( ATTEST:& City Clerk APPROVED AS TO FORM: lzz npf/ ,1zz/1 City Attorney / J Attachments: Exhibit A - Original Agreement Exhibit B - Amendment No 1 3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. lN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed on the respective dates set forth below. CITY' ' CONSULTANT' CITY OF LAKE ELSINORE, a municipal Enviromine, lnc. corporation Grant Yates, City Manager Date: ATTEST: Attachments: Exhibit A - Original Agreement Exhibit B - Amendment No 1 Wanen Coalson, President Date: City Clerk ENVIR-1 OP ID: IVACORD'\---CERTIFICATE OF LIABILITY INSURANCE DATE (MM'DOI/YYN 101'12120'16 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOER. THIS CERTIFICATE DOES NOT AFFIRMATIVETY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFOROED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CER'I'IFICATE HOLDER. IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. lf SUBROGATION lS WAIVED, subJect to the terms and conditions of the pollcy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such €ndorsement(s). PRODUCER SCF lnsurance Services, lnc. License # 0606662 P.O. Box1300 La Mesa, CA 91 944-1 300 lngrid Van Moppes, CLU F,Xfif'' lngrid Van Moppes, CLU fa53.f". E,0,619-589{303 | lia. N"), 619-589-1342 E#t="", inqrid @scfinsu rance.com INSURER(S} AFFO RDING COVERAG E NAIC I tNsuRERA:Hartford Fire lns. co.1 9682 rNsuREo EnVifOm ine Wanen Coalson 3511 Camino Del Rio S. #403 San Diego, CA 921084021 INSURER B: INSURER C: INSURER D: INSURER E : INSURER F I COVERAGES ,TE THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABCVE FOR THE POLICY PERIOD INDICATED. NOTWtIHSTANDING ANY REQUIREMENT, TERM OR COI,IDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN TYPE OF INSUMNCE NSn POLICY NUMBER LIMITS A COMMERCIAL GENERAL LIABITITY- l..0,*rr^0. ]Xlo..r, Business Owners x r25BAKY51 34 01t04t2016 01tMt2017 EACH OCCURRENCE s 2,000,00( DAMAOETORENTTIJ PREMI SES (Ea occurrencel s 1,000,00( MED EXP (Any one person)$10,00( PERSONAL & ADV INJURY s 2,000,00( oEr. E l'L AGOREGATE Lll'r1lT APPLIES PER o,,., [-l ffi l-1,-o. GENERAL AGGREGATE s 4,000,00( PRODUCTS- COMP/OP AGG s 4,000,00( A AUI . OIilOBILE LIABILITY ANY AUTO ALLOWNED IISCHEDULEDAUTOSIIAUTOS HTREDAUTos I x I l8i"g*"to tt x r2sBAKY5134 01t04t2016 01tMt2017 MBINED SINGLE LllvllT r accident)$ 1,000,00( BODILY INJURY (Per person)$ BOOILY INJURY (Per accidenr)$ x PROPERTY DAMAGE Per accident)$ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE EACH OCCURRENCE I AGGREGATE $ DED I IRETENTION$$ A w(JtttH{s guiil,ENUA ItuNAT0EHPLOYERS'LtABtLtTY Y'N ANY PROPRIETOR/PARTNER,E)GCUTIVE r- OFFICER/MEiVIBER EXCLUDED? L( Handatory in NH) lF yes describe under DESCRIPTION OF OPERATIONS beIoW N'A 72WECLO0097 09/01 /201 6 o9to1t2017 A I qTATIITF E L EACH ACCIDENT $1,000,00( E L DISEASE. EA EMPLOYEE s 1,000,00( E,L DISEASE. POLICY LIMIT s 1,000,00( A :OMMERACIAL 25BAKY5134 01t04t2016 01t0/.t2017 PROPERW 113,00( DESCRIPTION OF OPERAIOiIS , LOCATIONS , VEIICLES 6CORD 101 , Additional Rrmarks Schedule, may be attachod if morc spacc is roquired) libr of Lake Elsinore, its officers, offlcials, employees, agents and r'o[unteers are additional insured CANCELLA' CITYLAK City of Lake Elsinore Attn: Vince Damasse 130 South Main Street Lake Elsinore, CA 92530 EHOULD ANY OF THE ABOVE DESCR]BED POLICIES BE CANCELLED BEFORE IHE EXPIRATION DATE IHEREOF, NOllCE WILL BE DELIVERED IN ACCORDAT{CE WIITI THE POLICY PROVISIOT{S. AUTI{ORIZED REPRESEI.ITATIVE J*e*.A. U-, @ 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks ofACORDACORD25 (2O14lO1l I I I I TH!S ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM C. Who is an insured in the BUSINESS LIABILITY or losses covered under the BUSINESS C. Who is an insured in the BUSINESS LIABILITY ForlossescoveredunderlheBUS|NESS COVERAGE FORM is amended to include as an LlABlLlTYCOVEMGEofthispolhythisinsuranceis insured he person or organization shown in fie Primarilytoothervalidandcollectiveinsurancewhichis Declaralions but only with respect to liability arising available tothe person or organization our of the operations of the namod lnsured. Shown in the Declarations as an Additional insured. City of Lake Elsinore, its officers, officials, employees, agents and volunteers are additional insured CITY OF LAKE LSINORE -�L �1J DREAM EXTREME m August 31, 2015 Environmine, Inc. Attention: Warren Coalson, President 3511 Camino Del Rio South, Suite 403 San Diego, CA 92108 RE: REVISION to AMENDMENT NO.1 to PROFESSIONAL SERVICES AGREEMENT Dear Mr. Coalson: Enclosed are two (2) revised Amendment No. 1 Professional Services Agreement for SMARA Inspection and Compliance. Please initial the new paragraph regarding compensation on both copies of the agreement and return one original back to us for our files. If you have any questions regarding the revision, you may contact out City Attorney directly at the information provided below. City Attorney: Barbara Leibold (949) 457-6300 Sincerely, Diana Gir6n Acting City Clerk Enclosure cc: Barbara Leibold 951.674.3124 130 S. MAIN SLREET LAKE EL.SINORE,CA 92530 WWW.LAKE-ELSINORE.OR� AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES Enviromine, Inc. SMARA Inspection and Compliance This Amendment No. 1 to Agreement for Professional Services ("Amendment No. V) is made and entered into as of July 1, 2015 by and between the City of Lake Elsinore, a municipal corporation ("City), and Enviromine, Inc. ("Consultant'). RECITALS A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of July 1, 2014 (the "Original Agreement'). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Consultant in an amount not to exceed Thirty Thousand dollars ($30,000). C. The term of the Original Agreement was for one (1) year and allows the City to extend the term on an annual basis, for a total of three (3) years. D. The parties now desire to extend the term for such services as set forth in this Amendment No 1. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows: 1. Section 2, Time of Performance, of the Original Agreement is hereby amended to add the following: Unless earlier terminated as provided elsewhere in the Original Agreement, this Amendment No. 1 shall continue in full force and effect for a period of one (1) year, commencing on July 1, 2015 and ending on June 30, 2016. The City may, at its sole discretion, extend the term of this Agreement on an annual basis not to exceed one (1) additional annual renewal term, such notice to be exercised by the City Manager. 3 i2' Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 2. Section 3. Compensation of the Agreement is hereby amended to add the following: Notwithstanding the foregoing, for purposes of Amendment No. 1 and the term thereof, compensation to be paid to Consultant pursuant to this Agreement shall be increased by an amount not to exceed Thirty Thousand Dollars and no cents ($30,000) for SMARA Inspection and compliance consulting services. CITY OF LADE LSMOPE DRFAM EXTREME August 13, 2015 Environmine, Inc. Attention: Warren Coalson, President 3511 Camino Del Rio South, Suite 403 San Diego, CA 92108 RE: AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT Dear Mr. Coalson: Enclosed for your files, please find your copy of Amendment No. 1 to the Professional Services Agreement for SMARA Inspection and Compliance. Please do not hesitate to give us a call should you have any questions. Sincerely, Diana Giron Acting City Clerk Enclosure CC' Engineering Division Administrative Services Department 951.674.3124 130 S. MAIN STREET LAKE ELSINORE,CA 92530 WWW.LAKE-FL5INORF.0RG AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES Enviromine, Inc. SMARA Inspection and Compliance This Amendment No. 1 to Agreement for Professional Services ("Amendment No. 1") is made and entered into as of July 1, 2015 by and between the City of Lake Elsinore, a municipal corporation ("City), and Enviromine, Inc. ("Consultant"). RECITALS A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of July 1, 2014 (the "Original Agreement"). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Consultant in an amount not to exceed Thirty Thousand dollars ($30,000). C. The term of the Original Agreement was for one (1) year and allows the City to extend the term on an annual basis, for a total of three (3) years. D. The parties now desire to extend the term for such services as set forth in this Amendment No 1. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows: 1. Section 2, Time of Performance, of the Original Agreement is hereby amended to add the following: Unless earlier terminated as provided elsewhere in the Original Agreement, this Amendment No. 1 shall continue in full force and effect for a period of one (1) year, commencing on July 1, 2015 and ending on June 30, 2016. The City may, at its sole discretion, extend the term of this Agreement on an annual basis not to exceed one (1) additional annual renewal term, such notice to be exercised by the City Manager. 2. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below. "CITY" "CONSULTANT" CITY OF LAKE ELSINORE, a municipal Enviromine, Inc. corporation r Warren Coalson, re ' ent Gra t Yates, y nager Date: z1 l Date: ATTEST: AcJ;P cif erk J APPRqPED AS TO F M: Cit ttorney Attachments: Exhibit B —Original Agreement EXHIBIT B ORIGINAL AGREEMENT [ATTACHED] EXHIBIT B EXHIBIT B ATTACHMENT A AGREEMENT FOR PROFESSIONAL_SERVICES This Agreement for Professional Services (the "Agreement")is made and entered into as of the 1st day of JuIV_, 2014 , by and between the City of Lake Elsinore, a municipal corporation ("City") and Enviromine Inc, a ("Consultant"). RECITALS A. City desires to retain Consultant to perform SMARA Inspection and Compliance services in the City and Consultant desires to provide such professional services and related work as set forth in this Agreement. B. 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. AGREEMENT 1. Scope of Services. Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue [until completed in accordance with the schedule set forth in the Scope of Work (Exhibit A)] or[for a period of one year. Professional services as described in Exhibit A may be extended at the discretion of the City on an annual basis for a total of three (3) years.] 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed $ 30,000 without additional written authorization from the City. Expenses set forth in Exhibit B shall be reimbursed at cost without an inflator or administrative charge; provided however that approved sub consultants listed in Exhibit D may be billed at cost plus 10%. 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 submit monthly billings to City describing the work performed during the preceding month. 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 30 days after approval of the monthly invoice by City staff. When payments made by City equal 90%of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City. 5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work, As used herein, "Extra Work" means any work which is Pagel EXHIBIT B determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services. 6. Termination. This Agreement maybe terminated by the City immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. 7. 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 acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect(including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by 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. Page 2 EXHIBIT B b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer ,program data, input record data, written information, and other Documents&Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Consultant's Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon,the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest, 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed,shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. 10. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which Page 3 EXHIBIT B 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).) 11. 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. 12. Compliance with laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. 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. 14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect(including any and all costs and expenses in connection therein), arising out of the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, 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 Page 4 EXHIBIT B 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 complete and submit to the City a Certificate of Exemption from Workers Compensation Insurance in the form attached hereto as 'Exhibit C. 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_ 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. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations 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, The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. Page 5 EXHIBIT B iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option„ Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: Vince Damasse 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Warren Coalson - President Enviromine Inc 3511 Camino Del Rio South, Suite 403 San Diego,_CA 92108 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18, Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19. 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 D. 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 Page 6 EXHIBIT B performed under this Agreement except as provided in Exhibit D 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. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and 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. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27. 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 Page 7 EXHIBIT B with City, shall have any direct interest in this Agreement, or obtain any present or anticipated mates ial benefit arising therefrom. 28. 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. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above, CITY OF LAKE ELSINORE: CONSULTANT: By: A4-- By:U��r,ll.VAk Printed N e; ^ ct'r Printed Name; NA& L.Sor4 Title: Cc ja Title:" 5 � —r Business License#M1190 APP VED AS TO LFM: AT T ST: CIVAttorney Cy C erk Attachments: Exhibit A- Scope of Services Exhibit B- Fee Schedule Exhibit C- Certificate of Exemption from Workers' Compensation Insurance Exhibit D-- List of Subcontractors Page 8 EXHIBIT B EXHIBIT"A" SCOPE OF SERVICES Page 9 EXHIBIT B 4.0 Scope of Services The Scope of Services is proposed to include the following tasks: A. File Review/Site Familiarity Prior to arriving at the mining sites to conduct inspections, EnviroMINE will complete a thorough review recent inspections and all pertinent information relating to approvals for the project. This review provides the inspector with the necessary background to allow for a thorough inspection of the site. File review 1 will include the approved reclamation plan, use permit, environmental documentation, and any other documents important to the site inspection. EnviroMINE has provided SMARA services and conducted Annual Inspections on the mines in Lake Elsinore since 2009 and is very familiar with history of i each site. If there has been any information submitted to the City by the operators or any actions taken regarding the mines since the 2013 inspections, the City of Lake Elsinore is responsible for providing EnviroMINE with the updated documentation.. B. Inspections It should be the goal of any inspection program to work as a problem solving tool. Not only are mine inspectors responsible for reviewing mining operations for compliance, the inspector must also serve as an ambassador of the lead agency. At times there are disagreements with the requirements of approval conditions and mitigation measures. The inspector will be charged with interpreting and finding solutions to these problems. For this reason, it is important to develop a cordial working relationship with the mine operator. In most cases, solutions should be arrived at in the field with the mine operator. This approach will result in fewer complaints for the lead agency and assure implementation of all compliance conditions. EnviroMINE will perform the inspections for operations within the City of Lake Elsinore. This will include contacting the mine operators to set up a date and time to inspect the site for compliance with the Use Permit, CEQA mitigation measures, and Reclamation Plan. At least 10 days in advance of the inspection, EnviroMlNE will provide written notice of the schedule to the operator. In some instances, it may be necessary to return to the site to follow-up on deficiencies noted in the site inspection. Where deficiencies are noted, the mine inspector may be required to specifically identify violations and note these oil inspection reports. Should this occur, SMARA allows mine operators 30 days to correct deficiencies before being re-inspected. EnviroMINE understands the benefits to developing cooperative working relationships between the mine operator and the Lead Agency. As such, we will attempt to allow the operator to correct any deficiencies in the field on the day of the inspection. If satisfactory resolution cannot be reached in the field, we will consult with City staff to gain direction for further action. If a Notice of 6 EXHIBIT B Violation (NOV) is necessary, EnviroMINE will provide the City a draft version of the NOV for issuance by the City to the operator. Depending on the cause of action, additional time may be required to work with the City and operator to address the violation(s). C. Financial Assurance Review Annual review of financial assurances is required by SMARA to insure that adequate surety is available should the operator default on the reclamation requirements. Review and adjustment of financial assurances can be time consuming. This depends, in large part, on the operator's willingness to provide adequately detailed and justified estimates. EnviroMINE is uniquely qualified to review financial assurances. EnviroMINE authored the estimating procedure utilized by the State Mining and Geology Board as adopted in their Financial Assurance Guidelines and updates over 80 financial assurance cost estimates each year for private operators. D. Inspection Reports Site Inspection Reports shall be completed on the forms provided for this purpose by the State Department of Mines and Geology. The state form is referred to as form MRRC-1 (7/13). Other items to be included with the report would include a listing of problem areas and issues of potential variance from the conditions of the use permit for the mining operation. Where problem areas are identified (e.g. accelerated erosion) suggested steps for correcting the problem will be listed. This information may then be used by the operator and the City to assist with implementing corrective measures. The City of Lake Elsinore is recognized as the lead agency with ultimate authority for direction and content of information included in the inspection reports. Inspection reports will be completed and submitted to the City within 27 days following individual mine site inspections. Each inspection report will be prepared in triplicate and submitted to the City for review and approval. An electronic copy in pdf format will also be provided, which will included all supporting documentation. E. Other SMARA Related Assignments EnviroMINE staff will be available on an as needed basis to support the City in all SMARA related items when requested. Work may include. • Review of Conditional Use Permits, Reclamation Plans, Reclamation Plan Amendments, Interim Management Plans, Financial.Assurance estimates and financial mechanisms. • Periodic site visits to operating or closed sites 7 EXHIBIT B * Review and become familiar with all pertinent data on the quarries and mines including but not limited to location, geology, existing use permit, prior annual reports, financial assurance estimate and mechanism, reclamation plan or interim management plan submitted by the operators or provided by the State. * Attend meetings, conference calls and Council/Commission meetings as requested by appropriate Engineering staff. EnviroMlNE understands that these may occur after routine working hours. * Assist and represent the City with the Office of Mine Reclamation, the State Mining and Geology Board or private citizens. * Communicate with the State on SMARA issues as needed. * Consult with the Engineering Division and City Attorney on ongoing mining projects as needed. * Complete additional work as requested by the Director of Public Works. i EXHIBIT B EXHIBIT "B" SCHEDULE OF CHARGES Page 10 EXHIBIT B i i 3. Env roMINE Inc. Schedule of Charges j Staff Hourly Rate Principal, (Warren Coalson) $195.00 Senior Project Manager, (Dennis Fransway) $165,00 Site Inspector, (T. Kinsman) $135.00 Civil Engineer $125-00 GIS Technician $105.00 Research Analyst $75,00 Clerical $65.00 Specialty subconsultants Professional Engineer, (Wayne Chang) $137,50 Professional Geologist,(John Royal) $137.50 Expenses Reimbursable Expense Cost Copies: black&white $0.25 Copies: color $0 35 Mileage I $0.59/mi EXHIBIT EXHIBIT "C" CERTIFICATE {}F EXEMPTION FROM VVORKERS�, COMPENSATION INSURANCE | hanabv certify that in the performance of the work for which this Agreement is entered into, | shall not employ any person in any manner mo as to become subject to the Workers' Compensation Laws of the State of California. Executed on this ~ day of s2iM e2l .2UL~��� at \~�^ California. ° PaAe11 EXHIBIT B EXHIBIT"M LIST OF SUB-CONSULTANTS/SUBCONTRACTORS Page 12 EXHIBIT B List of Sub-Consultants/Subcontractors Sub-consultants and or subcontractors will only be used if there is a need for a technical specialist on one of the sites. This could include a Professional Engineer, Professional Geologist or Biologist. EnviroMlNE will notify the City in advance of utilizing a specialist sub-consultant. Professional Engineer: Wayne Chang, P.E. Chang Consultants Professional Geologist: Geocon, Inc. Biologist: Helix Environmental, Inc. �.� ENVIR-1 CP ID: MF DATE[MMIDOIYYYY) CERTIFICATE OF LIABILITY INSURANCE �..-- 071271201 5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Ingrid Van Moppes,CLU SCF Insurance Services,Inc. PHONE FAX License#D606662 AIC No Ext:6i 9-589-0303 arc No): 619-589-1342 P.O. Box 1300 ao AIL ingridiMscfinsurance.com La Mesa, CA 91 944-1 3 00 Ingrid Van Moppes,CLU INSURER(SI AFFORDING COVERAGE NAIC i INSURERA:Hartford Fire Ins_, Co. 29424 INSURED Envirom ine INSURER B Warren Coalson INSURERC: 3511 Camino Del Rio S.#403 San Diego, CA 92108-4021 INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR P I EFF POLICY EX LIMITS LTR TYPE OF INSURANCE INS❑ WVD _ POLICY NUMBER MMIDDJYYYY MMIDDtYYYY A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIhIS-MADE T OCCUR X 72SBAKY5134 0110412015 0110412016 PREA _,,z o r_urrDc-.nce $ 1,000,000 X Business Owners MED EY.P(Any one person) $ 10,000 PERSONAL&ACV INJURY $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY PROJECT LOC PRODUCTS-COMPIOPAGG $ 4,000,000 PRO- OTHER $ AUrOMQBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 Ea accidenI A ANY AUTO X 72SBAKY5134 01/04/2016 01104/2016 BODILY INJURY(Per person) $ ALL OVVNFD SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X X NON-OWNED psOPIE enDAMAGE HIP EDAUTOS $ AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DIED RETENTION _$ WORKERS COMPENSATION X ER - AND EMPLOYERS'LIABILITY STATUTE _ER A ANY PROPRIETORIPARTNERIEXECUTIVE Y❑ NIA 72WECLQ0097 09101/2014 09/0112015 E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? (Mandatory In NHI E L DISEASE-EA EMPLOYEE $ 1,000,000 f yes,describe under DESCRIPTION DF OFER,AI IONS below E.L.DISEASE-POLICY LIMIT Is 1,000,000 A Hartford Fire Ins 72SBAKY5134 01/04/2015 01/04/2016 PROPERTY 108,100 DESCRIPTION OF OPERATIONS;LOCATIONS I VEHICLES (ACORD 1D1,Additional Remarks Schedule,maybe attached Ir .more space Is required) City of Lake Elsinore, its officers, officials, employees, agents and volunteers are additional insured CERTIFICATE HOLDER CANCELLATION CITYLAK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lake Elsinore ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Vince Damasse AUTHORIZED REPRESENTATIVE 130 South Main Street Lake Elsinore, CA 92530 ' ]2 � 1908-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM C. Who is an insured in the BUSINESS LIABILITY or losses covered under the BUSINESS C. Who is an insured in the BUSINESS LIABILITY For losses covered under the BUSINESS COVERAGE FORM is amended to include as an LIABILITY COVERAGE of this policy this insurance is insured the person or organization shown in the Primarily to other valid and collective insurance which is Declarations but only with respect to liability arising available to the person or organization our of the operations of the named Insured. Shown in the Declarations as an Additional insured. City of Lake Elsinore, its officers, officials, employees, agents and volunteers are additional insured Form SS 04 49 05 93 Printed in U.S.A. (NS) ATTACHMENT A AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement ")is made and entered into as of the 1st day of July , 2014 , by and between the City of Lake Elsinore, a municipal corporation ( "City ") and Enviromine, Inc. a ( "Consultant "). RECITALS A. City desires to retain Consultant to perform SMARA Inspection and Compliance services in the City and Consultant desires to provide such professional services and related work as set forth in this Agreement. B. 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. AGREEMENT 1. Scope of Services. Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue [until completed in accordance with the schedule set forth in the Scope of Work (Exhibit A)] or [for a period of one year. Professional services as described in Exhibit A may be extended at the discretion of the City on an annual basis for a total of three (3) years.] 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed $_30 000 without additional written authorization from the City. Expenses set forth in Exhibit B shall be reimbursed at cost without an inflator or administrative charge; provided however that approved sub consultants listed in Exhibit D may be billed at cost plus 10 %. 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 submit monthly billings to City describing the work performed during the preceding month. 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 30 days after approval of the monthly invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City. 5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is Page 1 determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services. 6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. 7. 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 acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by 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. Page 2 b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Consultant's Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three 3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. I 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. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. 10. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which Page 3 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).) 11. 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. 12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. 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. 14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, 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 Page 4 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 complete and submit to the City a Certificate of Exemption from Workers Compensation Insurance in the form attached hereto as Exhibit C. 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. 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. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations 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. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self- insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. Page 5 iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self- insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: Vince Damasse 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Warren Coalson - President Enviromine Inc 3511 Camino Del Rio South Suite 403 San Diego, CA 92108 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19. 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 D. 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 Page 6 performed under this Agreement except as provided in Exhibit D 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. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and 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. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS /ENDISPUTE ( "JAMS ") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27. 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 Page 7 with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28. 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. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: By: Printed N e: 57eTi Title: C(T3 mc.ccdT1 CONSULTANT: By: V Printed Name: V4 CQe..so Business License # 0VTO(O ATT ST: C Clerk Attachments: Exhibit A - Scope of Services Exhibit B - Fee Schedule Exhibit C - Certificate of Exemption from Workers' Compensation Insurance Exhibit D — List of Subcontractors Page 8 ANFRIN MA SCOPE OF SERVICES Page 9 4.0 Scope of Services The Scope of Services is proposed to include the following tasks: A. File Review /Site Familiarity Prior to arriving at the mining sites to conduct inspections, EnviroMINE will complete a thorough review recent inspections and all pertinent information relating to approvals for the project. This review provides the inspector with the necessary background to allow for a thorough inspection of the site. File review will include the approved reclamation plan, use permit, environmental documentation, and any other documents important to the site inspection. EnviroMINE has provided SMARA services and conducted Annual Inspections on the mines in Lake Elsinore since 2009 and is very familiar with history of each site. If there has been any information submitted to the City by the operators or any actions taken regarding the mines since the 2013 inspections, the City of Lake Elsinore is responsible for providing EnviroMINE with the updated documentation. B. Inspections It should be the goal of any inspection program to work as a problem solving tool. Not only are mine inspectors responsible for reviewing mining operations for compliance, the inspector must also serve as an ambassador of the lead agency. At times there are disagreements with the requirements of approval conditions and mitigation measures. The inspector will be charged with interpreting and finding solutions to these problems. For this reason, it is important to develop a cordial working relationship with the mine operator. In most cases, solutions should be arrived at in the field with the mine operator. This approach will result in fewer complaints for the lead agency and assure implementation of all compliance conditions. EnviroMINE will perform the inspections for operations within the City of Lake Elsinore. This will include contacting the mine operators to set up a date and time to inspect the site for compliance with the Use Permit, CEQA mitigation measures, and Reclamation Plan. At least 10 days in advance of the inspection, EnviroMINE will provide written notice of the schedule to the operator. In some instances, it may be necessary to return to the site to follow -up on deficiencies noted in the site inspection. Where deficiencies are noted, the mine inspector may be required to specifically identify violations and note these on inspection reports. Should this occur, SMARA allows mine operators 30 days to correct deficiencies before being re- inspected. EnviroMINE understands the benefits to developing cooperative working relationships between the mine operator and the Lead Agency. As such, we will attempt to allow the operator to correct any deficiencies in the field on the day of the inspection. If satisfactory resolution cannot be reached in the field, we will consult with City staff to gain direction for further action. If a Notice of 0 Violation (NOV) is necessary, EnviroMINE will provide the City a draft version of the NOV for issuance by the City to the operator. Depending on the cause of action, additional time may be required to work with the City and operator to address the violation(s). C. Financial Assurance Review Annual review of financial assurances is required by SMARA to insure that adequate surety is available should the operator default on the reclamation requirements. Review and adjustment of financial assurances can be time consuming. This depends, in large part, on the operator's willingness to provide adequately detailed and justified estimates. EnviroMINE is uniquely qualified to review financial assurances. EnviroMINE authored the estimating procedure utilized by the State Mining and Geology Board as adopted in their Financial Assurance Guidelines and updates over 80 financial assurance cost estimates each year for private operators. D. Inspection Reports Site Inspection Reports shall be completed on the forms provided for this purpose by the State Department of Mines and Geology. The state form is referred to as form MRRC -1 (7/ 13). Other items to be included with the report would include a listing of problem areas and issues of potential variance from the conditions of the use permit for the mining operation. Where problem areas are identified (e.g. accelerated erosion) suggested steps for correcting the problem will be listed. This information may then be used by the operator and the City to assist with implementing corrective measures. The City of Lake Elsinore is recognized as the lead agency with ultimate authority for direction and content of information included in the inspection reports. Inspection reports will be completed and submitted to the City within 27 days following individual mine site inspections. Each inspection report will be prepared in triplicate and submitted to the City for review and approval. An electronic copy in pdf format will also be provided, which will included all supporting documentation. E. Other SMARA Related Assignments EnviroMINE staff will be available on an as needed basis to support the City in all SMARA related items when requested. Work may include: Review of Conditional Use Permits, Reclamation Plans, Reclamation Plan Amendments, Interim Management Plans, Financial Assurance estimates and financial mechanisms. Periodic site visits to operating or closed sites rA Review and become familiar with all pertil-ierit data on the quarries and mines including but not limited to location, geology, existing use permit, prior annual reports, financial assurance estimate and mechanism, reclamation plan or interim management plan submitted by the operators or provided by the State. Attend meetings, conference calls and Council/ Commission meetings as requested by appropriate Engineering staff. EnviroMINE understands that these may occur after routine working hours. Assist and represent the City with the Office of Mine Reclamation, the State Mining and Geology Board or private citizens. Communicate with the State on SMARA issues as needed. Consult with the Engineering Division and City Attorney on ongoing mining projects as needed. Complete additional work as requested by the Director of Public Works. Mmu :,Ia SCHEDULE OF CHARGES Page 10 3. EnviroMINE Inc. Schedule of Charges Staff Hourly Rate Principal, (Warren Coalson) 195.00 Senior Project Manager, Dennis Fransway) 165.00 Site Inspector, (T. Kinsman) 135.00 Civil Engineer 125.00 GIS Technician 105.00 Research Analyst 75.00 Clerical 65.00 Specialty subconsultants Professional Engineer, (Wayne Chang) Professional Geologist, (John Royal) 137.50 137.50 Expenses Reimbursable Expense Cost Copies: black & white 0.25 Copies: color 0.35 Mileage 0.59/mi EXHIBIT "C" CERTIFICATE OF EXEMPTION FROM WORKERS= COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of the State of California. Executed on this day of 2 0A at Pt (A California. Cbnsultant J Page 11 LIST OF SUB - CONSULTANTS / SUBCONTRACTORS Page 12 List of Sub - Consultants /Subcontractors Sub - consultants and or subcontractors will only be used if there is a need for a technical specialist on one of the sites. This could include a Professional Engineer, Professional Geologist or Biologist. EnviroMINE will notify the City in advance of utilizing a specialist sub - consultant. Professional Engineer: Wayne Chang, P.E. Chang Consultants Professional Geologist: Geocon, Inc. Biologist: Helix Environmental, Inc.