Loading...
HomeMy WebLinkAboutItem No. 11 Amend No. 1 CSA Azteca Cleaning Svs LLC Page 1 of 2 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Jason Simpson, City Manager Prepared by:Johnathan Skinner, Director Of Community Services Date:June 13, 2023 Subject:Amendment No. 1 to Contractor Services Agreement Between Azteca Cleaning Services LLC and the City of Lake Elsinore. Recommendation Approve and authorize the City Manager to execute Amendment No. 1 to the On-Call Contractor Services Agreement with Azteca Cleaning Servicves, LLC in an additional amount not to exceed $50,000 (new annual total of $261,000) for cleaning services in such final form as approved by the City Attorney; and authorize the City Manager to execute change orders not exceeding a 10% contingency of $26,100 for uncertainties and adjustments. Background On August July 13, 2021 the City of Lake Elsinore entered into an agreement (Attachment 1) with Azteca Cleaning Services, LLC to assist the City of Lake Elsinore with services on-call cleaning services at the Anchor. Azteca responded providing the required information. The Azteca Cleaning Services proposal was fully vetted and negotiated to ensure fair and reasonable pricing and because of the exceptional cleaning requirements and challenges, the proposal contains multiple levels of service. To fully evaluate the performance of Azteca Cleaning Services, the City previsoulsy executed an on-call agreement with Azteca for $30,000 and has been pleased with the performance. Azteca cleaning services have been utilized by the City to satisfy exceptional disinfecting and sanitizing requirements at both the Anchor and Launch Pointe. Also, the City has experienced the work of Azteca Cleaning Services at several City construction projects and City facilities and has found the work of this company superior to other cleaning service companies. Azteca Cleaning Services LLC exceeds the normal cleaning service elements and includes disinfecting and sanitizing specialized cleaning, matching, and exceeding hospital, and hotel standards. Of particular importance to the Anchor and Launch Pointe, housing facilities is the attention to detail Azteca Cleaning Services Amendment Page 2 of 2 5 3 8 and high level of cleaning service Azteca performs with total compliance with all COVID-19 disinfecting and sanitizing standards. Discussion The maximum contract amount for FY22/23 has nearly been exhausted due to the volume of work the City has asked Azteca to perform. With four bi-weekly invoices pending for the fiscal year for each facility, an estimated additional $50,000 in expenses will be incurred during the remainder of the fiscal year. The proposed amendment increases the annual allotment by $50,000. Fiscal Impact Approval of this item will result in an annual increase of $50,000 per year from not-to-exceed $211,000 to not-to-exceed $261,000 for FY 22/23 and FY 23/24 as well as FY 24/25 should the option for extension be exercised by the City. The maximum total increase for the next three fiscal years is $150,000. Attachments Attachment 1 - On-Call Contractor Services Agreement from July 13, 2021 Attachment 2 - Amendment No. 1 to On-Call Contractor Services Agreement DocuSign Envelope ID: 7437DE23-23F4-4C58-92E3-99377A8B0430 AGREEMENT FOR CONTRACTOR SERVICES Azteca Cleaning Services, LLC ON-CALL SERVICES This Agreement for Contractor Services (On -Call) (the "Agreement") is made and entered into as of July 13, 2021 by and between the City of Lake Elsinore, a municipal corporation (the "City") and Azteca Cleaning Services, LLC, a Limited Liability Corporation (the "Contractor"). RECITALS A. The City has determined that it requires the following services: Construction and household cleaning service B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated May 19, 2021, both of which are 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 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 and minor construction 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. Page 1 DocuSign Envelope ID: 7437DE23-23F4-4C58-92E3-99377A8B0430 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 commencing on July 13, 2021 and ending June 30, 2022. The City may, at its sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed 3 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty 30) days before the end of the contract term, such notice to be exercised by the City Manager. Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City. 3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed Two Hundred Eleven Thousand Dollars and no Cents ($211,000.00) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Backaround Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Contractor's personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Contractor's prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same. Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker. 6. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. 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: 7437DE23-23F4-4C58-92E3-99377A8B0430 provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 7. Plans, Reports. Documents a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public's rights to documents under the Public Records Act, and any third -party requests of Contractor shall be immediately referred to City, without any other actions by Contractor. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data, which were prepared by design professionals other than Contractor or provided, to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. C. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Contractor shall not, without the prior written consent of City, use such materials for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor, which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Contractor's Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. Page 3 DocuSign Envelope ID: 7437DE23-23F4-4C58-92E3-99377A8B0430 b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor -in -interest. 9. Independent Contractor. a. Contractor is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, and regulations to the contrary, Contractor and any of its providing service under this Agreement shall not qualify agree to waive any claims to, any compensation, benefit, including but not limited to eligibility to enroll in PERS as any contribution to be paid by City for employer contrib PERS benefits. state and local laws, codes, ordinances employees, agents, and subcontractors for or become entitled to, and hereby or any incident of employment by City, an employee of City and entitlement to ition and/or employee contributions for 10. PERS Eliaibility 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. 11. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Page 4 DocuSign Envelope ID: 7437DE23-23F4-4C58-92E3-99377A8B0430 Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).) 12. Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise. 13. Compliance with Laws. a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and/or its employees, officers, or board members. b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license. 14. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. Page 5 DocuSign Envelope ID: 7437DE23-23F4-4C58-92E3-99377A8B0430 15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 16. Insurance Reauirements . 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 Coveraae. 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. Page 6 DocuSign Envelope ID: 7437DE23-23F4-4C58-92E3-99377A8B0430 iii. Automobile Liability Coveraae. 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. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. 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. Page 7 DocuSign Envelope ID: 7437DE23-23F4-4C58-92E3-99377A8B0430 17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Azteca Cleaning Services, LLC. Attn: Oscar Cornejo 24740 Jefferson Ave. #303 Murrieta, CA 92562 18. Assianment 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. 19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 20. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 22. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid Page 8 DocuSign Envelope ID: 7437DE23-23F4-4C58-92E3-99377A8B0430 nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 23. Eaual Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 24. Prevailina Waaes. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 26. Controllina Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 27. Authority to Enter Aareement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non -monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 29. Entire Aareement: Incorporation: Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor's Proposal Page 9 DocuSign Envelope ID: 7437DE23-23F4-4C58-92E3-99377A8B0430 is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor's Proposal. 30. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. Eel III ra CITY OF LAKE ELSINORE, a municipal corporation Fj DacuSigned by: o,wL Slmrsow Ity anager ATTEST: DocuSigned by: I APPROVED AS TO FORM: Doc ueeSig ned by: cs2iwt J r t,iPCdc City orney DacuSigned by: A mink ra Ive Services Director Attachments: Exhibit A — Contractor's Proposal IYK*P 11:L00111111130:1 Azteca Cleaning Services, LLC., a Limitied Liability Corporation DacuSigned by: 0. R 1 3 E 0286648$.. By: Oscar Cornejo Its: Chief Executive Officer Page 10 DocuSign Envelope ID: 7437DE23-23F4-4C58-92E3-99377A8B0430 EXHIBIT A CONTRACTOR'S PROPOSAL ATTACHED] EXHIBIT A DocuSign Envelope ID: 7437DE23-23F4-4C58-92E3-99377A8B0430 Proposal Date May 19, 2021 Azteca Cleaning Services L.L.C. Azteca Cleaning Services is a growing company looking for opportunities to demonstrate our passionate and professional work. Thank you for allowing us to do so. Azteca Cleaning Services has over twenty years of experience in the cleaning and sanitization industry. Our experiences range from small residential properties to larger commercial building both private and public owned. Here at Azteca Cleaning Services we like to break our services down to three different levels as described below: Cleaning - removes dirt, dust, crumbs, and germs from surfaces or objects. When you clean, you will likely use soap (or detergent) and water to physically clean off the surfaces and objects. This may not necessarily kill the germs. But since you removed some of them, there are fewer germs that could spread infection to you. Disinfecting - uses chemicals (disinfectants) to kill germs on surfaces and objects. Some common disinfectants are bleach and alcohol solutions. You usually need to leave the disinfectant on the surfaces and objects for a certain period of time to kill the germs. Disinfecting does not necessarily clean dirty surfaces or remove germs. Sanitizing - could be done by cleaning, disinfecting, or both. Sanitizing means a lowering of the number of germs to a safe level. What is considered a safe level depends on public health standards or requirements at a workplace, school, etc. For example, there are sanitizing procedures for restaurants and other facilities that prepare food. The sanitization method will vary, depending on your needs. Azteca Cleaning Services Cleaning Services can provide upon request all three levels of cleaning for the items listed below: General Cleaning Pet odor elimination Deep Cleaning Hot or Cold Extract Service Window Cleaning Sanitizing for Coronavirus Grout Cleaning Hospital Grade Sanitizers & Disinfectants for Bacteria and Viruses Strip and Wax Floors Furniture cleaning Floor Scrubs Appliance surface reconditioning Carpet Cleaning Azteca Cleaning services LLC 24740 Jefferson Ave #303 Phone # (951) 228-6144 email: ascarrc@aztecacleaningservices.com Docusign Envelope ID: 7437DE23-23F4-4C58-92E3-99377A8B0430 Once again thank you for giving Azteca Cleaning Services the opportunity to give the City of Lake Elsinore a proposal. We are very excited to get started with the cleaning at the Anchor facility and to demonstrate what Azteca Cleaning Services can dot. We love to interact and build relationships with our clients to gain trust and loyalty. We strive to not only have quality service but to also have excellent communication, customer service, and attention to detail for our clients. Azteca Cleaning Services Cleaning Services will perform all services specified in the below schedule of cleaning charges in a highly effective detailed manner. Azteca Cleaning Services Cleaning Services will conform to the client's work and holiday schedules and always maintains flexibility for short notice requirements or schedule changes. Azteca Cleaning Services is set up to function and deliver outstanding services for the most demanding on-call requests. If you have any question on this proposal please email me at oscarrca,Aztecacleaningservices.com or call me at (951) 228-5144. Scheduled Cleaning Charges Once weekly per room/unit standard cleaning Twice weekly per room/unit standard cleaning 254 200 Deep Cleaning with/without out appliance per room/unit $3501$450 All Surfaces Deep Cleaning, Disinfecting and Sanitization per room/unit $750 Our Deep cleaning service is the most complete and effective cleaning service provided by any cleaning company and is designed to illuminate the toughest contaminates and soils. Deep Cleaning and sanitization services included but are not limited to the below cleaning elements: Complete deep cleaning and sanitizing to include antimicrobial sanitizers approved by the EPA for use against the Novel Coronavirus SARS-CoV-2, the cause of COVI-19.2 Remove and clean behind and underneath all furniture and item in the room to include cabinets, closets, appliances and base boards Clean and all appliances both inside and out to include kitchen cabinets, racks and shelfs Clean all interior walls, doors and fixtures Azteca Cleaning Services LLC 24740 Jefferson Ave #303 Phone # {951} 228-6144 email- oscarfc@aztecaeleaningservices.com DocuSign Envelope ID: 7437DE23-23F4-4C58-92E3-99377A8B0430 Clean kitchen sinks counters; bathroom tub, sink, toilet and mirrors and sanitized with hospital -grade sanitizers to effectively eliminate bacteria and viruses from these hard non -porous surfaces Clean all windows both inside and outside to include window blinds and window seals Cleaned exterior area of all air conditioning opening and vents Clean and treat with special cleaning agents for the elimination of pet urine odors Perform a hot or cold extraction cleaning process combined with EPA -registered, hospital -grade sanitizers. The blow is a disinfecting and sanitizing service process utilized by Azteca Cleaning Services Cleaning Services: High Touch Areas: Door handles and knobs Countertops Light switches Refrigerator door handles Stair rails Pots Pans Utensils Opening and closing devices Low Touch Areas include: Carpets Area Rugs Upholstery Hardwood, engineered wood Stone, Tile & Grout surfaces Any other areas of cleaning not address herein would be separately proposed. Azteca Cleaning Services LLC 24740 Jefferson Ave #303 Phone # (951) 228-6144 email: oscarrcgaztecacleaningservioes.corn DocuSign Envelope ID: 7437DE23-23F4-4C58-92E3-99377A8B0430 AZTECA CLEANING SERVICES, L.L.C. Launch Pointe Proposal Date 0641912021 Presented to Beau Davis DocuSign Envelope ID: 7437DE23-23F4-4C58-92E3-99377A8B0430 Azteca Cleaning Services L.L.C. Azteca Cleaning Services is a growing company looking for opportunities to demonstrate our passionate and professional work_ Thank you for allowing us to do so. Azteca Cleaning Services has over twenty years of experience in the cleaning and sanitization industry. Our experiences range from small residential properties to larger commercial buildings both private and public owned. Here at Azteca Cleaning Services we like to break our services down to three different levels as described below: Cleaning - removes dirt, dust, crumbs, and germs from surfaces or objects. When you clean, you will likely use soap (or detergent) and water to physically clean off the surfaces and objects. This may not necessarily kill the germs. But since you removed some of them, there are fewer germs that could spread infection to you_ Disinfecting - uses chemicals (disinfectants) to kill germs on surfaces and objects. Some common disinfectants are bleach and alcohol solutions. You usually need to leave the disinfectant on the surfaces and objects for a certain period of time to kill the germs. Disinfecting does not necessarily clean dirty surfaces or remove germs. Sanitizing - could be done by cleaning, disinfecting, or both. Sanitizing means a lowering of the number of germs to a safe level. What is considered a safe level depends on public health standards or requirements at a workplace, school, etc. For example, there are sanitizing procedures for restaurants and other facilities that prepare food. The sanitization method will vary, depending on your needs. Surface Reconditioning -- Our trained team specializes in surface reconditioning of all types of hardwood, tile, stone, vinyl, cloth and many other commercial surfaces in both indoor and outdoor sittings. Our specialized treatments all include a conditioning process that extend the life of the surface and bring back the original luster to a near new appearance. These processes are considered cost saving measures for the owner and improve the durability and useful life of the surface. Azteca Cleaning Services Cleaning Services can provide upon request all four levels of cleaning for the items listed below: General Cleaning Service Reconditioning and Repair Deep Cleaning Hot or Cold Extract Service Window Cleaning Sanitizing for Coronavirus Grout Reconditioning Hospital Grade Sanitizers & Disinfectants for Bacteria and Viruses Strip and Wax Floors Furniture Cleaning Fioor Reconditioning Appliance Surface Reconditioning DocuSign Envelope ID: 7437DE23-23F4-4C58-92E3-99377A8B0430 Carpet Cleaning Pet Odor Elimination Once again thank you for giving Azteca Cleaning Services the opportunity to give Launch Point a proposal. We are very excited to get started with the cleaning and to demonstrate what Azteca Cleaning Services can do. We love to interact and build relationships with our clients to gain trust and loyalty. We strive to not only have quality service but to also have excellent communication, customer service, and attention to detail for our clients. Azteca Cleaning Services will perform all services specified in the below schedule of cleaning charges in a highly effective detailed manner. Azteca Cleaning Services will conform to the client's work and holiday schedules and always maintains flexibility for short notice requirements or schedule changes. Azteca Cleaning Services is set up to function and deliver outstanding services for the most demanding on-call requests. If you have any questions on this proposal please email me at oscarrc(cr7 aztecacleanincservices.corn or call me at (951) 228-6144. Scheduled CieaninaCharges Community Hall Deep Cleaning, Disinfecting and Sanitizing Entire Hall 475 Standard Cleaning Entire Hall (Not Including Appliances) 300 Thorough Vacuum and Mop of Entire Floor Surface 250 Deep Cleaning, Disinfecting and Sanitizing of Restrooms Only 85 Per Restroom Deep Cleaning, Disinfecting and Sanitizing of Kitchen Only 225 Deep Cleaning Without Appliances of Kitchen Only 100 High Dusting Entire Hall Only 225 Window Cleaning Only 350 Waxing Slate Floor (1 Coat) $75 Per Additional Coat 400 Deep Scrub by Hand and Waxing Slate Floor (3 Coats) $75 Per Additional Coat 800 Grout Cleaning the Kitchen Floor 425 Trailers Cleaning, Disinfecting, and Sanitizing 70 ea Quarterly Deep Cleaning, Disinfecting, and Sanitizing 140 ea DocuSign Envelope ID: 7437DE23-23F4-4C58-92E3-99377A8B0430 V!1-l^i Cleaning, Disinfecting, and Sanitizing 70 ea Quarterly Deep Cleaning, Disinfecting, and Sanitizing 140 ea Upholstery Cleaning Sofa/Couch With Pillows 90 ea Sofa/Couch Only 70 ea Couch Pillows 10 ea Resort Bathrooms 12hr shift 375 per day 8hr Shift 250 per day Two 8hr Shifts for Holiday/Special Days 500 per day 6hr Shift 180 per day 4hr Shift 120 per day Our Deep cleaning service is the most complete and effective cleaning service provided by any cleaning company and is designed to eliminate the toughest contaminates and soils. Deep Cleaning and sanitization services included but are not limited to the below cleaning elements: Complete deep cleaning and sanitizing to include antimicrobial sanitizers approved by the EPA for use against the Novel Coronavirus SARS-CoV-2, the cause of COVID-19.2 w Remove and clean behind and underneath all furniture and item in the room to include cabinets, closets, appliances and baseboards Clean and all appliances both inside and out to include kitchen cabinets, racks and shelves Clean all interior walls, doors and fixtures Clean kitchen sinks counters; bathroom tub, sink, toilet and mirrors and sanitized with hospital -grade sanitizers to effectively eliminate bacteria and viruses from these hard non -porous surfaces Clean all windows both inside and outside to include window blinds and window seals Clean exterior area of all air conditioning opening and vents Clean and treat with special cleaning agents for the elimination of pet urine odors Perform a hot or cold extraction cleaning process combined with EPA -registered, hospital -grade sanitizers. The blow is a disinfecting and sanitizing service process utilized by Azteca Cleaning Services Cleaning Services: DocuSign Envelope ID: 7437DE23-23F4-4C58-92E3-99377A8B0430 High Touch Areas: Low Touch Areas: Door handles and knobs Carpets Countertops Area rugs Light switches Upholstery Refrigerator door handles Hardwood, engineered wood Stair Rails Stone, tile, and grout surfaces Pot Pans Utensils Opening and closing devices Any other areas of cleaning not addressed herein would be separately proposed. Once again thank you for this opportunity. Sincerely, Oscar Comejo Azteca Cleaning Services, CEO DocuSign Envelope ID: 7437DE23-23E4-4C58-92E3-99377A8BO430 At—"K" DATE ,1,I11IDarrrrrl CERTIFICATE OF LIABILITY INSURANCE ST5,1117, 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: It 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 conditioItS 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 NAME- I}Inl:1 (an f un -sr IAdUral;iC 'Y: rs k LN Ine PHONE AIC, No E=t . I `1i 1 !' T7•t1hH{I C pc : H$, 6T-4? 7{I 40315 ('.tlilitnn,e 4);ik, lt,,,Itl ADORES$. I:unwcteri11nrr4iI1'x M Suis: L•fi INSURERIS) AFFORDING COVERAGE NAiC r MuITIc Ia L A 2562 INSURER A: SIJIt! Nalional lnl Le I, hll' INSURED INSURER B: hdinN .kuw hs Cu 39497 A,owes Cleaning kv5 ire% INSURER C 1474111Cllcn0n A,.e INSURER D: Apt 303 INSURER E: Nlurn,%I CA 92562 INSURER F: COVERAGES r IPPIrwlr ATF NllaararD- RFVISION NLIMRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE. TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TRWLTR TYPE OF INSURANCE AUULZUDKIINSOWVD POUCY NUMBER IMM1aoff" I MMlODfYYYYI LBIFIS A x COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR NX I-K1'mitiv-1111diL 113 31 2021 0-113121122 EACH OCCURRENCE 5 i.l](]IL.[Hll1 PREMIISES IEa occurrence) 5 IIHi,IH>I} MEA EXP (Any one person) S I S.lXX1 PERSONAL &ADV INJURY S I,OlH1,lX1[1 GEN'L AGGREGAT E LIMIT APPLIES PER- X POLICY 0 FLOC OTHER GENERAL AGGREGATE S ti.U[H1.IHi[1 PRO DUCTS - COM P.OPAGG S 2.[]11{101[1 S H AUTOMOBILE LIABILITY ANY AUTO OWNED y SCHEDULED AUTOS ONLY AUTOS HIRED NON•OWNED AUTOS ONLY AU ONLY X 504.61(115-76764101 1+25.21121 Di 2524122 Ea ocadent) S I ,(111[1.0(1(1 BODILY INJURY {Pear parson) S BODILY INJURY Wet r-.Enli S I 5E SIPeracadentl S UMORE LLA GAB EXCESS L1AB OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE S DED 71 RETENTIONS S DRKER$ COMPENSATION AND EMPLOYERS' UABIUTY Y I N ALNY PROPRIETOR)PARTNEFUEXECUTIVE FFICER.MEMSER EXCLUDED') Mandatory in NH, If yes. descnde under DESCRIPTION OF OPERATIONS hefuw N I A i STATUTE ER E -LEACH ACCIDENT S EL DISEASE - EA EMPLOYEE S E -L. DISEASE - POLICY LIMIT 5 DESCRIPTION OF OPERATIONS I LOCATIONS r VEHICLES ,ACORD 101. AddjWnal Remarks Schedule, may ha attached it more spare Is roqul red) Jai 11 ;maL Soivi<Ys CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN its of Lakc E1,inure ACCORDANCE WITH THE POLICY PROVISIONS. LA str. Mslll Sl AUTHORIZE _.VE Lair LI.Inarc CA 42531R C 19884015 ACORD CORPORATION. ALI rights reserved. ACORD 25 (20103) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 7437DE23-23F4-4C58-92E3-99377A8B0430 WORKERS' COMPENSATION INSURANCE CERTIFICATION Pursuant to Section 1861 of the California Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City prior to performing any work on the contract: 1 am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract. EfI am exempt from Worker's Compensation because 1 have no employees. Contactor L- Signature W, Title 05Ia 7 /X01 Date v i ces L. L. 6 Section 3700 of the California Labor Code reads as follows: Every employer except the State shall secure the payment of compensation in one or more of the following ways: a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. b) By securing from the Director of Industrial Relations a certificate of consent to self -insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his employee.' DocuSign Envelope ID: 7437DE23-23F4-4C58-92E3-99377A8B0430 BUSINESS LICENSE This business license is issued for revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency. Business Name: AZTECA CLEANING SERVICES L.L.C. Business Location: 24740 JEFFERSON AVE APT 303 MURRIETA, CA 92562-7540 Owner Name(s): OSCAR RODRIGUEZ CORNEJO AZTECA CLEANING SERVICES L.L.C. 24740 JEFFERSON AVE APT 303 MURRIETA, CA 92562-7540 CITY OF LAKE ELSINORE Administrative Services - Licensing 130 South Main Street, Lake Elsinore, CA 92530 PH (951) 674-3124 BUSINESS LICENSE NO. 025979 Business Type: SERVICE/JANITORIAL Description: CLEANING SERVICES Issue Date: 5/25/2021 Expiration Date: 5/31/2022 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 AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACTOR SERVICES AZTECA CLEANING SERVICES, LLC. FOR ON-CALL SERVICES This Amendment No. 1 to Agreement for Professional Services is made and entered into as of 6/13/2023, by and between the City of Lake Elsinore, a municipal corporation (“City), and Azteca Cleaning Service, LLC. a Corporation (“Consultant”). RECITALS A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 7/13/2021, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Consultant in an amount of two hundred eleven thousand dollars ($211,000). C. The Original Agreement had a term of one year (with up to three additional renewal extensions) years, commencing on 7/13/2021 and ending on 6/30/2022. D. The parties now desire to amend the term and increase the payment for such services as set forth in this Amendment No 1. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows: 1. Section 2.C, Term and Compliance with Task/Work Order System, of the original Agreement is hereby amended to read in its entirety as follows: 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 commencing on July 13, 2021 and ending June 30, 2024. The City may, at its sole discretion, extend the term of this Agreement not to exceed 1 additional twelve (12) month renewal term 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. 2. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed Two Hundred Sixty-one Thousand Dollars and no Cents ($261,000.00) 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. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below. “CITY” CITY OF LAKE ELSINORE, a municipal corporation “CONSULTANT” Azteca Cleaning Services, LLC. City Manager Date:   Oscar Cornejo, CEO Date: __  ATTEST: City Clerk APPROVED AS TO FORM: City Attorney   Assistant City Manager