HomeMy WebLinkAboutItem No. 17 - Amendment No. 1 to Agreement with West Coast Services for Monthly Window Washing_17)Amendment No. 1 to Agreement with West Coast Services for Monthly Window
Washing Services for Citywide Facilities
Approve and authorize the City Manager to execute Amendment No. 1 to the Contractor
Services Agreement with West Coast Services and increase compensation by an additional
$2,200.00 for an amount not to exceed $15,915.00 in such final form approved by the City
Attorney.
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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:May 13, 2025
Subject:Amendment No. 1 to Agreement with West Coast Services for Monthly
Window Washing Services for Citywide Facilities
Recommendation
Approve and authorize the City Manager to execute Amendment No. 1 to the Contractor Services
Agreement with West Coast Services and increase compensation by an additional $2,200.00 for
an amount not to exceed $15,915.00 in such final form approved by the City Attorney.
Background
West Coast Services has provided window washing services to the City of Lake Elsinore for the
past 9 years. West Coast Services provides monthly window cleaning services and aims to
enhance the upkeep and presentation of city facilities.
Discussion
Amendment No. 1 is needed to cover the monthly billing total of $1,325.00. This adjustment will
ensure that we can cover the necessary services through the end of the fiscal year.
Fiscal Impact
The funding is available in the FY2025-26 Annual Operating Budget.
Attachments
Attachment 1 - Amendment No. 1
Exhibit A - Invoices
Attachment 2 - Original Agreement
Public Works
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AMENDMENT NO. 1
TO AGREEMENT FOR CONTRACTOR SERVICES
West Coast Services
Citywide Window Cleaning Services
This Amendment No. 1 to Agreement for Contractor Services is made and entered into as
of 5/13/2025, by and between the City of Lake Elsinore, a municipal corporation (“City), and
West Coast Services, a Corporation (“Contractor”).
RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor
Services dated as of 9/12/2023, (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 of
Thirteen Thousand Seven Hundred Fifteen dollars ($13,715.00).
C. The Original Agreement had a term commencing on September 12, 2023, and
ending June 30, 2026. The City may extend the term on a 12-month basis, not to exceed two (2)
additional 12-month renewals.
D. The parties now desire to amend and increase the payment for such services as
set forth in this Amendment No. 1 for an annual amount not to exceed Fifteen Thousand Nine
Hundred Fifteen dollars ($15,915.00).
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 add the
following:
Notwithstanding the foregoing, for purposes of Amendment No. 1 and the
term thereof, compensation to be paid to Contractor shall be in accordance
with the Schedule of Charges set forth in Contractor ’s Proposal
(referenced collectively as Exhibit A-1 Amendment No. 1). In no event
shall Contractor ’s compensation related to Exhibit A-1 to Amendment No.
1 exceed Fifteen Thousand Nine Hundred Fifteen dollars ($15,915.00)
without additional written authorization from the City Council.
2. Except for the changes specifically set forth herein, all other terms and conditions
of the Original Agreement shall remain in full force and effect.
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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
“CONTRACTOR”
West Coast Services
City Manager
Date:
Ken Fuller, President
Date: __
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
Attachments: Exhibit A-1 – Contractor ’s Proposal
EXHIBIT A-1
CONTRACTOR ’S PROPOSAL
[ATTACHED]
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AGREEMENT FOR CONTRACTOR SERVICES
West Coast Services
Citywide Window Cleaning Services
This Agreement for Contractor Services (the “Agreement”) is made and entered into as of
September 12, 2023, by and between the City of Lake Elsinore, a municipal corporation (‘‘City")
and West Coast Services , a corporation ("Contractor").
RECITALS
A. The City has determined that it requires the following Contractor services:
Monthly window cleaning at multiple City Facilities.
B. Contractor has submitted to City a proposal, dated June 30, 2023, attached hereto
as Exhibit A (“Contractor’s Proposal”) and incorporated herein, to provide contractor services to
City pursuant to the terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to perform the services described in this Agreement on the terms and conditions
described herein.
D. City desires to retain Contractor to perform the services as provided herein and
Contractor desires to provide such contractor services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the services described in Contractor’s
Proposal (Exhibit A). Contractor shall provide such services at the time, place, and in the manner
specified in Contractor’s Proposal, subject to the direction of the City through its staff that it may
provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the contractor services to be performed by Contractor is
an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the
contractor services contemplated pursuant to this Agreement according to the agreed upon
performance schedule in Contractor’s Proposal (Exhibit A).
b. Performance Schedule. Contractor shall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the Contractor’s Proposal (Exhibit A). When requested by
Contractor, extensions to the time period(s) specified may be approved in writing by the City
Manager.
c. Term and Compliance with Task/Work Order System. Unless earlier
terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force
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and effect for a period commencing on September 12, 2023 and ending June 30, 2026. The City
may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed
2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not
less than thirty (30) days before the end of the contract term, such notice to be exercised by the
City Manager.
Contractor hereby agrees and acknowledges that any and all work or services
performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order
by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount
of work or services as all work or services shall be authorized through a Task/Work Order issued
by the City.
3.Compensation. Compensation to be paid to Contractor shall be in accordance
with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Contractor's annual compensation exceed
Thirteen Thousand Seven Hundred Fifteen Dollars and Zero Cents ($13,715.00) 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. Background Checks. At any time during the term of this Agreement, the City
reserves the right to make an independent investigation into the background of Contractor’s
personnel who perform work required by this Agreement, including but not limited to their
references, character, address history, past employment, education, social security number
validation, and criminal or police records, for the purpose of confirming that such personnel are
lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons
or property in and around the vicinity of where the services will be rendered or City Hall. If the City
makes a reasonable determination that any of Contractor’s prospective or then current personnel
is deemed objectionable, then the City may notify Contractor of the same. Contractor shall not
use that personnel to perform work required by this Agreement, and if necessary, shall replace
him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
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b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled “Method of Payment” herein.
7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Contractor, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Contractor for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Contractor or to any other party. Contractor shall, at Contractor’s expense, provide such reports,
plans, studies, documents and other writings to City upon written request. City shall have sole
determination of the public’s rights to documents under the Public Records Act, and any third-
party requests of Contractor shall be immediately referred to City, without any other actions by
Contractor.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Contractor
under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Contractor represents and warrants that
Contractor has the legal right to license any and all Documents & Data. Contractor makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Contractor or provided to Contractor by the City. City shall not be limited
in any way in its use of the Documents & Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City’s sole risk.
c. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Contractor in connection with the performance
of this Agreement shall be held confidential by Contractor. Such materials shall not, without the
prior written consent of City, be used by Contractor for any purposes other than the performance
of the services under this Agreement. Nor shall such materials be disclosed to any person or
entity not connected with the performance of the services under this Agreement. Nothing
furnished to Contractor which is otherwise known to Contractor or is generally known, or has
become known, to the related industry shall be deemed confidential. Contractor shall not use
City’s name or insignia, photographs relating to project for which Contractor’s services are
rendered, or any publicity pertaining to the Contractor’s services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium without
the prior written consent of City.
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8. Contractor’s Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to Contractor to
this Agreement.
b. Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Contractor’s address indicated for receipt of notices
in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Contractor’s business, City
may, by written request by any of the above-named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Contractor, Contractor’s
representatives, or Contractor’s successor-in-interest.
9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor pursuant to California Labor Code Section 3353. The personnel
performing the services under this Agreement on behalf of Contractor shall at all times be under
Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or
agents shall have control over the conduct of Contractor or any of Contractor’s officers,
employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or
in any manner represent that it or any of its officers, employees, or agents are in any manner
officers, employees, or agents of the City. Contractor shall not incur or have the power to incur
any debt, obligation, or liability whatsoever against City, or bind City in any manner.
b. Notwithstanding any other federal, state and local laws, codes, ordinances
and regulations to the contrary and except for the fees paid to Contractor as provided in the
Agreement, Contractor and any of its employees, agents, and subcontractors providing service
under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any
claims to, any compensation, benefit, or any incident of employment by City, including but not
limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution
to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Contractor or any employee,
agent, or subcontractor of Contractor providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall
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indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Contractor or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
11. Interests of Contractor. Contractor (including principals, associates and
professional employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
by this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Contractor’s services
hereunder. Contractor further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
Contractor is not a designated employee within the meaning of the Political Reform Act
because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her
rendition of information, advice, recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Contractor. City has relied upon the professional training
and ability of Contractor to perform the services hereunder as a material inducement to enter into
this Agreement. Contractor shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Contractor under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in Contractor’s field of
expertise.
13. Compliance with Laws.
a. Contractor shall comply with all local, state and federal laws and
regulations applicable to the services required hereunder, including any rule, regulation or bylaw
governing the conduct or performance of Contractor and/or its employees, officers, or board
members.
b. Contractor represents that it has obtained and will maintain at all times
during the term of this Agreement all professional and/or business licenses, certifications and/or
permits necessary for performing the services described in this Agreement, including a City
business license.
14. Licenses. Contractor represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Contractor to practice its profession. Contractor represents and warrants to City that Contractor
shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this
Agreement, any licenses, permits, insurance and approvals which are legally required of
Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business
license.
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15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law
or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts
or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they
could be held strictly liable, or by the quality or character of their work. The foregoing obligation
of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of
law arises from the sole negligence or willful misconduct of the City or its officers, employees,
agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents
have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is
understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Contractor from
liability under this indemnification and hold harmless clause. This indemnification and hold
harmless clause shall apply to any damages or claims for damages whether or not such insurance
policies shall have been determined to apply. By execution of this Agreement, Contractor
acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
16. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager,
the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain
Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition, Contractor
shall require each subcontractor to similarly maintain Workers’ Compensation Insurance
and Employer’s Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all
Workers’ Compensation policies must be received by the City at least thirty (30) days prior
to such change. The insurer shall agree to waive all rights of subrogation against City, its
officers, agents, employees and volunteers for losses arising from work performed by
Contractor for City. In the event that Contractor is exempt from Worker’s Compensation
Insurance and Employer’s Liability Insurance for his/her employees in accordance with
the laws of the State of California, Contractor shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial general
liability insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit. Required commercial general liability coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
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covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Contractor arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an amount
of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may
be attached limiting the coverage.
iv. Professional Liability Coverage. Contractor shall maintain
professional errors and omissions liability insurance appropriate for Contractor’s
profession for protection against claims alleging negligent acts, errors or omissions which
may arise from Contractor’s services under this Agreement, whether such services are
provided by the Contractor or by its employees, subcontractors, or sub Contractors. The
amount of this insurance shall not be less than one million dollars ($1,000,000) on a
claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed
with the following specific language:
i. Notwithstanding any inconsistent statement in any required
insurance policies or any subsequent endorsements attached thereto, the protection
offered by all policies, except for Workers’ Compensation, shall bear an endorsement
whereby it is provided that, the City and its officers, employees, servants, volunteers and
agents and independent contractors, including without limitation, the City Manager and
City Attorney, are named as additional insureds. Additional insureds shall be entitled to
the full benefit of all insurance policies in the same manner and to the same extent as any
other insureds and there shall be no limitation to the benefits conferred upon them other
than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City may have,
shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
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vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City’s option, Contractor shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Contractor shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor:West Coast Services
Attn: Ken Fuller
30650 Rancho California Rd. Suite D406-61
Temecula, CA 92591
18. Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the professional reputation, experience and
competence of Contractor and the subcontractors listed in Exhibit B. Contractor shall be fully
responsible to City for all acts or omissions of any subcontractors. Assignments of any or all
rights, duties or obligations of the Contractor under this Agreement will be permitted only with the
express consent of the City. Contractor shall not subcontract any portion of the work to be
performed under this Agreement except as provided in Exhibit B without the written authorization
of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for
all acts or omissions of those subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any obligation on
the part of the City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
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20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys’ fees.
21. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party
shall have the option to strike two of the five mediators selected by JAMS and thereafter the
mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation,
either party may commence litigation.
22. Prohibited Interests. Contractor maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
23. Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
24. Prevailing Wages. Contractor is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects.
Contractor agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear
all risks of payment or non-payment of prevailing wages under California law, and Contractor
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
DocuSign Envelope ID: 49419D9A-DBAA-49C6-A68A-069806C08D57
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26. Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Contractor has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to
make this Agreement and to bind each respective party. The City Manager is authorized to enter
into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-
monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire
understanding between the parties relating to the obligations described herein. All prior or
contemporaneous understandings, agreements, representations and statements, oral or written,
are superseded in total by this Agreement and shall be of no further force or effect. Contractor’s
Proposal is incorporated only for the description of the scope of services and/or the schedule of
performance and no other terms and conditions from such proposal shall apply to this Agreement
unless specifically agreed to in writing. In the event of conflict, this Agreement shall take
precedence over those contained in the Contractor’s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City Attorney.
[Signatures on next page]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONTRACTOR”
West Coast Services, a corporation
By:Ken Fuller
Its:President
Attachments: Exhibit A – Contractor’s Proposal
Exhibit B – List of Subcontractors
DocuSign Envelope ID: 49419D9A-DBAA-49C6-A68A-069806C08D57
EXHIBIT A
EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
DocuSign Envelope ID: 49419D9A-DBAA-49C6-A68A-069806C08D57
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
DocuSign Envelope ID: 49419D9A-DBAA-49C6-A68A-069806C08D57
KTF, NC.
DBA.WEST COAST SERVICES
30650 Rancho California Road Ph: (951) 894-6161
Suite D406-61
Temecula,Ca.92591 Email:westcoastwindowcleaning@verizon.net
Attn.: Luis Ceja / Public Works Supervisor
Hector Gonzales / Facilities Supervisor
City of Lake Elsinore
130 South Main Street
Lake Elsinore, Ca. 92530
Phone: Luis - 951-805-9927
Hector -951-227-2150
Email : lceja@lake-elsinore.org
hgoruales@l ake -el sinore. org
We are pleased to submit the following proposals for 2024;
Job Site:Public Works Admin building
521 N. Langstaff St.
Lake Elsinore, CA 92530
West Coast Services is fully insured and bonded. Please do not hesitate to contact us
with any questions regarding this proposal.
Ken Fuller / President Date:6130123
To authorize our services, please sign and email this proposal back to
westcoastwindowcleanin g@verizon.net.
Service:
iption /
Window cleaning service- interior/exterior
Scheduled every 4 weeks
Total
Authorized By Title Date
Total
$22s.00
Per Service
$2,925.00
DocuSign Envelope ID: 49419D9A-DBAA-49C6-A68A-069806C08D57
KTF, INC.
DBA-WEST COAST SERVICES
30650 Rancho California Rd Ph: (951) 894-6161
Suite D406-61
Temecula,CA9259l Email:westcoastwindowcleaning@verizon.net
Attn: Luis Ceja / Public Works Supervisor
Hector Gonzales / Facilities Supervisor
City of Lake Elsinore
130 S. Main St.
Lake Elsinore Ca. 92530
Phone: Luis - 951-805-9927 Hector -951-227-2150
Email: lceja@lake-elsinore.org hgonalez@lake-elsinore.org
We are pleased to submit the following proposal for 2024
Job Sites: City Hall, Senior Center and Chamber of
Commerce
Window Cleaning Service - interior and exterior of City Hall including
awnings cleaned-also to include Community Service Office @ll4 S.
Main St.
Window Cleaning Service - interior and exterior -Senior Center
Scheduled every 4 weeks
$1s0.00
Per Service
$125.00
Per Service
Window Cleaning Service - interior and exterior- Chamber of Commerce
Scheduled every 4 weeks
Yearly Total $7,475.00
West Coast Services is fully insured and bonded.
with any questions regarding this contract.
Ken Fuller / President
To authorize our services, please sign and
westco astwin d ow clea ning@v et'tzon. n et.
Please do not hesitate to contact us
Date:6130123
email this contract back to
Authorized By Title Date
Service:
Description / Frequency Total
$300.00
Per Service
DocuSign Envelope ID: 49419D9A-DBAA-49C6-A68A-069806C08D57
KTF, INC.
DBA.WEST COAST SERVICES
30650 Rancho California Road
Suite D406-61
Temecula, CA 92591 Emai I : we stcoastwindowcleaning@verizon.net
Ph: (951) 894-6161
Attn: Luis Ceja / Public Works Supervisor
Hector Gonzales / Facilities Supervisor
City of Lake Elsinore
130 S. Main St.
Lake Elsinore Ca. 92530
Phone: Luis - 951-805-9927
Email : lcej a@lake-elsinore.org
Hector -951-227-2150
hgonzales@lake-elsinore.org
We are pleased to submit the following proposal for 2024
Job Sites: Lake Community Center
310 W. Graham Ave.
Lake Elsinore, Ca. 92530
West Coast Services is fully insured and bonded. Please do not hesitate to contact us
with any questions regarding this contract.
Ken Fuller / President Date:6130123
To authorize our seruices, please sign and email this contract back to
westcoastwindowcleanin g@verzion.net.
Service:
IF
Window Cleaning Service - interior and exterior
Scheduled every 4 weeks
Total
Authorized By Title Date
Total
$6s.00
Per Service
$84s.00
DocuSign Envelope ID: 49419D9A-DBAA-49C6-A68A-069806C08D57
KTF, INC.
DBA-WEST COAST SERVICES
30650 Rancho California Road Ph: (951) 894-6161
Suite D406-61
Temecula , Ca. 92591 Email: westcoastwindowcleaning @verizon.net
Attn.: Luis Ceja / Public Works Coordinator
Hector Gonzales - Facilities Supervisor
City of Lake Elsinore
130 South Main Street
Lake Elsinore, Ca. 92530
Phone: Luis - 951-805-9927
Email : lcej a@lake-elsinore.org
Hector -951-227-2150
hgonzales@lake-el s inore. org
We are pleased to submit the following proposal for 2024
Job Site: Dream Extreme Neighborhood Center
I l7 South Langstaff Street
Lake Elsinore, CA 92530
West Coast Services is fully insured and bonded. Please do not hesitate to contact us
with any questions regarding this proposal.
Ken Fuller Date:6130123
To authorize our services, please sign and email this proposal back to
westco as twin d owclea n ing@v erizo n. n et.
iption / F
Window cleaning service- interior/exterior
Scheduled every 4 weeks
Yearly Total
Authorized By Title Date
Service:
Total
$190.00
Per Service
2,470.00
DocuSign Envelope ID: 49419D9A-DBAA-49C6-A68A-069806C08D57
Client#:1997515
CERTIFICATE NUMBER:
KTFINC
COVERAGES REV]SION NUMBER:
ACORD*CERTIFICATE OF LIABILITY INSURANCE DATE (Mil/DrvrYYY)
6n9no23
THIS CERTIFICATE IS ISSUEO AS A I|iATTER 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 ]SSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
lf SUBROGATION lS WAIVEO, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certilicate does not conler any rights to the certificate holder in lieu of such endorsem€nt(s).
PNODUCER
Temecula lnsurance, div of US!
419232nd Street, Suite 201
Temecula, CA 92590
951 694-5200
fiSUIlct Brad Satute
iiuE ..,,95l 694-5200 lfr.no,, 951-302-0470
E,lHlE.". brad.salute@ usi.com
INSURER(S) AFFORDING COVERAGE NAIC '
;N5TJRER A: Ohio Casualty lnsurance Company 24074
INSURED
KTF, lnc.; West Coast Services
30650 Rancho California Road
Suite D406-61
Temecula, CA 92591
tNsuRER B: Ametican Fire & Casualty Company 24066
tNsuRER c: CompWBt lnsurance Company 12177
INSURER D;
INSURER E:
eF.
THIS IS TO CERTIFY THAT THE POLICIES OF INSUBANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUBED 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 HEBEIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER LtlrflTS
A xl COMMERCIAL GENERAL LIABILITY_
"*,r.-roo. fI o..r"
Y Y 8KO56274942 ta21no22 12J211202i EACH OCCURRENCE s 1.000.000
DAMAGE TO RENTEDPREMISES (Ea murerc6)$500,000
MED EXP (Any one person)s15,000
PERSONAL & AOV INJURY s 1,000,000
GEI\.I'L AGGREGATE LIMIT APPLIES PER:
f---l PRo.polrcvl .recr I lloc
OTHER:
GENERAL AGGREGATE s2,000,fi)O
PRODUCTS - COMP/OP AGG s2,000,000
$
AU'I
l
,OMOBILE UABIUTY
ANY AUTO
OWNED I SCHEDULEO
AUTOSONLY I i AUTOSHIRED I ; NON.OWNED
AUTOS ONLY I AUTOS ONLY
I
COMBINED SINGLE LIMIT
lFa ami.renl)s
BODILY INJURY (Por poen)s
BODILY INJURY (P€r a€id6nt)$
PHOPERTY DAMAGE(Per aeidBnt)$
$
B UUBRELLA UAB
EXCESS LIAB
X I occun---]
", o,r.-rott
E5A56274942 2/i21nO22 Pn1h021 EACH OCCURRENCE $5.000,000
x AGGREGATE s5.000,000
DED | ".r=*r,o* $$
c WORKERS COUPENSANON
aND EMPLOYERS'UABIUTY Y/N
ANY PROPR IETOH/PARTNEHUEXECUTIVE . --
N/A
Y cwwcP10006592601 tuo1no22
E.L. EACH ACCIOENT . rr,qqq,]tX)o
OFFICER/MEMBER EXCLUDED?
(trndttory ln NH)
lf yss, describe under
DESCRIPTION OF OPERATIONS b€IOf
E.L. DISEASE. EA EMPLOYEE s1,000,000
E,L, DISEASE. POLICY LIMIT s1.000,000
DESCR|mON OF OPERAnONS / LOCAnOilS / VEHTCLES (ACORD 101, Addltmd Rqnlrt3 schedulg my be attlchsd ll mol€ rp.ce lt Equlr€d)
The City, lts elected or appolnted otllcers, officaals, employees, agents and volunteers are to be Govered
as additional insured with respect to llability arising out of work performed by or on behall of the
Contractor, including matertals, parts or equipment furnished ln connection with such work or operataons.
Thls policy shall be considered primary insurance as
respects the City, its elected or appolnted officers, officials, employees, agents and volunteers. Any
(See Attached Descriptions)
CFRTIFIEATE HOLDER CANCELLATION
Gity ol Lake Elsinore
130 South Maln Street
Lake Elsinore, CA 92530
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORE
THE EXPIRATION OATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPFESENTATIVE
ACORD 25 (2016^)3) 1 ol 2 The ACORO name and logo are registered marks of AcoRD
It s40621 277 1M4062 1 1 33
O 1988-2015 ACORD CORPORATION. All rights reserved.
KASSL
DocuSign Envelope ID: 49419D9A-DBAA-49C6-A68A-069806C08D57
CERTIFICATE OF LIABILITY INSURANCE
COVERAGES
THIS CERNFrcATE IS ISSUED AS A MATTER OF IiIFORTATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIR]TATIVELY OR NEGATIVELY ATEND, EXTET{O OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF I]IISURAiICE DOES 1{OT CONSTITUTE A CONTRACT BETt,UEEil THE ISSUING INSURER(S), AUTHORIZED
REPRESET{TANVE OR PRODUCER, AI{D THE CERNFICATE HOLDER
IMPORTANT: lf the certificate holder is an ADDITIOi{AL INSURED, the policy(ies) must bo endo,Eed. lf SUBROGATIOT{ lS WAIVED, sublect to tho
tems and condltions of the policy, cettain policies may rcquirc an endorcement. A statement on this ceftncato does not confer rights to the
certificate holder in lieu of such
PRooUcER STATE FARM
MIKE BUCCIERIAGENCY
StateFarm 27403 YNEZ RD SUITE 218
& TEMEcuLA,cAg25el
\A/EST COAST SERVICES
30650 RANCHO CALIFORNIA RD SUITE D4O6-61
TEMECULA, CA 92591
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH 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 SHOW\ MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRITP TYPE OF INSURANCE POUCY NUUAER
POUCY EXP
rlII,DD/YYYYI UT]TS
GE'{ERAL LIABIUTY
COMMERCIAL GENERAL LIABILITY
l"*,u**oa occuR
-
EACH OCCURRENCE $
PRFMISFS lFe lmrehe\s
MED EXP (Any me peEon)$
PERSONAL & ADV INJURY $
l GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS . COMP/OP AGG $
*r'"r fl i$9 f l .oc $
A AU']ft,tELEUAEIUTV
I o*"orro
IALLO\AAIED I I SCHEDULEDIAUToS I IAUToSI T.-rl NoN-owr.rED
IHTREDAUTOS l^IAUTOSI t-t
41 6 5476-E07-55
263 9508-E08-55P
o5t07t2023 111O712023 COMEINED SINGLE LIMII(Ea eident)$ I,000,000
o51o712023 11tO7t2023 BOOILY INJURY (Per peEon)$
X BODILY INJURY (Per accident)$
X PROPERTY DAMAGE
(Per a€ident)$
MEDICAL PAYMENTS $2,000
uuBRELlrLtAB I loccun
ExcEssLtAB I l"*ur-uor.
EACH OCCURRENCE !
AGGREGATE $
oao I RETENTT.N s
AND EMPLOYERS' LIABILTTY Y'N
N'A
lilc STATU- I toTH.ToRYilMrrsl IFR
E.L. EACH ACCIDENT $
oFF|CE/MEMBER EXCLUDED? Ll(t.nd.tory in NH)
lf y6, dessibe undtr
E.L. DISEASE. EA EMPLOYEI !
E.L. DISEASE - POLICY LIMIT
DESCTPnON OF OPERATIONS , LOCATIONS , VEHICLES (Attrch ACORD tol, Addldon.l Rcmltr Schcduh, lf mon tp.c. b rcqulEd)
Certificate Holder is Additional lnsured
CERTIFICA'
CERTIFICATE NUMBER:
CANCELLATION
@ 1988-2010
REVISION NUMBER:
CORPORATION. All rights reerved.
1001486 1328r'.9.8 01-2}2013
Gity of Lake Elsinore
130 South Main St
Lake Elsinore, CA 92530
SHOULD Al{Y OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED It{
ACCORDAT{CE WITH THE POUCY PROVISIONS.
ACORD 2s (2010/05)The ACORD name and logo are rcgistered marks of ACORD
DocuSign Envelope ID: 49419D9A-DBAA-49C6-A68A-069806C08D57
CITY OF LAKE ELSINORE
TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:
Business Location:
Owner Name(s):
BUSINESS LICENSE NO.
Issue Date:
Description:
Expiration Date:
BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
28924 OLD TOWN FRONT ST STE 104 Business Type:
TEMECULA, CA 92590-2857
WEST COAST SERVICES
KTF, INC.
30650 RANCHO CALIFORNIA RD D406-61
TEMECULA, CA 92591-3279
This business license is issuedfor revenue purposes only anddoes not grant authorization
to operate a business. This business license is issuedwithout verificationthat the holder is
subject to or exempted from licensing by the state, county, federal government, or any
other governmental agency.
Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124
WEST COAST SERVICES
KENNETH FULLER
SERVICE/GENERAL-MISC.
WINDOW CLEANING SERVICE
004234
7/1/2023 6/30/2024
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/
DocuSign Envelope ID: 49419D9A-DBAA-49C6-A68A-069806C08D57