The URL can be used to link to this page

Home My WebLink AboutItem No. 09 - Amend. No. 5 Hemet Fence Corp. Citywide Fencing City of Lake Elsinore 130 South Main Street Lake Elsinore,CA 92530 CITY OF ,cam LADELSIIYOIZE www.lake-elsinore.org DREAM City Council Agenda Report File Number: ID#22-080 Agenda Date: 2/22/2022 Version: 1 Status:Approval Final In Control: City Council/Successor Aqency File Type: Council Consent Calendar Agenda Number: 9) Amendment No. 5 to the Agreement with Hemet Fence Corporation for the Citywide Fencing Services Agreement Authorize the City Manager to execute Amendment No. 5 to the Agreement with Hemet Fence Corporation and increase compensation by an additional $110,000 for FY21-22 for a not to exceed amount of$140,000 in such final form as approved by the City Attorney. City of Lake Elsinore Page 1 Printed on 211712022 CITY OF LADE (0�� LSIti0B E DREAM EXTREME REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Jason Simpson, City Manager Prepared by: Rick De Santiago, Public Works Manager Date: February 22, 2022 Subject: Amendment No. 5 to the Agreement with Hemet Fence Corporation for the Citywide Fencing Services Agreement Recommendation Authorize the City Manager to execute Amendment No. 5 to the Agreement with Hemet Fence Corporation and increase compensation by an additional $110,000 for FY21-22 for a not to exceed amount of$140,000 in such final form as approved by the City Attorney. Background The City entered into an Agreement with Hemet Fence Corporation for Citywide Fence Services on July 1, 2019, for a contract amount of $30,000 with an option of two 12-month extensions. Amendment No. 2 dated July 2, 2020, extended the term of the contract for an additional 12- months for FY20-21, as allowed for in the Original Agreement, and adjusted compensation to $96,500. Amendment No. 3 was approved by Council on February 23, 2021, for the increased compensation amount of $119,800 to allow for additional projects scheduled for completion in FY20-21. On June 22, 2021, Amendment No. 4 was approved by Council reduced compensation amount of$30,000 and extended the term of the contractor for an additional 12-months as allowed for in the Original Agreement. Discussion Hemet Fence has proved to be responsive to the City's needs by providing a high standard of service and has demonstrated that they have the City's best interest in mind. Staff has requested compensation to a not to exceed amount of $140,000 for FY21-22. Staff would like to continue with much-needed repairs this fiscal year and is requesting additional funds to complete the following projects: • Fence installation at Tuscany Hills Park • Fence installation at Launch Pointe • Fence installation end of Summer Hill Drive Amendment No. 5 February 22, 2022 Page 2 of 2 Fiscal Impact Funds are available in the Public Works FY21-22 Operating Budget and Launch Pointe Budget Exhibits A—Amendment No. 5 B —Amendment No. 4 C —Amendment No. 3 D —Amendment No. 2 E —Original Agreement Page 2of2 PK!YË Ø [Content_Types].xml ¢( ÌMoÛ0 ïö ]Xi7 Ã§;nÖ»*2Õ$¦mþýh;ÑÂ½ºns1`|ßG´,Ñó;£³Q9[°Ó|Î2°ÒÊ® öûêûì3Ë" [ í,l/ß¿[\í<Ä²m,ØÑá<Ê sçÁÒHåH·aÍ½×b ül>ÿÄ¥³gXk°åâTb«1»¸£Ç-IYöµ ¬½ &¼×J ¤q~cË.³½CNMLÜ(O(ñNzäq}ÞO*MP%d"àa(ßºPòÒÉ¡ÌüiNWUJBÊ¯Õ|pb¤§#=ðwqÈmDgþÍ¹ ÎÇÓÑ8I´Ö R 2Ã#`øøÚ Íº´[³@+éåfî ¸Ó_ Õí·DJ`¯Üp «_QÜï©Cëp·¤{!À1ÕÂøý±³ øXi`/Ý ±Ö.Fv¯qz¼C½ñ®ñãí·Är4ûH": ÔgB{ÿI72OYRds¢Sß}²Õ[ÂÅï² TgøZß a> Y¢Ñ²h¢ô«¹ 1¿ù\ uC¨_èÃíqÎÄÜçùæperºTÞáöÈÜx~Q4ObÊ¹¯@þ<o8È¥/"×ñ½äèÍ+ÕÅo^ÞFvyr·Gà¼t34Ûý2½ævç_.'*ýÛëÕºT.5êXyç/3êÙ±ËÎ¢¢®+å _&T¸2A]hÃçÒg F7åüó¶Zsm^Ës<I{i^Îßbì-ÍKx?>°(å7T,©Æ¾r²ÏËj¡®l Ð¥FH×Õ+üëÏ»g»ÉÎ"ÀÛðiØ±4AJ´÷Ûü»x·ÕÑ§à4èè3 <ueâQ²JRTÄY R á¸0LãxpÐ ö/tÁ{¸b~nWJÞÈGõý@½8NÃMEm] À}(/í.Þftq%ïéf Üð4Eþºeµð»ç.¸ìv¨Eà4è¡ é *ÂöIküúeï}Å DocuSign Envelope ID:B6B331DC-2B7C-4F95-958B-E7910E645813 AMENDMENT NO. 4 TO AGREEMENT FOR CONTRACTOR SERVICES (ON-CALL) Hemet Fence Corp. Citywide Fencing Services This Amendment No. 4 to Agreement for Contractor Services ("Amendment No. 4") is made and entered into as of July 1, 2021, by and between the City of Lake Elsinore, a municipal corporation ("City), and Hemet Fence Corporation, a California Corporation ("Contractor"). RECITALS A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of July 1, 2019 (the "Original Agreement"). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Contractor in an amount not to exceed Thirty Thousand dollars ($30,000)for Fiscal Year 2019/2020. C. The Original Agreement had a term of twelve (12) months, commencing on July 1, 2019 and ending on June 30, 2020. D. The Original Agreement was subsequently amended by a documented incorrectly labeled "Amendment No. 2" rather than "Amendment No. 1." For purposes of this Amendment No. 4, the parties will continue to use the "Amendment No. 2" designation for the first amendment to the Original Agreement and provide that the amendment herein follow in numerical order as "Amendment No. 4." E. Amendment No. 2 dated July 2, 2020 reduce compensation to $30,000 and extended the term of the contract for an additional 12-months as allowed for in the Original Agreement. F. Amendment No. 3 dated February 23, 2021 increased compensation to a not to exceed amount of$119,800 for FY20-21. G. The parties now desire to extend the term of the contract for an additional 12-month term for FY2021-2022 and amend compensation to a not to exceed amount of $30,000 in FY2021-22. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: 1. Section 2, subpart C, Term, of the Original Agreement is hereby amended to add the following: Unless earlier terminated as provided elsewhere in the Original this Amendment No. 4 shall continue in full force and effect DocuSign Envelope ID:B6B331DC-2B7C-4F95-958B-E7910E645813 for a period of twelve (12) months, commencing on July 1, 2021 and ending on June 30, 2022. 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. 4 and the term thereof, compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal Exhibit A to the Original Agreement and this Amendment No.4. In no event shall Contractor 's compensation related to Exhibit A to the Original Agreement and Amendment No. 4 exceed Thirty Thousand dollars ($30,000) without additional written authorization from the City Council. Annual compensation during each renewal term, if any, shall not exceed Thirty Thousand dollars ($30,000). Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A to Original Agreement and Amendment No.4 respectively, shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 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. (Signatures on next page) DocuSign Envelope ID:B6B331DC-2B7C-4F95-958B-E7910E645813 IN WITNESS WHEREOF, the parties have caused this Amendment No. 4 to be executed on the respective dates set forth below. "CITY" "CONTRACTOR" CITY OF LAKE ELSINORE, a municipal HEMET FENCE CORP., corporation a California corporation DACA ocuSigned by: DocuSigned by: ,�I, aSbin, �iw�pSbin, E�w.�i D6C004FC D ... 1 F551 F63E6FE412... Jason Simpson, City Manager By: Cindy Martin Its: President Date:7/17/2021 1 12:05 PM PDT ATTEST: DocuSigned by: 30A269BB81FE4A6... City Clerk APPROVED AS TO FORM: ppDocu SSigned by: AA ee' Y1L+26WLG��-.fPiI.bO G� B9B96,4 ... City Attorney DocuSigned by: 6wav, f Ire'3C r o 4, c ministrative Services DocuSign Envelope ID: B6B331DC-2B7C-4F95-958B-E7910E645813 Phone:(951)764-2417 A�o® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 02/24/2021 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Speake Insurance Services, Inc. NAME: Amanda Teti 1791 Third Street PHONE , (951 547-6779 AXC.Nq: (951)848-0925 E-MAIL amanda�speakeinsurance.com Norco,CA 92860 License#: OD08463 INSURERS)AFFORDING COVERAGE NAIC# INSURERA: Gemini Insurance Co 833 INSURED INSURER B: National Union Fire Insurance Company of Pittsb 1 "5 HEMET FENCE CORP INSURERC: ProCentury Insurance Compaiiy. 21903 P.O. Box 619 PIN SURERD: Northfield s.CO. 27987 HOMELAND, CA 92548 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 00000290-1760397 REVISION NUMBER: 241 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MMID., v MM Y LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y VCGP025851 0910112020 09/01/2021 EACH OCCURRENCE __$ 1 000 QQ0 OCCUR DAMAGE TO RENTED CLAIMS-MADE PREMISES fEa occurrenew $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2000000 POLICY PRO- JECT 77, LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: I$ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accnt ide ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS ONLY AUTOS ( ) HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per acciden $ B UMBRELLA LIAB X OCCUR BE080742367 09/0112020 09/0112021 .EACH OCCURRENCE $ 2,000,000 X EXCESS LIAB I CLAIMS-MADE AGGREGATE $ 2,000,000 DIED RETENTION$ _ $ `+ WORKERS COMPENSATION Y/N STATUTE Y WC 0871814 03/01/2021 03/0112022 X ERH AND EMPLOYERS'LIABILITY ANY y OFFICERIMEM ER EXCLUDEDPROPRIETORIPARTNERIEX?ECUTIVE N/A E.L.EACH ACCIDENT $ 1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT $ 1 0O0 000 D Commercial Property WS428573 09101/2020 09/0112021 Total Limit $260,000 D Installation Floater WS428573 09101/2020 09/01/2021 Total Value $15,970 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) 30 Day cancellation provision reverts to 10 days notice in the event of non-payment of premium RE:On Call Fencing Services The City of Lake Elsinore,its elected or appointed officers,employes,agents,and volunteers are included as Additional Insured on a Primary/Non-Contributory basis,including Waiver of Subrogation for General Liability per form(s)attached. Waiver of Subrogation applies to Workers'Compensation per form attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Lake Elsinore THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ATTN: ACCORDANCE WITH THE POLICY PROVISIONS. 130 South Main Street Lake Elsinore,CA 92530 AUTHORIZED REPRESENTATIVE (ART) D CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by ART on February 24,2021 at 11:40AM DocuSign Envelope ID:B6B331DC-2B7C-4F95-958B-E7910E645813 Policy Number: VCGP025851 CG 24 04 12 19 Insured Name: Hemet Fence Corp. Number:42 Effective Date: 09/01/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule Name Of Person(s)Or Organization(s): Any person or organization you have agreed in a written and executed contract, prior to an"occurrence", that you would provide such person or organization a waiver of transfer of rights of recovery against others to us on your policy. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. All other terms and conditions of this Policy remain unchanged. CG 24 04 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 DocuSign Envelope ID:B6B331DC-2B7C-4F95-958B-E7910E645813 Policy Number: VCGP026861 VE 09 73 04 20 Insured Name: Hemet Fence Corp. Number:47 Effective Date: 09/01/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other Commercial General Liability insurance available to an additional insured under your policy, but only if: (1) The additional insured is a Named Insured under such other Commercial General Liability insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other Commercial General Liability insurance available to the additional insured. Coverage granted to an additional insured remains subject to all terms, conditions, limitations, and exclusions set forth in the endorsement form that conferred the additional insured status. In the event of conflict between this endorsement and an endorsement conferring additional insured status, then the endorsement conferring additional insured status shall govern the scope of coverage available to the additional insured. All other terms and conditions of this Policy remain unchanged. VE 09 73 04 20 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission DocuSign Envelope ID:B6B331DC-2B7C-4F95-958B-E7910E645813 Policy Number: VCGP025851 CIS 20 10 1219 Insured Name: Hemet Fence Corp. Number: 38 Effective Date:09/01/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered O erp ations Any person or organization when you have agreed in All locations for which you have agreed in a ' a written and executed contract, prior to an written and executed contract prior to an "occurrence",that such person or organization be "occurrence". added as an additional insured on your policy. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II—Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) additional insureds, the following additional or organization(s) shown in the Schedule, but exclusions apply: only with respect to liability for "bodily injury", "property damage"or"personal and advertising This insurance does not apply to "bodily injury" injury"caused, in whole or in part, by: or"property damage"occurring after: 1. Your acts or omissions; or 1. All work, including materials, parts or 2. The acts or omissions of those acting on equipment furnished in connection with suchwork, on the project (other than service, your behalf; maintenance or repairs) to be performed by in the performance of your ongoing operations or on behalf of the additional insured(s) at for the additional insured(s) at the location(s) the location of the covered operations has designated above. been completed; or However: 2. That portion of"your work" out of which the 1. The insurance afforded to such additional injury or damage arises has been put to its insured only applies to the extent permitted intended use by any person or organization by law; and other than another contractor or a provided to the additional subcontractor engaged in performing 2. If coverage p operations for a principal as a part of the insured is required by a contract or same project. agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 2 DocuSign Envelope ID:B6B331DC-2B7C-4F95-958B-E7910E645813 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. All other terms and conditions of this Policy remain unchanged. CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Page 2 of 2 DocuSign Envelope ID:B6B331DC-2B7C-4F95-958B-E7910E645813 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be _ %of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description BLANKET AS REQUIRED BY WRITTEN CONTRACT CA This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. WC 0871814 Endorsement No. 001 Insured HEMET FENCE CORP Premium$ Insurance Company ProCentury Insurance Company Countersigned by WC 04 03 06 Hart Forms&Services (Ed.4-84) Reorder No.14-2420 DocuSign Envelope ID:B6B331DC-2B7C-4F95-958B-E7910E645813 DATE(MM/DD/YYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE 707/07/2021 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Deborah M.Sanders NAME: StateFarm DEBORAH M SANDERS VHONNo Ext: 951-684-8822 FAX No: 951-684-5860 •= LIC#0050834 E-MADDRESS: Deborah.m.sanders.vabl86@statefarm.com ° 6748 BROCKTON AVE INSURERS AFFORDING COVERAGE NAIC# RIVERSIDE,CA 92506 INSURER A: State Farm Mutual Automobile Insurance Company 25178 INSURED INSURER B: ❑D HEMET FENCE CORP. INSURER C: 0 25959 JUMIPER FLATS RD INSURER D: ❑� HOMELAND CA 92548 INSURER E: ❑� Cindy@hemetfence.com INSURER F: ❑� COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ OCCUR DAMAGES( RENTED CLAIMS-MADE PREMISES Ea occurrence) ccurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PR0JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY 662 5930-E26-75 05/26/2020 11/26/2021 Ea INED acccdentSINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED 366 5160-B17-75G 08/17/2021 02/17/2022 A X AUTOS BODILY INJURY(Per accident) $ AUTOS ONLY HIRED NON-OWNED 4955084-A21-75C 07/21/2021 01/21/2022 pROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident 498 4734-EO5-75D 05/05/2020 11/05/2021 $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 638 9827-A28-75D 07-28-2021 TO 01//28/2022 638 9831-A28-75A 07/28/2021 TO 01/28/2022 638 9832-A28-75G 07/28/2021 TO 01/28/2021 655 4380-D16-75A 04/16/2020 T010/16/2021 CERTIFICATE HOLDER CANCELLATION 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 Public Works Department AUTHORIZED REPRESENTATIVE 521 N. Langstaff St. Lake Elsinore CA 92530 Completed by an authorized State Farm representative. If signaturEE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.13 04-22-2020 DocuSign Envelope ID:B6B331 DC-2B7C-4F95-958B-E791 CE645813 BUSINESS LICENSE CITY OF LAKE ELSINORE This business license is issued for revenue purposes only and does not grant authorization Administrative Services-Licensing to operate a business. This business license is issued without verification that the holder is 130 South Main Street, Lake Elsinore, CA 92530 subject to or exempted from licensing by the state, county, federal government, or any PH (951)674-3124 other governmental agency. Business Name: HEMET FENCE CORP. BUSINESS LICENSE NO. 016298 Business Location: 25959 JUNIPER FLATS RD Business Type: FENCING CONTRACTOR HOMELAND,CA 92548 Owner Name(s): WESLEY MARTIN Description: CONTRACTOR Issue Date: 3/1/2021 Expiration Date: 2/28/2022 HEMET FENCE CORP. 25959 JUNIPER FLATS RD HOMELAND,CA 92548 Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other languages by going to:https://www.dca.ca.gov/publications/ TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE DocuSign Envelope ID:30DFAEBO-B2D9-444C-B095-25DlO2lBE3B3 AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACTOR SERVICES (ON-CALL) Hemet Fence Corp. Citywide Fencing Services This Amendment No. 3 to Agreement for Contractor Services ("Amendment No. 3") is made and entered into as of February 23, 2021, by and between the City of Lake Elsinore, a municipal corporation ("City), and Hemet Fence Corporation, a California Corporation ("Contractor"). RECITALS A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of July 1, 2019 (the"Original Agreement"). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Contractor in an amount not to exceed $30,000 for Fiscal Year 2019/2020. C. The Original Agreement was subsequently amended by a documented incorrectly labeled "Amendment No. 2" rather than "Amendment No. 1." For purposes of this Amendment No. 3, the parties will continue to use the "Amendment No. 2" designation for the first amendment to the Original Agreement and provide that the amendment herein follow in numerical order as "Amendment No. 3." D. Amendment No. 2 dated July 2, 2020 extended the term of the contract to Fiscal Year 2020/2021 and provided for additional compensation in the amount of$30,000. E. The parties now desire increase compensation of the contract an additional $89,800 for a not to exceed amount of$119,800 for Fiscal Year 2020/2021. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: 1. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A to the Original Agreement) and Amendment No. 3. In no event shall Contractor's compensation related to Contractor's Proposal, Exhibit A in Original Agreement and Amendment No. 3, exceed One Hundred Nineteen Thousand Eight Hundred Dollars ($119,800) for Fiscal Year 2020-2021 without additional written authorization from the City Council. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost DocuSign Envelope ID:30DFAEBO-B2D9-444C-B095-25DlO2lBE3B3 without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be executed on the respective dates set forth below. "CITY" "CONTRACTOR" CITY OF LAKE ELSINORE, a municipal HEMET FENCE CORP., corporation a California corporation DocuSigned by: DocuSigned by: 1 F551 F63F6FF419 Jason Simpson, City Manager By: Cindy Martin Its: president Date: 3/16/2021 1 4:27 PM PDT ATTEST: rDocuSigned by: 44 Q;48G4Qg City Clerk APPROVED AS TO FORM: ppDocuSppigned by: AA 26t, WLG� PiI.4 U A5086D9096AF48C: City Attorney DocuSigned by: Esr7APW111A,a�,i, m& } lug CAAQG Risk Management Attachments: Exhibit A- Proposal, Insurance, License Exhibit B - Original Agreement DocuSign Envelope ID:30DFAEBO-B2D9-444C-B095-25DlO2lBE3B3 EXHIBIT A PROPOSAL, INSURANCE, LICENSE [ATTACHED] EXHIBIT A DocuSign Envelope ID:30DFAEBO-B2D9-444C-BO95-25DlO2lBE3B3 nr�r RE7SS t �� tog 9_0 uniper Flats Rd. 1�� y/S,q OFFICE (951) 926-8148 HomelaInd,CA 92548 ' FAX (951) 926-1398 hemetfe'nce@yahoo.com ® PROPOSAL/CONTRACT P.O. Bow 619 Homelarld. CA 92548 Fully Insured and Bonded WOOD FENCE•CHAIN LINK•ORNAMENTAL IRON VIM L•PVC ESTIMATOR: Llc. # 1000432 DATE• Z- 1 NAME p FOOTAGE DESCRIPTION HEIGHT ADDRESS CITY t 11� ZIP HOME PHONE WORK PHONE CELL PHOh1 EMAIL i JOB ADDRESS CITY , r a�u,�r- a c+ ekev, 5t`7 y� CHAINLINK Terminal 7/40 Barbwire Line Post Bias �- Top Rail Wire Inside Wire Gauge MILS(� W,re 0L,: ide Points Up Color Knuckles Up VINYL/WOOD FENCE Fence Style Post Type Board Type Rails Board Space Color IRON FENCE Style 1 .24' Post Size Rail Size —� �igk ,—gyp.. Picket Size Picket Space Color GATES Wall,.Gate Double Gate Single Drive Any change dur no installat on of lob subject to price change Depth rrf posts accord-ng to ground:::r :,t c-s Slide Gates Hemet Fence Co.does not assume responsibility for damage to water lines,sprinkler lines,electrical wires unless posted,staked out,or shown to the crew during the actual erection at the job site. Frame Size -- -- -- _ — — —-- _ Gate Post SPECIAL_INSTRUCTIONS TOTAL DUE ON COMPLETION s DocuSign Envelope ID:30DFAEBO-B2D9-444C-BO95-25DlO2lBE3B3 o"'LJRE5SS VISA OFFICE (951) 926-8148 25959 g uniper Flats Rd- FAX (951) 926-1398 Homela1-id,CA 92548 hemetfe!!�nce(@yahoo.corrl PROPOSAL/CONTRACT P.O. Bow 619 Homeland,CA 92548 ��OOD FENCE•CHAIN LINK•ORN.INIENTAL IRON Fully/ns�.fred and Bonded VINI L•PVC ESTIMATOR: Lic. #1000432 DATE: NAME L.a /- FOOTAGE DESCRIPTION HEIGHT ADDRESS CITY ZIP HOME PHONE WORK PHONE CELL PHONE EMAIL t�. JOB ADDRESS CITY `- C15 CHAINLINK t_ L Terminal <rbwire Line Post Bias Top Rail Wire Inside Wire Gauge Wire Outside Points Up Color Knuckles Up VINYL/WOOD FENCE Fence Style Post Type - Board Type Rails Board Space Color IRON FENCE Style Post S¢e Rail Size Picket Size Picket Spa... Color GATES Walk Gate Double Gate Single Drive Any change dur,rg nstallation of job subject to price change Depth of posts according to ground condit :ns Slide Gates �(] Hemet Fence Co.does not assume responsibility for damage to water lines,sprinkler lines,electrical wires unless posted,staked out,or shown to the crew during the actual erection at the job site Frame Size r x Gate Post SPECIAL INSTRUCTIONS: COMPLETIONAUEON DocuSign Envelope ID:30DFAEBO-B2D9-444C-BO95-25DlO2lBE3B3 ADDRESS V1SA OFFICE (951) 926-8148 25939 1 uniper Flats Rd. Homelar id.CA 92548 FAX (951) 926-1398 hemetfe--flce@yahoo.com PROPOSAUCONTRACT P.O. Bow 619 Homeland, CA 92548 WOOD FENCE•CHAIN LINK•ORNAMENTAL IRON Fully/ns�redand Bonded VINYL•PVC Irc. 9 1000432 DATE. —1( —2Z) NAM1 � FOOTAGE DESCRIPTION HEIGHT ADDRESS CITY ZIP R f HOME PHONE WORK PHONE CELL PHONE TT EMAIL JOB ADDR ESS CITY CHAINLINK Terminal Barbwire Line Post Bias Top Rail Wire Inside Wire Gauge Wire Outside Points Up Color Knuckles Up VINYL/WOOD FENCE Fence Style Post Type Board Type Rails Board Space Color IRON FENCE Style Past Size — _ Rail Size Picket Size Picket Spa(ke Color GATES Walk Gate ® r DOUble Gate, Single Crrv,e Any chai,ge furmq Ins Icn of iob subject to price r.hanya Depth of posts arcording to ground conditions Slide Gates }i•:r,eri . ..... —P rrnnontibility r... �,,..;nn to wntor ilwtrs, iwillkIffr liiw:.•rlrr•.Inral / � wrrr• -FlOwn in thq Ihi7 11Li11:lf Pful:liv�71 Ilru Iuo xiltl. 5 '� -•'" / �— .-c$. ti. �,� e — `f t' Z d Gato Post 2� SPE ;IAL- INSTRUCTIONS TnTAL DUE ON _ — COMPLETION 1 i I I ' DocuSign Envelope ID:30DFAEBO-B2D9-444C-BO95-25DlO2lBE3B3 ADDR5SS 25951 ,J/un:per Flats Rd- V1�SA OFFICE(951) 926-8148 Hometa xld,CA 92548 '�- FAX (951) 926-1398 hemetfL—_ncE=??yahoo.com71 CJ PROPOSAUCONTRACT P.O. Bo,�619 Homelatfld :,A 92548 WOOD FENCE•CHAIN LINK•ORNAMENTAL IRON Fully Insured and Bonded VINYL•PVC ESTIMATOR: Lie. 4 1 DOU4 2 DATE: NAME rse FOOTAGE DESCRIPTION HEIGHT ADDRESS ^ CITY ZIP HOME PH43NE WORK PHONE w CELL PH(7NF EMAIL JOB ADDF3ESS ^it y CITY ^� CHAINLINK Terminal - Barbwire Line Post Bias Top Rail Wire Inside tC Wire Gauge Wire Outside Points Up Color tA Knuckles Up VINYL/WOOD FENCE Fence Style Post Type Board Type Rails �W� Board Space - -T Color 01IF- OuLo -IRON FENCE Style tea} ��"� Post Size T Rail 5¢e Picket Size — — Picket Soacf Color GATES Walk Gate L7ourile:gate - Single Dm.a Any c arge nq imtallaricn of Inb st,blect rr,price change Oupth of posts accortfing ro ground condlhoos 511de Gate- Hemet Fr a does ,..• assume resnon ibility for darringea to water lino•:, sprinkler(Ines, nieectrical wires ter shown to ttte crew daring the actual emotion at the job site r1;31`11ei<r 11t-PC, - — — SPECIAI INSTFa!JC'I;"JnJ.`.; � TOTAL DUE ON --� �� ' I COMPLETION ��• -t-_ DocuSign Envelope ID:30DFAEBO-B2D9-444C-BO95-25DlO2lBE3B3 VISA OFFICE (951) 926-8148 25959 J unlper Flats Ro Homelaind CA 92548 ;q �j ,. FAX (951) 926-1398 hemetfence®yahoo.com `x PROPOSAUCONTRACT P.O. Bow 619 Homeland, CA 92548 { WOOD FENCE•CHAIN LINK ORNAMENTAL IRON Fully Insured and Bonded VINYL-PVC ESTIM TOR: L,c,4 1000432 DATE: NAME 1 FOOTAGE DESCRIPTION HEIGHT ADDRESS `� I_,, CITY —rt ZIP HOME PHONE w` WORK PHONE CELL PHONE EMAIL we JOB ADDFZESS CITY CHAINLINK Terminal Barbwire Line Post Bias - Top Rail — Wire Inside Wire Gauge Wire Outside Points Up Color Knuckles Up VINYL!WOOD FENCE Fence Style Post Type Board Type Rails Board Space Color T 144 IRON FENCE �`•� "'� � Style f� Post Size O 0 �----- Ra,l Size Picket Size — > - Picket Space, Colot GATES ~ ' Walk Gate DOLIh e Single Dr,e --- - Any charge d�nnq nst,7,�tion of iab subject to price harge Depth f posts accoru:ng o ground condioony Slide �a[e5 T — — Hemet Co, 1• assume rnsponsibllity for damage to water lines, ;prinkler Ilnns,electrfraf wires or shown to the :rew during the actual erection at the job site Frame Site Gate P st f y TOTAL DUE ON air SPFCIAI INSTRUCTIONS - — COMPLETION I DocuSign Envelope ID:30DFAEB0-B2D9-444C-B095-25D1021BE3133 ADDR�S 1771OFFICE (951) 926-8148 . Jun 25iper Flats Rd. �1 FAX (951) 926-1398 Homeland, CA 92548 hemetfence@yahoo,com OPROPOSAVCONTRACT P.O. Box 619 Homeland, CA 92548 WOOD FENCE•CHAIN LINK•ORNAMENTAL IRON Fully Insured and Bonded VINYL-PVC ESTIMATOR: Lic_ 0 1000432 OATS: -7 — —03 NAME FOOTAGE DESCRIPTION HEIGHT ADDRESS CITY ZIP HOME PHONE WORK PHONE CELL PHONE EMAIL JOB ADDRESS CITY '' Uk C/S CHAINLINK Terminal Y B rre Line Post Bias Top Rail Wire Inside Wire Gauge Wire Outside Points Up Color Knuckles Up VINYL/WOOD FENCE Fence Style Post Type Board Type Rails Board Space Color IRON FENCE Style Post Size ~ • Rail Size Picket Size .I Picket Space Color GATES Walk Gate ErCLUSI CANS •oRADIN6-PERMITS-CURE DRILLING-JIG ALEPT-L.CNION 11F PRNATE UNOERGRCUND UTILTIEI Double Gate SI An 6NCUSI IRVRING-rRAjFICL CONTROL-CONCRETE MON CURB5•CLEARING of I LNGE-LINE-ASPKi LT°ATCK46 BOND PREMIUM-GRCUNDVN -SAW CUTTING,•ENG'NEE.ING Single Drive Any change d ring mslallrstion of lob subject In price change.Depth of pods according To ground conditions. Slide Gates Hamel F Co.dao of assume responsibility for damage to water Finns,sprinklnr linos,eiactricerl Frame Size wires u posted ❑d oul r shown to the crow during the actual oraction at tha;ob site. x Ze y p Gate Post SPECIAL INSTRUCTIONS: TOTAL TI ON COMPLEETION X DocuSign Envelope ID:30DFAEBO-B2D9-444C-BO95-25DlO2lBE3B3 Phone:(951)764-2417 A�o® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 02/24/2021 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Speake Insurance Services, Inc. NAME: Amanda Teti 1791 Third Street PHONE , (951 547-6779 AXC.Nq: (951)848-0925 E-MAIL amanda�speakeinsurance.com Norco,CA 92860 License#: OD08463 INSURERS)AFFORDING COVERAGE NAIC# INSURERA: Gemini Insurance Co 833 INSURED INSURER B: National Union Fire Insurance Company of Pittsb 1 "5 HEMET FENCE CORP INSURERC: ProCentury Insurance Compaiiy. 21903 P.O. Box 619 PIN SURERD: Northfield s.CO. 27987 HOMELAND, CA 92548 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 00000290-1760397 REVISION NUMBER: 241 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MMID., v MM Y LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y VCGP025851 0910112020 09/01/2021 EACH OCCURRENCE __$ 1 000 QQ0 OCCUR DAMAGE TO RENTED CLAIMS-MADE PREMISES fEa occurrenew $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2000000 POLICY PRO- JECT 77, LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: I$ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accnt ide ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS ONLY AUTOS ( ) HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per acciden $ B UMBRELLA LIAB X OCCUR BE080742367 09/0112020 09/0112021 .EACH OCCURRENCE $ 2,000,000 X EXCESS LIAB I CLAIMS-MADE AGGREGATE $ 2,000,000 DIED RETENTION$ _ $ `+ WORKERS COMPENSATION Y/N STATUTE Y WC 0871814 03/01/2021 03/0112022 X ERH AND EMPLOYERS'LIABILITY ANY y OFFICERIMEM ER EXCLUDEDPROPRIETORIPARTNERIEX?ECUTIVE N/A E.L.EACH ACCIDENT $ 1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT $ 1 0O0 000 D Commercial Property WS428573 09101/2020 09/0112021 Total Limit $260,000 D Installation Floater WS428573 09101/2020 09/01/2021 Total Value $15,970 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) 30 Day cancellation provision reverts to 10 days notice in the event of non-payment of premium RE:On Call Fencing Services The City of Lake Elsinore,its elected or appointed officers,employes,agents,and volunteers are included as Additional Insured on a Primary/Non-Contributory basis,including Waiver of Subrogation for General Liability per form(s)attached. Waiver of Subrogation applies to Workers'Compensation per form attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Lake Elsinore THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ATTN: ACCORDANCE WITH THE POLICY PROVISIONS. 130 South Main Street Lake Elsinore,CA 92530 AUTHORIZED REPRESENTATIVE (ART) D CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by ART on February 24,2021 at 11:40AM DocuSign Envelope ID:30DFAEBO-B2D9-444C-BO95-25DlO2lBE3B3 Policy Number: VCGP025851 CG 24 04 12 19 Insured Name: Hemet Fence Corp. Number:42 Effective Date: 09/01/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule Name Of Person(s)Or Organization(s): Any person or organization you have agreed in a written and executed contract, prior to an"occurrence", that you would provide such person or organization a waiver of transfer of rights of recovery against others to us on your policy. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. All other terms and conditions of this Policy remain unchanged. CG 24 04 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 DocuSign Envelope ID:30DFAEBO-B2D9-444C-BO95-25DlO2lBE3B3 Policy Number: VCGP026861 VE 09 73 04 20 Insured Name: Hemet Fence Corp. Number:47 Effective Date: 09/01/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other Commercial General Liability insurance available to an additional insured under your policy, but only if: (1) The additional insured is a Named Insured under such other Commercial General Liability insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other Commercial General Liability insurance available to the additional insured. Coverage granted to an additional insured remains subject to all terms, conditions, limitations, and exclusions set forth in the endorsement form that conferred the additional insured status. In the event of conflict between this endorsement and an endorsement conferring additional insured status, then the endorsement conferring additional insured status shall govern the scope of coverage available to the additional insured. All other terms and conditions of this Policy remain unchanged. VE 09 73 04 20 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission DocuSign Envelope ID:30DFAEBO-B2D9-444C-BO95-25DlO2lBE3B3 Policy Number: VCGP025851 CIS 20 10 1219 Insured Name: Hemet Fence Corp. Number: 38 Effective Date:09/01/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered O erp ations Any person or organization when you have agreed in All locations for which you have agreed in a ' a written and executed contract, prior to an written and executed contract prior to an "occurrence",that such person or organization be "occurrence". added as an additional insured on your policy. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II—Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) additional insureds, the following additional or organization(s) shown in the Schedule, but exclusions apply: only with respect to liability for "bodily injury", "property damage"or"personal and advertising This insurance does not apply to "bodily injury" injury"caused, in whole or in part, by: or"property damage"occurring after: 1. Your acts or omissions; or 1. All work, including materials, parts or 2. The acts or omissions of those acting on equipment furnished in connection with suchwork, on the project (other than service, your behalf; maintenance or repairs) to be performed by in the performance of your ongoing operations or on behalf of the additional insured(s) at for the additional insured(s) at the location(s) the location of the covered operations has designated above. been completed; or However: 2. That portion of"your work" out of which the 1. The insurance afforded to such additional injury or damage arises has been put to its insured only applies to the extent permitted intended use by any person or organization by law; and other than another contractor or a provided to the additional subcontractor engaged in performing 2. If coverage p operations for a principal as a part of the insured is required by a contract or same project. agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 2 DocuSign Envelope ID:30DFAEBO-B2D9-444C-BO95-25DlO2lBE3B3 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. All other terms and conditions of this Policy remain unchanged. CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Page 2 of 2 DocuSign Envelope ID:30DFAEBO-B2D9-444C-BO95-25DlO2lBE3B3 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be _ %of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description BLANKET AS REQUIRED BY WRITTEN CONTRACT CA This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. WC 0871814 Endorsement No. 001 Insured HEMET FENCE CORP Premium$ Insurance Company ProCentury Insurance Company Countersigned by WC 04 03 06 Hart Forms&Services (Ed.4-84) Reorder No.14-2420 DocuSign Envelope ID:30DFAEBO-B2D9-444C-BO95-25DlO2lBE3B3 AC-,CIIIR"U� CERTIFICATE OF LIABILITY INSURANCE DA CATTE(MM1DOlYYYY) 02/25/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTlFlE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 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 have ADDITIONAL INSURED provisions or he endorsed. If SUSROGATION 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 endorsements). PRODUCER CONTA NAME:CT Deborah M.Sanders tateFarm DEBORAH M SANDERS PHONE g51-684-8822 FAX • sac No: 951-684-5860 LiC#0050834 E-MAIL Deborah.m.sanders,vabl86@statefarm.com ADDRESS: 6748 BROCKTON AVE � _ INSURER 5 AFFpRDING COVERAGE NAIC# RIVERSIDE,CA 9250E State Farm Mutual Automobile insurance Company INSURER A: p y 25178 INSURED HEMET FENCE CORP. INSURER B: 25959 JUNEIPER FLATS RD INSURER C; HOMELAND CA 92548 INSURER D: cind INSURER E: y@hemetfence.com INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER., 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 ANDCONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL S BR POLICY EFF POLICY EXP TR TYPE OF INSURANCE POLICY NUMBER MM10 !WY MMIDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH0 URRENCE $ CLAIMS-MADE El OCCURDAMAG TO REN D PREMISES Ea occurrence S MED FFXP Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PC} � LOG GENERAL AGGREGATE $ OTHER: EG PRODUCTS,COMP/OP AGG $ S AUTOMOBILE LIABILITY 662 5930-E26-75 11/26/2020 05/26/2021 COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO Ea accident A OWNED SCHEDULED 3665160-817-75F 02/17/2021 08/17/2021 DooILYwJURv(Perperson) $ AUTOS ONLY X AUTOS BODILY INJURY(Per accident) $ HIRE) NON-OWNED 4955084-A21-75C 01/21/2021 07/21/2021 PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per E nt $ 498 4734-E05-75D 01210512020 05/05/2021 s UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAI CLAIMS MADE AGGREGATE $ DEC) RETENTION WORKERS COMPENSATION $ AND EMPLOYERS'LIABILITY I PER IOTH- ANY PROPRIETORIPARTNERIEXECUTIVE Y/N STATUTE ER OFFICERIMEM13EREXCLUDED? ❑ NIA EL EACH ACCIDENT $ (Mandatory In NH) If yes,describe under EL-DISEASE-EA EMPLOYE $ DESCRIPTION OF OPERATIONS below £.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS LOCATIONS f VEHICLES tACOREI 101.Additional Remarks SchedWe,may be attached if more space is required) 638 9827-A28-75D 01-28-2021 TO 07/28/2021 638 9831-A28-75A 01/28/2021 TO 07/28/2021 638 9832-A28-75G 01/28/2021 TO 07/28/2021 655 4380-D16-75A 10/15/2020 TO 04116/2D21 666 8240-A 13-758 01/13/2021 TO07/13/2021 869 2163-AO9-75P 01/09/2021 TO 07/09/2021 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE OF, NOTICE WILL BE DELIVERED IN CITY OF LAKE ELSlNORE ACCORDANCE WITH THE PO ICY P VISIONS, PUBLIC WORKS DEPARTMENT nHORIZEDRE RESENTATIVE 521 N.LANGSTAFF ST LAKE ELSINORE CA 92530 ©7988-2015 AC O l7 RATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 1001466 132849,13 04-22-2020 DocuSign Envelope ID:30DFAEBO-B2D9-444C-BO95-25DlO2lBE3B3 e `4 R" CERTIFICATE OF LIABILITY INSURANCE DAT2/25/2DIY 0 /25/2021 1 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Deborah M.Sanders StateFarm �DEBORAH M SANDERS NAME.' 951-684-8822 FAx 951-684-5860 LIC#0C50834 E-MAIL Alc "O' ' 6748 BROCJ(TpN AVE An RESS: Deborah.m,sanders.vabl86@statefarm.com INSURERS AFFORDING COVERAGE NAIC# RIVERSIDE,CA 92506 INSURER A: State Farm Mutual Automobile Insurance Company 25178 INSURED HEMET FENCE CORP. INSURER B: 25959 JUMIPER FLATS RD INSURER C: HOMELAND CA 92548 INSURER D: Cindy@hemetfence.com INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 OFSUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL 5 eR LICY EXP LT POLICY EFF PO TYPE OF INSURANCE POLICY NUMBER M IODIYYYY RRLqPNYYyj LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE ❑OCCUR DAMAGETORENTE PRENI5E5 Ea occurrence S MED EXP Any one person) S GEN'LAGGREGATE HMITAPPLIES PER, PERSONAL&ADV INJURY $ POLICY❑PR' ❑ GENERAL AGGREGATE $ JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: S AUTOMOBILE LIABILITY 666 8240-A13-75B 01/-1312021 07/13/2021 COMBINED SINGLE LIMIT ANYAUTO Ea accident)$ OWNED v 8692163-AC9-75P 01/09/2021 07/09/2021 BODILYINJURY{Per person) S 1,000,000 A AUTOS ONLY X SCHEDULED BODILYINJURY(Per accident) $ 1,000,000 HIRED NON-OWNED 638 5884-A27-75C 01/27/2021 07/27/2021 PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY P r accident) S 1,000,000 596 3920-C13-75B 09/13/2020 D3/13/2fl21 $ UM DIRE LLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIgB CLAIMS-MADE AGGREGATE g DED RETENTION$ WORKERS COMPENSATION S AND EMPLOYERS'LIABILITY S7ATVTE 6RH ANY PROPRIETORIPARTNERIFXECVTIVE Y f N OFFICER&FMBER EXCLUDED? ❑ N f A E.L.EACH ACCIDENT $ (Mandatory in NH) V yes,describe antler E.L.DiSFASE-EA EMPLOYE $ DESCRIPTION OE OPERATIONS below E,L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS/LOCATIONS f VEHICLES IACORD 101,Additional Remarks Schedule,maybe attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE 7MOREOk NOTICE WILL BE DELIVERED IN CITY OF LAKE ELSI NOR E CCORDANCE WITH THE P ICY PROv ONS. PUBLIC WORKS DEPARTMENT ZAUTHREPRI7 521 N. LANGSTAFFST LAKE ELSINORE CA 9253015 AGO COR ORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered hCORD 1001486 132849.13 04-22-2020 DocuSign Envelope ID:30DFAEBO-B2D9-444C-BO95-25DlO2lBE3B3 Business Name: HEMET FENCE CORP. Business Location: 25959 JUNIPER FLATS RD HOMELAND,CA 92548 BUSINESS LICENSE NO. 016298 Owner Name(s): WESLEY MARTIN Business Type: FENCING CONTRACTOR Description: CONTRACTOR HEMET FENCE CORP. 25959 JUNIPER FLATS RD HOMELAND,CA 92548 Issue Date: 3/1/2021 Expiration Date: 2/28/2022 DocuSign Envelope ID:30DFAEBO-B2D9-444C-B095-25DlO2lBE3B3 EXHIBIT B ORIGINAL AGREEMENT [ATTACHED] EXHIBIT B DocuSign Envelope ID:30DFAEBO-B2D9-444C-BO95-25DlO2lBE3B3 AGREEMENT FOR CONTRACTOR SERVICES (ON-CALL) Hemet Fence Corp. Citywide Fencing Services This Agreement for Contractor Services (On-Call) (the "Agreement") is made and entered into as of July 1, 2019 by and between the City of Lake Elsinore, a municipal corporation ("City") and Hemet Fence Corp., a California corporation ("Contractor"). RECITALS A. The City has determined that it requires the following services: On-call emergency fencing services. B. The Contractor has submitted to City a quote, dated August 4, 2016 which is attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement. C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions described herein. D. City desires to retain Contractor to perform the services and related work as provided herein and Contractor desires to provide such services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call support on an as needed basis. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor's Proposal (Exhibit A)and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work. b. Performance Schedule. Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager. FY19-20 Agreement for On-Call Services-Hemet Fence Pagel DocuSign Envelope ID:30DFAEBO-B2D9-444C-B095-25DlO2lBE3B3 C. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of ten (10) months commencing on July 1, 2019 and ending on June 30, 2020. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed two (2)additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City. 3. Compensation and Cost of Living Adjustment. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's compensation exceed Thirty Thousand Dollars ($30,000) per Fiscal Year, without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. The compensation paid to Contractor may be adjusted on each July 1 following the first anniversary of the commencement of the term of this Agreement, provided that The request for cost of living adjustment shall be presented to the City no later than June 1st of a particular year and, if approved by the City, will become effective on July 1 st of that year. Any adjustment will be based on the Los Angeles-Riverside-Orange County Consumer Price Index (CPI) but in no event shall the price adjustment exceed five percent (5%). 4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10)days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, Page 2 DocuSign Envelope ID:30DFAEBO-B2D9-444C-B095-25DlO2lBE3B3 provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 6. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Contractor, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 7. Contractor's Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for Page 3 DocuSign Envelope ID:30DFAEBO-B2D9-444C-B095-25DlO2lBE3B3 services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor-in-interest. 8. Independent Contractor. It is understood that Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. 9. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS)to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 10. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Page 4 DocuSign Envelope ID:30DFAEBO-B2D9-444C-BO95-25DlO2lBE3B3 Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11. Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise. 12. Compliance with Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 14. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2)the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. Page 5 DocuSign Envelope ID:30DFAEBO-B2D9-444C-B095-25DlO2lBE3B3 15. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty(30)days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000)combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. Page 6 DocuSign Envelope ID:30DFAEBO-B2D9-444C-BO95-25DlO2lBE3B3 ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 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: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Hemet Fence Corp. Attn: Ms. Cindy Martin 25959 Juniper Flats Road Homeland, CA 92548 Page 7 DocuSign Envelope ID:30DFAEBO-B2D9-444C-BO95-25DlO2lBE3B3 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 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 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. Page 8 DocuSign Envelope ID:30DFAEBO-B2D9-444C-B095-25DlO2lBE3B3 26. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 27. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 29. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] Page 9 DocuSign Envelope ID:30DFAEBO-B2D9-444C-B095-25DlO2lBE3B3 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" "CONTRACTOR" CITY OF LAKE ELSINORE, HEMET FENCE CORP., a municipal corporation a California corporation FDOCUS[gnedby- DocuSigned by: bva� w Gran a es, City Manager By: Cindy Martin Its: president ATTEST: DocuSigned by: 'yepu y I y lerk APPROVED AS TO FORM: DocuSigned by: J°.a.VWrx City Ate9e9a�torney Attachments: Exhibit A— Contractor's Proposal Page 10 DocuSign Envelope ID:30DFAEBO-B2D9-444C-B095-25DlO2lBE3B3 EXHIBIT A CONTRACTOR'S PROPOSAL [ATTACHED] EXHIBIT A DocuSign Envelope ID:30DFAEBO-B2D9-444C-BO95-25D1 021 BE3B3 25959 Juniper Flats Road Homeland, CA 92548 Phone: (951) 926-8148 Fax: (951) 926-1398 License#1000432 Date: June 16, 2019 Submitted to City of Lake Elsinore Attention: Hemet Fence Corp. provides the following labor and material rates for Time and/or Material work performed for the City for emergency service, or incidental work: The hourly rate for work performed by our crews will be at the rate of$120.00 per hour which includes the costs for our truck, insurance, payroll, and applicable taxes. Please keep in mind that our crews generally include 2 men so that the actual cost per hour is $240.00 for most work but will be billed by the man at the $120.00/Hr. Rate. For Saturday and overtime work, please figure$165.00 per man hour. For Sunday and holiday work, please figure $210.00 per man hour. The minimum cost per call is 8 man hours and the billing is calculated from our shop to the job site and back in % hour segments. For materials applicable to any project for which a quote is not provided in advance, the cost will be Manufacturer's List Price+25% Mark Up+ Sales Tax. In any event, a quote may be obtained for any work in advance of beginning any project. Sincerely, Wes Martin Cell: (951) 288-1068 DocuSign Envelope ID:30DFAEBO-B2D9-444C-BO95-25DlO2lBE3B3 Phone: (951)764-2417 ACOR"� CERTIFICATE OF LIABILITY INSURANCE FD06/04ATE /2019Y) 06/04/2019 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Speake Insurance Services, Inc. NAME: Ginger Greeb 1791 Third Street a/c No Ext: (951)547-6779 a No: (951)848-0925 Norco, CA 92860 E-MAIL E-MAIL ADDRESS: ginger@speakeinsurance.com License#: OD08463 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Colony Ins CO 39993 INSURED INSURERB: National Union Fire Pittsburgh PA 19445 HEMET FENCE CORP INSURERC: Insurance Company of the West 27847 25959 JUNIPER FLATS ROAD INSURERD: HOMELAND, CA 92548 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 00000000-0 REVISION NUMBER: 151 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. INSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR IN SD WVD POLICY NUMBER MMIDD/YYYY MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 103GLOO2529200 09/01/2018 09/01/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY Fk PECOT- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B UMBRELLA LIAB X OCCUR EBU016838985 09/01/2018 09/01/2019 EACH OCCURRENCE $ 2,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DIED I RETENTION$ $ `+ WORKERS COMPENSATION Y WPL504 6493 00 03/01/2019 03/01/2020 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED' N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 30 Day cancellation provision reverts to 10 days notice in the event of non-payment of premium. RE: Canyon Hills Park Upgrades City of Lake Elsinore is included as Additional Insured on a Primary/Non-Contributory basis, including Waiver of Subrogation for General Liabiity per CG2010 04/13; CG2001 04/13; and CG2404 05/09 attached. Waiver of Subrogation applies to Workers'Compensation per WC990634 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Lake Elsinore THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ATTN: ACCORDANCE WITH THE POLICY PROVISIONS. 130 South Main Street Lake Elsinore, CA 92530 AUTHORIZ REPRESENTATIVE (GIN) ©1988-2015 ORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by GIN on June 04,2019 at 04:04PM DocuSign Envelope ID:30DFAEBO-B2D9-444C-B095-25DlO2lBE3B3 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 3 %of the total California Workers' Compensation premium otherwise due. Schedule Person or Organization Job Description ANY PERSON / ORG ALL CA OPERATIONS WHEN REQUIRED BY WRITTEN CONTRACT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 03/01/2019 Policy No.WPL 5046493 00 Endorsement No. Insured HEMET FENCE CORP Premium $ INCL. Insurance Company INSURANCE COMPANY OF THE WEST Countersigned By WC 99 06 34 (Ed. 8-00) INSURED DocuSign Envelope ID:30DFAEBO-B2D9-444C-BO95-25DlO2lBE3B3 103 GL 0025292-00 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NONCONTRIBUTORYPRIMARY AND OTHERINSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and i I E f CG 20 01 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 DocuSign Envelope ID:30DFAEBO-B2D9-444C-BO95-25DlO2lBE3B3 103 GL 0025292-00 POLICY NUMBER: 103 GL 0025292-00 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL I - OWNERS, LESSEES CONTRACTORSe SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART i SCHEDULE Name Of Additional Insured Person(s) Or Organizations) Location(s) Of Covered Operations All persons or organizations as required by written As designated in written contract with the Named contract with the Named Insured Insured Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section 11 -- Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" ng y y 1 rY property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insureds) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its f 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 DocuSign Envelope ID:30DFAEBO-B2D9-444C-B095-25DlO2lBE3B3 103 GL0025292-00 I C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: I I 1. Required by the contract or agreement; or I Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 10 04 13 DocuSign Envelope ID:30DFAEBO-B2D9-444C-BO95-25DlO2lBE3B3 103 GL 0025292-00 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS AGAINST OTHERS 3 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations as requested by written contract with the Named Insured, Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. i i CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 DocuSign Envelope ID:30DFAEBO-B2D9-444C-BO95-25DlO2lBE3B3 AC110RDII,® DATE(MM/ Y) CERTIFICATE OF LIABILITY INSURANCE 06/07/2019 2019 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 CON011ie Hatch Jr -NAME: 011ie Hatch Jr. Lic#OD10072 PHONE 951 684-8822 ac No: 951 684-5860 E-MAIL StateFarm 6748 Brockton Ave ADDRESS:011ie@011ieHatch.com • Riverside, CA 92506 INSURERS AFFORDING COVERAGE NAIC# ••� INSURER A:State Farm Mutual Automobile Insurance Company 25178 INSURED HEMET FENCE CORP INSURERB: 25959 JUNIPER FLATS ROAD INSURERC: HOMELAND, CA 92548 INSURERD: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. INSR I ADDLSUBRTYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DDfYYYY MM CY EFF POLICY EXP LTR IDD/YYYY LIMITS GENERAL LIABILITY ❑❑ EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea or $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ X1 POLICY PRO COMBINEDLOC $ A AUTOMOBILE LIABILITY Z❑ 297 0256-E01-75 05/01/2019 11/01/2019 E S aa accciden INGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS — NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS Per accident $ UMBRELLA LIAB OCCUR ❑❑ EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION WC STM ER AND EMPLOYERS'LIABILITY YIN T RY IMITS ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICE/MEMBER EXCLUDED? ❑ N/A❑ (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) City of Lake Elsinore,its elected or appointed officers,agents,and volunteers are named additional insured CERTIFICATE HOLDER CANCELLATION CITY OF LAKE ELSINORE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN: CITY MANAGER ACCORDANCE WITH THE POLICY PROVISIONS. 130 SOUTH MAIN ST AUTHORIZED REPRESENTATIVE LAKE ELSINORE, CA 92530 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 1001486 132849.8 01-23-2013 DocuSign Envelope ID:30DFAEBO-B2D9-444C-BO95-25DlO2lBE3B3 BUSINESS LICENSE CITY OF LAKE ELSINORE This business fieense is issued For revenue,purposes only and does not grant authorization Adrniriistrative Services-Licensing to operate a business. This business license is issued without verification that the holder Is 130 South Main Street, Lake Elsinore, CA 92630 subject to at exempted from licensing by the state,county.federal government.or any �� 9'J1 fi74-3124 other governmental agency. t Business Name: HEMET FENCE CURD. BUSINESS LICENSE NO. 016298 Business Location: 25959 JUNIPER FLATS R❑ Business Type: FENCING CONTRACTOR HOMELAND,CA 92548 Owner Narnejs�. issue Date: 311/2019 Expiration Date: 2/29/2020 HEMET FENCE CORP. 25959 JUNIPER FLATS RD HOMELAND, CA 92548 TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE DocuSign Envelope ID: D4F2EDEF-7B89-49ED-AA5C-EOBC7161770E AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACTOR SERVICES (ON-CALL) Hemet Fence Corp. Citywide Fencing Services This Amendment No. 2 to Agreement for Contractor Services ("Amendment No. 2") is made and entered into as of July 2, 2020, by and between the City of Lake Elsinore, a municipal corporation ("City), and Hemet Fence Corp, a California Corporation ("Contractor"). RECITALS A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of July 1, 2019 (the "Original Agreement"). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Contractor in an amount not to exceed Thirty Thousand dollars ($30,000) for Fiscal Year 2019/2020. C. The term of the Original Agreement was to commence work upon execution of the agreement and continue until the services and related work are completed. D. Amendment No. 1 dated November 12, 2019, increased the compensation of the contract to $96,500 and amended the `Scope of Service' to include Canyon Hill Park Upgrades CIP # Z40024 and Citywide Park Upgrades at Creekside Park and Rosetta Community Park CIP# Z40023. D. The parties now desire to extend the term of the contract an additional 12 months and reduce the compensation to a not to exceed amount of$30,000 for FY2020-2021. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: 1. Section 2, subpart C, Term, 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 twelve (12) months, commencing on July 1, 2020 and ending on June 30, 2021. 2. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A to the Original Agreement) and Amendment No. 2. DocuSign Envelope ID: D4F2EDEF-7B89-49ED-AA5C-EOBC7161770E In no event shall Contractor's compensation related to Contractor's Proposal, Exhibit A in Original Agreement and Amendment No. 2, exceed Thirty Thousand Dollars ($30,000) for Fiscal Year 2020-2021 without additional written authorization from the City Council. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed on the respective dates set forth below. "CITY" "CONTRACTOR" CITY OF LAKE ELSINORE, a municipal HEMET FENCE CORP., corporation a California corporation F DocuSigned by: DocuSigned by: ut [it's h,,v V, 6ratff Manager B �OMM Its: president Date: 7/24/2020 1 8:56 AM PDT ATTEST: DocuSigned by: E) 48C400... APPROVED AS TO FORM: F;D-O-�Iu SSpignedbyJJ: btyAAtt DocuSi`g'n� fe�d`b'y: FsLouAhi& Kj- >18M�jfj Attachments: Exhibit A— Original Agreement DocuSign Envelope ID: D4F2EDEF-7B89-49ED-AA5C-EOBC7161770E EXHIBIT A ORIGINAL AGREEMENT [ATTACHED] EXHIBIT A DocuSign Envelope ID: D4F2EDEF-7B89-49ED-AA5C-EOBC7161770E AGREEMENT FOR CONTRACTOR SERVICES (ON-CALL) Hemet Fence Corp. Citywide Fencing Services This Agreement for Contractor Services (On-Call) (the "Agreement") is made and entered into as of July 1, 2019 by and between the City of Lake Elsinore, a municipal corporation ("City") and Hemet Fence Corp., a California corporation ("Contractor"). RECITALS A. The City has determined that it requires the following services: On-call emergency fencing services. B. The Contractor has submitted to City a quote, dated August 4, 2016 which is attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement. C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions described herein. D. City desires to retain Contractor to perform the services and related work as provided herein and Contractor desires to provide such services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call support on an as needed basis. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor's Proposal (Exhibit A)and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work. b. Performance Schedule. Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager. FY19-20 Agreement for On-Call Services-Hemet Fence Pagel DocuSign Envelope ID: D4F2EDEF-7B89-49ED-AA5C-EOBC7161770E C. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of ten (10) months commencing on July 1, 2019 and ending on June 30, 2020. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed two (2)additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City. 3. Compensation and Cost of Living Adjustment. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's compensation exceed Thirty Thousand Dollars ($30,000) per Fiscal Year, without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. The compensation paid to Contractor may be adjusted on each July 1 following the first anniversary of the commencement of the term of this Agreement, provided that The request for cost of living adjustment shall be presented to the City no later than June 1st of a particular year and, if approved by the City, will become effective on July 1 st of that year. Any adjustment will be based on the Los Angeles-Riverside-Orange County Consumer Price Index (CPI) but in no event shall the price adjustment exceed five percent (5%). 4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10)days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, Page 2 DocuSign Envelope ID: D4F2EDEF-7B89-49ED-AA5C-EOBC7161770E provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 6. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Contractor, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 7. Contractor's Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for Page 3 DocuSign Envelope ID: D4F2EDEF-7B89-49ED-AA5C-EOBC7161770E services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor-in-interest. 8. Independent Contractor. It is understood that Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. 9. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS)to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 10. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Page 4 DocuSign Envelope ID: D4F2EDEF-7B89-49ED-AA5C-EOBC7161770E Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11. Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise. 12. Compliance with Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 14. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2)the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. Page 5 DocuSign Envelope ID: D4F2EDEF-7B89-49ED-AA5C-EOBC7161770E 15. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty(30)days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000)combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. Page 6 DocuSign Envelope ID: D4F2EDEF-7B89-49ED-AA5C-EOBC7161770E ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 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: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Hemet Fence Corp. Attn: Ms. Cindy Martin 25959 Juniper Flats Road Homeland, CA 92548 Page 7 DocuSign Envelope ID: D4F2EDEF-7B89-49ED-AA5C-EOBC7161770E 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 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 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. Page 8 DocuSign Envelope ID: D4F2EDEF-7B89-49ED-AA5C-EOBC7161770E 26. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 27. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 29. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] Page 9 DocuSign Envelope ID: D4F2EDEF-7B89-49ED-AA5C-EOBC7161770E IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" "CONTRACTOR" CITY OF LAKE ELSINORE, HEMET FENCE CORP., a municipal corporation a California corporation FDOCUS[gnedby- DocuSigned by: bva� w Gran a es, City Manager By: Cindy Martin Its: president ATTEST: DocuSigned by: 'yepu y I y lerk APPROVED AS TO FORM: DocuSigned by: J°.a.VWrx City Ate9e9a�torney Attachments: Exhibit A— Contractor's Proposal Page 10 DocuSign Envelope ID: D4F2EDEF-7B89-49ED-AA5C-EOBC7161770E EXHIBIT A CONTRACTOR'S PROPOSAL [ATTACHED] EXHIBIT A DocuSign Envelope ID: D4F2EDEF-7B89-49ED-AA5C-EOBC7161770E t `' X L 25959 Juniper Flats Road Homeland, CA 92548 Phone: (951) 926-8148 Fax: (951) 926-1398 License#1000432 Date: June 16, 2019 Submitted to City of Lake Elsinore Attention: Hemet Fence Corp. provides the following labor and material rates for Time and/or Material work performed for the City for emergency service, or incidental work: The hourly rate for work performed by our crews will be at the rate of$120.00 per hour which includes the costs for our truck, insurance, payroll, and applicable taxes. Please keep in mind that our crews generally include 2 men so that the actual cost per hour is $240.00 for most work but will be billed by the man at the $120.00/Hr. Rate. For Saturday and overtime work, please figure$165.00 per man hour. For Sunday and holiday work, please figure $210.00 per man hour. The minimum cost per call is 8 man hours and the billing is calculated from our shop to the job site and back in % hour segments. For materials applicable to any project for which a quote is not provided in advance, the cost will be Manufacturer's List Price+25% Mark Up+ Sales Tax. In any event, a quote may be obtained for any work in advance of beginning any project. Sincerely, Wes Martin Cell: (951) 288-1068 DocuSign Envelope ID: D4F2EDEF-7B89-49ED-AA5C-EOBC7161770E Phone: (951)764-2417 ,a►coR>D® CERTIFICATE OF LIABILITY INSURANCE FDATE(MMIDD/YYYY) 02/27/2020 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Speake Insurance Services, Inc. NAME: Amanda Tetle 1791 Third Street ((,,yc N,FAD: (951)547-6779 AIC No): (951)848-0925 Norco, CA 92860 E-MAIL E-MAIL ADDRESS: amand_aQspeakeinsurance.com License#: OD08463 INSURE AFFORDING COVERAGE NAIC# INSURERA: Colony 39993 INSURED INSURER B: National Union Fire Insurance Company of Pittsb 19"5 HEMET FENCE CORP INSURERC: Insurance Company of the West 27 47 25959 JUNIPER FLATS ROAD INSURER D: Northfield Ins.Co. 27987 HOMELAND, CA 92548 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 00000290-587018 REVISION NUMBER: 191 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. ILTR NSR TYPE OF INSURANCE ADDLiSUBR POLICY NUMBER rMM DID riFF} rMM/DD YEXP+ _ LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 103GLOO2529201 09/01/2019 09/01/2020 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE )( OCCUR PREMISES Ea occurrewj $ 100,000 MED EXP(Any one person $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,001111.000 POLICY PECT LOC PRODUCTS-COMPIOP AGG $ 2 000 000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS ONLY _ _AUTOS ( ) HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per acciden $ B UMBRELLA LIAB X.OCCUR EBU018568095 09/01/2019 09/01/2020 EACH OCCURRENCE $ 2,000,000 X EXCESS LIAB CLAIMS-MADE! AGGREGATE $ 2,000,000 DED RETENTION$ _ _ Prod Comp O s $ 2,0009000 WORKERS COMPENSATION PER OTH- C Y WPL 5046493 01 03/01/2020 03101/2021 X STATUTE ER AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Y N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOY $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 D Commercial Property WS391050 09/01/2019 09101/2020 Total Limit $250,000 D Installation Floater WS391050 09101/2019 09101/2020 Total Value $15,970 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) 30 Day cancellation provision reverts to 10 days notice in the event of non-payment of premium RE:On Call Fencing Services The City of Lake Elsinore,its elected or appointed officers,employes,agents,and volunteers are included as Additional Insured on a Primary/Non-Contributory basis,including Waiver of Subrogation for General Liability per CG2010 04/13;CG2001 04/13;and CG2404 05/09 attached. Waiver of Subrogation applies to Workers'Compensation per WC990634 continued on ACORD 101 Additional Remarks Schedule) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Lake Elsinore THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ATTN: ACCORDANCE WITH THE POLICY PROVISIONS. 130 South Main Street Lake Elsinore, CA 92530 AUTHORIZED REPRESENTATIVE (ART) ©198 =2"T=-0 fD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Printed by ART on February 27,2020 at 10:16AM DocuSign Envelope ID: D4F2EDEF-7B89-49ED-AA5C-EOBC7161770E AGENCY CUSTOMER ID: 00000290 _ LOC#: ACCORLY® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Speake Insurance Services,Inc. HEMET FENCE CORP POLICY NUMBER T N/A CARRIER NAIC CODE Multiple Carriers EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance (continued from Description of Operations) 8/00 attached ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by ART on February 27,2020 at 10:16AM DocuSign Envelope ID: D4F2EDEF-7B89-49ED-AA5C-EOBC7161770E WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. &00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 2 %of the total California Workers' Compensation premium otherwise due. Schedule Person or Organization Job Description ANY ALL CALIFORNIA PERSON/ORGANIZATION OPERATIONS WHEN REQUIRED BY WRITTEN CONTRACT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 03/01/2020 Policy No.WPL 5046493 01 Endorsement No. Insured HEMET FENCE CORP Premium $ INCL. Insurance Company INSURANCE COMPANY OF THE WEST Countersigned By WC 99 06 34 (Ed. 8-00) INSURED DocuSign Envelope ID: D4F2EDEF-7B89-49ED-AA5C-EOBC7161770E DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 07/20/2020 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT ADOLFO SALDANA NAME: StateFarm ADOLFO SALDANA H NN Ext: 951-637-3100 FAX : 951-637-0690 •= LIC#OC65020 ADDRESS: ADOLFO.SALDANA.JVN1@GMAIL.COM ° 7344 MAGNOLIA AVE,STE 100 INSURERS AFFORDING COVERAGE NAIC# RIVERSIDE CA 92503 INSURER A: State Farm Mutual Automobile Insurance Company 25178 INSURED INSURER B: HEMET FENCE CORPORATION INSURERC: 25959 JUNIPER FLATS ROAD INSURERD: INSURER E: HOMELAND CA 92548 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE 1:1OCCUR FIR EMISES Ea occur ence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY Y 662 5930-E26-75 05/26/2020 11/26/2020 COEaMBINED ccident SINGLE LIMIT $ 1,000,000 a ANY AUTO BODILY INJURY(Per person) $ A XOWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY /� AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION 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 92530Jq%Cl� @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.13 04-22-2020 DocuSign Envelope ID:D4F2EDEF-7B89-49ED-AA5C-EOBC7161770E BUSINESS LICENSE CITY OF LAKE ELSINORE This business license is issued for revenue purposes only and does not grant authorization Administrative Services-Licensing to operate a business. This business license is issued without verification that the holder is 130 South Main Street, Lake Elsinore, CA 92530 subject to or exempted from licensing by the state, county, federal government, or any PH (951)674-3124 other governmental agency. Business Name: HEMET FENCE CORP. BUSINESS LICENSE NO. 016298 Business Location: 25959 JUNIPER FLATS RD Business Type: FENCING CONTRACTOR HOMELAND,CA 92548 Owner Name(s): WESLEY MARTIN Issue Date: 3/1/2020 Expiration Date: 2/28/2021 HEMET FENCE CORP. 25959 JUNIPER FLATS RD HOMELAND,CA 92548 TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE DocuSign Envelope ID: D286D754-C847-4E3F-B262-7418CB3DE082 AGREEMENT FOR CONTRACTOR SERVICES (ON-CALL) Hemet Fence Corp. Citywide Fencing Services This Agreement for Contractor Services (On-Call) (the "Agreement") is made and entered into as of July 1, 2019 by and between the City of Lake Elsinore, a municipal corporation ("City") and Hemet Fence Corp., a California corporation ("Contractor"). RECITALS A. The City has determined that it requires the following services: On-call emergency fencing services. B. The Contractor has submitted to City a quote, dated August 4, 2016 which is attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement. C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions described herein. D. City desires to retain Contractor to perform the services and related work as provided herein and Contractor desires to provide such services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call support on an as needed basis. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor's Proposal (Exhibit A)and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work. b. Performance Schedule. Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager. FY19-20 Agreement for On-Call Services-Hemet Fence Pagel DocuSign Envelope ID: D286D754-C847-4E3F-B262-7418CB3DE082 C. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of ten (10) months commencing on July 1, 2019 and ending on June 30, 2020. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed two (2)additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City. 3. Compensation and Cost of Living Adjustment. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's compensation exceed Thirty Thousand Dollars ($30,000) per Fiscal Year, without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. The compensation paid to Contractor may be adjusted on each July 1 following the first anniversary of the commencement of the term of this Agreement, provided that The request for cost of living adjustment shall be presented to the City no later than June 1st of a particular year and, if approved by the City, will become effective on July 1 st of that year. Any adjustment will be based on the Los Angeles-Riverside-Orange County Consumer Price Index (CPI) but in no event shall the price adjustment exceed five percent (5%). 4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10)days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, Page 2 DocuSign Envelope ID: D286D754-C847-4E3F-B262-7418CB3DE082 provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 6. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Contractor, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 7. Contractor's Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for Page 3 DocuSign Envelope ID: D286D754-C847-4E3F-B262-7418CB3DE082 services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor-in-interest. 8. Independent Contractor. It is understood that Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. 9. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS)to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 10. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Page 4 DocuSign Envelope ID: D286D754-C847-4E3F-B262-7418CB3DE082 Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11. Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise. 12. Compliance with Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 14. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2)the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. Page 5 DocuSign Envelope ID: D286D754-C847-4E3F-B262-7418CB3DE082 15. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty(30)days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars($1,000,000)combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. Page 6 DocuSign Envelope ID: D286D754-C847-4E3F-B262-7418CB3DE082 ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 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: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Hemet Fence Corp. Attn: Ms. Cindy Martin 25959 Juniper Flats Road Homeland, CA 92548 Page 7 DocuSign Envelope ID: D286D754-C847-4E3F-B262-7418CB3DE082 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 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 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. Page 8 DocuSign Envelope ID: D286D754-C847-4E3F-B262-7418CB3DE082 26. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 27. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 29. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] Page 9 DocuSign Envelope ID: D286D754-C847-4E3F-B262-7418CB3DE082 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" "CONTRACTOR" CITY OF LAKE ELSINORE, HEMET FENCE CORP., a municipal corporation a California corporation FDOCUSignedby- by: F6DOCUS'Igned wj-' w Gran a es, City Manager By: Cindy Martin Its: president ATTEST: DocuSigned by: epu y I y4tlerk APPROVED AS TO FORM: F DocuSigned by: .a.VWro- City At", Attachments: Exhibit A— Contractor's Proposal Page 10 DocuSign Envelope ID: D286D754-C847-4E3F-B262-7418CB3DE082 EXHIBIT A CONTRACTOR'S PROPOSAL [ATTACHED] EXHIBIT A DocuSign Envelope ID: D286D754-C847-4E3F-B262-7418CB3DE082 25959 Juniper Flats Road Homeland, CA 92548 Phone: (951) 926-8148 Fax: (951) 926-1398 License#1000432 Date: June 16, 2019 Submitted to City of Lake Elsinore Attention: Hemet Fence Corp. provides the following labor and material rates for Time and/or Material work performed for the City for emergency service, or incidental work: The hourly rate for work performed by our crews will be at the rate of$120.00 per hour which includes the costs for our truck, insurance, payroll, and applicable taxes. Please keep in mind that our crews generally include 2 men so that the actual cost per hour is $240.00 for most work but will be billed by the man at the $120.00/Hr. Rate. For Saturday and overtime work, please figure$165.00 per man hour. For Sunday and holiday work, please figure $210.00 per man hour. The minimum cost per call is 8 man hours and the billing is calculated from our shop to the job site and back in % hour segments. For materials applicable to any project for which a quote is not provided in advance, the cost will be Manufacturer's List Price+25% Mark Up+ Sales Tax. In any event, a quote may be obtained for any work in advance of beginning any project. Sincerely, Wes Martin Cell: (951) 288-1068 DocuSign Envelope ID: D286D754-C847-4E3F-B262-7418CB3DE082 Phone: (951)764-2417 ACOR"� CERTIFICATE OF LIABILITY INSURANCE FD06/04ATE /2019Y) 06/04/2019 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Speake Insurance Services, Inc. NAME: Ginger Greeb 1791 Third Street a/c No Ext: (951)547-6779 a No: (951)848-0925 Norco, CA 92860 E-MAIL E-MAIL ADDRESS: ginger@speakeinsurance.com License#: OD08463 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Colony Ins CO 39993 INSURED INSURERB: National Union Fire Pittsburgh PA 19445 HEMET FENCE CORP INSURERC: Insurance Company of the West 27847 25959 JUNIPER FLATS ROAD INSURER D: HOMELAND, CA 92548 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 00000000-0 REVISION NUMBER: 151 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. INSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR IN SD WVD POLICY NUMBER MMIDD/YYYY MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 103GLOO2529200 09/01/2018 09/01/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY� PRO- POLICY LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B UMBRELLA LIAB OCCUR EBU016838985 09/01/2018 09/01/2019 EACH OCCURRENCE $ 2,000,000 X I EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED RETENTION$ $ `+ WORKERS COMPENSATION Y WPL504 6493 00 03/01/2019 03/01/2020 X PER TUTE ER OTH- AND EMPLOYERS'LIABILITY SEA ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED' N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 30 Day cancellation provision reverts to 10 days notice in the event of non-payment of premium. RE: Canyon Hills Park Upgrades City of Lake Elsinore is included as Additional Insured on a Primary/Non-Contributory basis, including Waiver of Subrogation for General Liabiity per CG2010 04/13; CG2001 04/13; and CG2404 05/09 attached. Waiver of Subrogation applies to Workers'Compensation per WC990634 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Lake Elsinore THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ATTN: ACCORDANCE WITH THE POLICY PROVISIONS. 130 South Main Street Lake Elsinore, CA 92530 AUTHORIZ REPRESENTATIVE (GIN) ©1988-2015 ORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by GIN on June 04,2019 at 04:04PM DocuSign Envelope ID: D286D754-C847-4E3F-B262-7418CB3DE082 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 3 %of the total California Workers' Compensation premium otherwise due. Schedule Person or Organization Job Description ANY PERSON / ORG ALL CA OPERATIONS WHEN REQUIRED BY WRITTEN CONTRACT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 03/01/2019 Policy No.WPL 5046493 00 Endorsement No. Insured HEMET FENCE CORP Premium $ INCL. Insurance Company INSURANCE COMPANY OF THE WEST Countersigned By WC 99 06 34 (Ed. 8-00) INSURED DocuSign Envelope ID: D286D754-C847-4E3F-B262-7418CB3DE082 103 GL 0025292-00 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NONCONTRIBUTORYPRIMARY AND OTHERINSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and i I E f CG 20 01 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 DocuSign Envelope ID: D286D754-C847-4E3F-B262-7418CB3DE082 103 GL 0025292-00 POLICY NUMBER: 103 GL 0025292-00 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL I - OWNERS, LESSEES CONTRACTORSe SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART i SCHEDULE Name Of Additional Insured Person(s) Or Organizations) Location(s) Of Covered Operations All persons or organizations as required by written As designated in written contract with the Named contract with the Named Insured Insured Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section 11 -- Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" ng y y 1 rY property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insureds) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its f 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 DocuSign Envelope ID: D286D754-C847-4E3F-B262-7418CB3DE082 103 GL0025292-00 I C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: I I 1. Required by the contract or agreement; or I Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 10 04 13 DocuSign Envelope ID: D286D754-C847-4E3F-B262-7418CB3DE082 103 GL 0025292-00 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS AGAINST OTHERS 3 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations as requested by written contract with the Named Insured, Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. i i CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 DocuSign Envelope ID: D286D754-C847-4E3F-B262-7418CB3DE082 A�® DATE(MM/2019 Y) CERTIFICATE OF LIABILITY INSURANCE 06/07/2019 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 CON011ie Hatch Jr -NAME: 011ie Hatch Jr. Lic#OD10072 PHONE 951 684-8822 ac No: 951 684-5860 E-MAIL StateFarm 6748 Brockton Ave ADDRESS:011ie@011ieHatch.com • Riverside, CA 92506 INSURERS AFFORDING COVERAGE NAIC# ••� INSURER A:State Farm Mutual Automobile Insurance Company 25178 INSURED HEMET FENCE CORP INSURERB: 25959 JUNIPER FLATS ROAD INSURERC: HOMELAND, CA 92548 INSURERD: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. INSR I ADDLSUBRTYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DDfYYYY MM CY EFF POLICY EXP LTR IDD/YYYY LIMITS GENERAL LIABILITY ❑❑ EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea or $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ X1 POLICY PRO LOC $ A AUTOMOBILE LIABILITY Z❑ 297 0256-E01-75 05/01/2019 11/01/2019 E COMBINEDS aa accciden INGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS — NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS Per accident $ UMBRELLA LIAB OCCUR ❑❑ EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ TAT $ WORKERS COMPENSATION TWO SLIM ER AND EMPLOYERS'LIABILITY YIN T RY IMITS ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICE/MEMBER EXCLUDED? ❑ N/A❑ (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) City of Lake Elsinore,its elected or appointed officers,agents,and volunteers are named additional insured CERTIFICATE HOLDER CANCELLATION CITY OF LAKE ELSINORE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN: CITY MANAGER ACCORDANCE WITH THE POLICY PROVISIONS. 130 SOUTH MAIN ST AUTHORIZED REPRESENTATIVE LAKE ELSINORE, CA 92530 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 1001486 132849.8 01-23-2013 DocuSign Envelope ID: D286D754-C847-4E3F-B262-7418CB3DE082 BUSINESS LICENSE CITY OF LAKE ELSINORE This business license is issued for revenue purposes only and does not grant authorization Adtvinistrative Services-LiCensing to operate a business. This business license is issued without verification that the holder Is 130 South Main Street, Lake Elsinore, CA 92530 subject to w exempted from licensing by the state,county.federal government.or any �� grjl fi74-3124 other govemmentel agency. t Business Name: HEMET FENCE CORP. BUSINESS LICENSE NO. 016298 Business Location: 25959 JUNIPER FLATS R❑ Business Type: FENCING CONTRACTOR HOMELAND,CA 92W Owner Nametsy: issue Date: 3/1/2019 Expiration Date: 2/29/2020 HEMET FENCE CORP. 25959 JUNIPER FLATS RD HOMELAND, CA 92548 TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE