2013/08/06 Inland Empire Property Services, Inc. FY13 Weed abatement services CONTRACTOR AGREEMENT
THIS AGREEMENT for Professional Services ("Agreement") is made this 26th day of
July, 2013 ("Effective Date') by and between the CITY OF MENIFEE ("City") and Inland Empire
Property Services, Inc.. ("Contractor") (together sometimes referred to the "Parties").
Section 1. SERVICES. Subject to the terms and conditions set forth in this
Agreement, Contractor shall provide to City the services described in the Scope of Work,
(Exhibit A) and incorporated here. Contractor will perform subsequent Task Orders as
requested by the Contract Administrator, in accordance with the Scope of Work. In the event of
a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement
shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on August 6,
2013 and shall end as described in the Task unless the term of the Agreement is otherwise
terminated or extended as provided for in Section 8. The time provided to Contractor to
complete the services required by this Agreement shall not affect the City's right to terminate the
Agreement, as provided for in Section 8.
1.2 Standard of Performance. Contractor shall perform all services required
pursuant to this Agreement in the manner and according to the standards observed by a
competent practitioner of the profession in which Contractor is engaged in the geographical
area in which Contractor practices its profession and to the sole satisfaction of the Contract
Administrator.
1.3 Assignment of Personnel. Contractor shall assign only competent
personnel to perform services pursuant to Agreement. In the event that City, in its sole
discretion, at any time during the term of this Agreement, desires the reassignment of any such
persons, Contractor shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services
pursuant to this Agreement as may be reasonably necessary to satisfy Contractor's obligations
hereunder.
1.5 Authorization to Perform Services. The Contractor is not authorized to
perform any services or incur any costs whatsoever under the terms of this Agreement until
receipt of authorization from the Contract Administrator.
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to
exceed $100,000 notwithstanding any contrary indications that maybe contained in Contractor's
proposal, for services to be performed and reimbursable costs incurred under this Agreement.
In the event of a conflict between this Agreement and Exhibit A, regarding the amount of
compensation, this Agreement shall prevail. City shall pay Contractor for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The payments
specified below shall be the only payments from City to Contractor for services rendered
pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified
G
4824-7172-0963.1
Professional Services Agreement with Inland Empire Property Services,Inc. I of 12
herein. Except as specifically authorized in advance by City, Contractor shall not bill City for
duplicate services performed by more than one person.
2.1 Invoices. Contractor shall submit invoices monthly during the term of this
Agreement, based on the cost for services performed and reimbursable costs incurred prior to
the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
• The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement,
and the percentage of completion;
• At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person
doing the work, the hours spent by each person, a brief description of the
work, and each reimbursable expense;
• The total number of hours of work performed under the Agreement by
Contractor and each employee, agent, and subcontractor of Contractor
performing services hereunder necessary to complete the work described in
Exhibit A;
• Receipts for expenses to be reimbursed;
• The Contractor's signature.
2.2 Monthly Payment. City shall make monthly payments, based on
invoices received, for services satisfactorily performed, and for authorized reimbursable costs
incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of
the requirements above to pay Contractor.
2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum
due pursuant to this Agreement within sixty (60) days after completion of the services and
submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or
cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified in writing prior to the submission of such an invoice.
2.6 Hourly Fees. Fees for work performed by Contractor on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within
the maximum amount of the contract.
C P14
4824-7172-0963.1 2 of I 1
2.7 Payment of Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Contractor
terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for
all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of
the date of written notice of termination. Contractor shall maintain adequate logs and timesheets
in order to verify costs incurred to that date.
Section 3. FACILITIES AND EQUIPMENT. Except as otherwise provided,
Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to
perform the services required by this Agreement. City shall make available to Contractor only
physical facilities such as desks, filing cabinets, and conference space, as may be reasonably
necessary for Contractor's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those
facilities shall be in the sole discretion of City. In no event shall City be required to furnish any
facility that may involve incurring any direct expense, including but not limited to computer, long-
distance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this
Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of
insurance checked below and provide Certificates of Insurance, indicating that Contractor has
obtained or currently maintains insurance that meets the requirements of this section and which
is satisfactory, in all respects, to the City. Contractor shall maintain the insurance policies
required by this section throughout the term of this Agreement. The cost of such insurance shall
be included in the Contractor's compensation. Contractor shall not allow any subcontractor,
Contractor or other agent to commence work on any subcontract until Contractor has obtained
all insurance required herein for the subcontractor(s) and provided evidence thereof to City.
Verification of the required insurance shall be submitted and made part of this Agreement prior
to execution. Contractor acknowledges the insurance policy must cover inter-insured suits
between the City and other Insureds.
4.1 Workers' Compensation. Contractor shall, at its sole cost and expense,
maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Contractor. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not
less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS
($1,000,000.00) disease per employee, ONE MILLION DOLLARS ($1,000,000.00) disease per
policy . In the alternative, Contractor may rely on a self-insurance program to meet those
requirements, but only if the program of self-insurance complies fully with the provisions of the
California Labor Code. Determination of whether a self-insurance program meets the standards
of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Contractor, if a program of self-insurance is provided, shall waive
all rights of subrogation against the City and its officers, officials, employees, and authorized
volunteers for loss arising from work performed under this Agreement.
4.2 Commercial General
Automobile Liability Insurance.
4824-7172-0963.1 3 of 11
4.2.1 General requirements. Contractor, at its own cost and expense,
shall maintain commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per
occurrence, combined single limit coverage, for risks associated with the work contemplated by
this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, TWO MILLION
DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General
Liability Insurance or an Automobile Liability 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. Such coverage shall include but shall not be limited to, protection against
claims arising from bodily and personal injury, including death resulting therefrom, and damage
to property resulting from activities contemplated under this Agreement, including the use of
hired, owned and non-owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage
shall be at least as broad as Insurance Services Office Commercial General Liability occurrence
form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and
Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General
Liability. Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached
limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included
in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident
basis, and not on a claims-made basis.
b. Any failure of Contractor to comply with reporting
provisions of the policy shall not affect coverage provided to City and its officers, employees,
agents, and volunteers.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Contractor, at its own cost and expense,
shall maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less than
ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and
omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if
the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must
be no later than the commencement of the work.
b. Insurance must be maintained and evidence of insurance
must be provided for at least five (5) years after completion of the Agreement or the work, so
C
long as commercially available at reasonable rates.
4824-7172-0963.1 4 of 11
C. If coverage is canceled or not renewed and it is not
replaced with another claims-made policy form with a retroactive date that precedes the date of
this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5)
years after completion of the Agreement or the work. Such continuation coverage may be
provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting
period endorsement; or (3) replacement insurance with a retroactive date no later than the
commencement of the work under this Agreement. The City shall have the right to exercise, at
the Contractor's sole cost and expense, any extended reporting provisions of the policy, if the
Contractor cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be
submitted to the City prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section
is to be placed with insurers with a Bests' rating of no less than A:VII and admitted in California.
4.4.2 Verification of coverage. Prior to beginning any work under this
Agreement, Contractor shall furnish City with Certificates of Insurance, additional insured
endorsement or policy language granting additional insured status complete certified copies of
all policies, including complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The Certificate of Insurance must include the following reference: City
of Menifee General Nuisance Abatement Services. The name and address for Additional
Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee,
29714 Haun Road, Menifee, CA 92586. The City must be endorsed as an additional insured for
liability arising out of ongoing and completed operations by or on behalf of the Contractor.
4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified
endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that
coverage shall not be suspended, voided, canceled or materially changed by either party, or
reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified,
mail, return receipt requested, has been given to the City. In the event that any coverage
required by this section is reduced, limited, cancelled, or materially affected in any other
manner, Contractor shall provide written notice to City at Contractor's earliest possible
opportunity and in no case later than ten (10) working days after Contractor is notified of the
change in coverage.
4.4.4 Additional insured: primary insurance. City and its officers,
employees, agents, and authorized volunteers shall be covered as additional insureds with
respect to each of the following: liability arising out of activities performed by or on behalf of
Contractor, including the insured's general supervision of Contractor; products and completed
operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and
automobiles owned, leased, or used by the Contractor in the course of providing services
pursuant to this Agreement. The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or authorized volunteers. The
insurance provided to the City as an additional insured must apply on a primary and non-
004
4924-7172-0963.1 5 of 11
contributory basis with respect to any insurance or self-insurance program maintained by the
City. Additional insured status shall continue for (1) year after delivery of product(s).
A certified endorsement must be attached to all policies stating that
coverage is primary insurance with respect to the City and its officers, officials, employees and
volunteers, and that no insurance or self-insurance maintained by the City shall be called upon
to contribute to a loss under the coverage.
4.4.5 Deductibles and Self-insured Retentions. Contractor shall
obtain the written approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express
written authorization of Contract Administrator, Contractor may increase such deductibles or
self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Contractor procure a bond guaranteeing payment of
losses and related investigations, claim administration, and defense expenses that is
satisfactory in all respects to each of them.
4.4.6 Subcontractors. Contractor shall include all subcontractors as
insureds under its policies or shall furnish separate certificates and certified endorsements for
each subcontractor. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
4.4.7 Variation. Contract Administrator may approve in writing a
variation in the foregoing insurance requirements, upon a determination that the coverage,
scope, limits, and forms of such insurance are either not commercially available, or that the
City's interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies City may have if Contractor
fails to provide or maintain any insurance policies or policy endorsements to the extent and
within the time herein required, City may, at its sole option, exercise any of the following
remedies, which are alternatives to other remedies City may have and are not the exclusive
remedy for Contractor's breach:
• Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under the Agreement;
• Order Contractor to stop work under this Agreement or withhold any
payment that becomes due to Contractor hereunder, or both stop work and
withhold any payment, until Contractor demonstrates compliance with the
requirements hereof; and/or
• Terminate this Agreement.
(,3�,
4824-7172-10963A 6 of 11
Section 5. INDEMNIFICATION.
Contractor shall defend, indemnify and hold City, its officials, officers, employees, volunteers
and agents free and harmless from any and all claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury, in law or equity, to property or persons, including
wrongful death, in any manner which actually or allegedly arise out of or are incident to any
alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers,
employees, agents, and subcontractors arising out of or in connection with the performance of
the Services, the Project or this Agreement, including without limitation the payment of all
consequential damages and attorneys' fees and other related costs and expenses except where
caused by the active negligence, sole negligence, or willful misconduct of the City its officers,
officials, employees and volunteers.
Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid
suits, actions or other legal proceedings of every kind that may be brought or instituted against
the City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay
and satisfy any judgment, award or decree that may be rendered against the City or its
directors, officials, officers, employees, agents or volunteers, in any such suit, action or other
legal proceeding. Contractor shall reimburse the City and its directors, officials, officers,
employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each
of them in connection therewith or in enforcing the indemnity herein provided. Contractor's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City,
its directors, officials, officers, employees, agents or volunteers.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement,
Contractor shall be an independent contractor and shall not be an employee of City. City shall
have the right to control Contractor only insofar as the results of Contractor's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City,
state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of
its employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees Retirement
System (PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this
agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractor
shall comply with all applicable local, state and federal laws and regulations applicable to the
performance of the work hereunder. Contractor shall not hire or employ any person to perform
work within the City of Menifee or allow any person to perform work required under this
Agreement unless such person is properly documented and legally entitled to be empl
4824-7172-0963.1 7 of l l
within the United States. Contractor shall obtain a City of Menifee business license. Contractor
shall require the same of all subcontractors.
7.3 Licenses and Permits. Contractor represents and warrants to City that
Contractor and its employees, agents, and any subcontractors have all licenses, permits,
qualifications, and approvals of whatsoever nature that are legally required to practice their
respective professions. Contractor represents and warrants to City that Contractor and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all
times during the term or this Agreement any licenses, permits, and approvals that are legally
required to practice their respective professions. In addition to the foregoing, Contractor and
any subcontractors shall obtain and maintain during the term of this Agreement valid Business
Licenses from City.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without
cause upon written notification to Contractor.
Contractor may cancel this Agreement upon 30 days' written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for
services performed to the effective date of termination; City, however, may condition payment of
such compensation upon Contractor delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Contractor or
prepared by or for Contractor or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end
date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall
require a written amendment to this Agreement, as provided for herein. Contractor understands
and agrees that, if City grants such an extension, City shall have no obligation to provide
Contractor with compensation beyond the maximum amount provided for in this Agreement.
Similarly, unless authorized by the Contract Administrator, City shall have no obligation to
reimburse Contractor for any otherwise reimbursable expenses incurred during the extension
period.
8.3 Amendments. The parties may amend this Agreement only by a writing
signed by all the parties.
8.4 Assignment and Subcontracting. City and Contractor recognize and
agree that this Agreement contemplates personal performance by Contractor and is based upon
a determination of Contractor's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Contractor. Contractor
may not assign this Agreement or any interest therein without the prior written approval of the
Contract Administrator. Contractor shall not subcontract any portion of the performance
contemplated and provided for herein, other than to the subcontractors noted in the proposal,
without prior written approval of the Contract Administrator. In the event that key personnel
leave Contractor's employ, Contractor shall notify City immediately. (kP
4824-7172-0963.1 8 of 11
8.5 Survival. All obligations arising prior to the termination of this Agreement
and all provisions of this Agreement allocating liability between City and Contractor shall survive
the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches
any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all
of the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design
documents, and any other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different Contractor to complete the work described in
Exhibit A not finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete
the work described in Exhibit A that is unfinished at the time of breach and the amount that City
would have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor's Performance. All reports,
data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies,
specifications, records, files, or any other documents or materials, in electronic or any other
form that Contractor prepares or obtains pursuant to this Agreement and that relate to the
matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and agreed
that the documents and other materials, including but not limited to those described above,
prepared pursuant to this Agreement are prepared specifically for the City and are not
necessarily suitable for any future or other use. City and Contractor agree that, until final
approval by City, all data, plans, specifications, reports and other documents are confidential
and will not be released to third parties without prior written consent of both parties unless
required by law.
9.2 Contractor's Books and Records. 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 the City under this Agreement for a minimum of three (3) years, or for any longer
period required by law, from the date of final payment to the Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that
Section 9.2 of this Agreement requires Contractor to maintain shall be made available for
inspection, audit, and/or copying at any time during regular business hours, upon oral or written
request of, the City. Under California Government Code Section 8546.7, if the amount of public
funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the request of
City or as part of any audit of the City, for a period of three (3) years after final payment under
the Agreement. 61
4824-7172-0963.1 9 of 11
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If either party to this Agreement brings any action,
including an action for declaratory relief, to enforce or interpret the provision of this Agreement,
the prevailing party shall be entitled to reasonable attorneys' fees and expenses including costs,
in addition to any other relief to which that party may be entitled. The court may set such fees in
the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other
under this Agreement, the parties agree that trial of such action shall be vested exclusively in
Riverside County.
10.3 Severability. If a court of competent jurisdiction finds or rules that any
provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement
not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific
provision of this Agreement does not constitute a waiver of any other breach of that term or any
other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure
to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Contractor Representative. All matters under this Agreement shall be
handled for Contractor by Charles Maciel, President, Inland Empire Property Services, Inc.
10.7 City Contract Administration. This Agreement shall be administered by
a City Employee, Colin Mccie, Building Official ("Contract Administrator"). All correspondence
shall be directed to or through the Contract Administrator or his or her designee.
10.8 Notices. Any written notice to Contractor shall be sent to:
Inland Empire Property Services, Inc
P.O. Box 9908
Moreno Valley, CA 92552-1908
Any written notice to City shall be sent to the Contract Administrator with a copy
to:
City Clerk
City of Menifee
29714 Haun Road
Menifee, CA 92586
10.9 Professional Seal. Where applicable in the determination of the
Contract Administrator, the first page of a technical report, first page of design specifications,
and each page of construction drawings shall be stamped/sealed and signed by the license
4824-7172-0963.1 10 of 11
professional responsible for the report/design preparation. The stamp/seal shall be in a block
entitled "Seal and Signature of Registered Professional with report/design responsibility," as in
the following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.10 Integration. This Agreement, including the scope of work attached
hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement
between City and Contractor and supersedes all prior negotiations, representations, or
agreements, either written or oral.
10.11 Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be an original and all of which together shall constitute one
agreement.
10.12 Nondiscrimination. Contractor shall not discriminate in any way, against
any person n the basis of race, color, religious creed, national origin, ancestry, sex, age,
physical handicap, medical condition or marital status in connection with or related to the
performance of this Agreement.
10.13
Section 11.
The Parties have executed this Agreement as of the Effective Date.
CITY O*MN C NTH
Scott A. Mann, Mayor ha es Maciel, President
KathyB/ennlett,! ity Clerk We&rena Macf,l, Chief Financial Officer
Approved as to Form:
L::�IL
JulW H. Biggs, I erim y Attorney
4824-7172-0963.1 11 of 11
INLAND EMPIRE PROPERTY SERVICES, INC.
P.O.Box 9908,Moreno Valley,CA 92552-1908
Phone(951) 924-6905 Fax(951)924-7773
E-Mail:gotweedsca@aol.com
2) METHODOLOGY AND SCOPE OF WORK
Inland Empire Property Services,Inc.is fully familiar and understands the importance and
needs of performing weed and nuisance abatements safely,effectively and economically for
the City of Menifee. Inland Empire Property Services,Inc.has been performing weed
abatement and nuisance abatement since 1986 in the Inland Empire and over the years has
developed techniques and set standards for Cities and Counties to follow to better protect
the public.
Inland Empire Property Services,Inc.understands the importance of performing a job
quickly and most importantly performing it right the first time. Our strategies and
techniques that we have developed allow us to hit a City hard and with full force to get in,
get the job done and get out first,safely,effectively and efficiently. For example,Inland
Empire Property Services,Inc.receives 240 parcels from the City of Moreno Valley that
includes weed abatement,clean-ups,tree trimming,and complete the City's task in ten
business days.
Inland Empire Property Services,Inc.proposes to meet with the City Of Menifee's Code
Enforcement Division prior to the weed abatement season so that we are all on a first name
basis as we serve your City. We will establish a rapport with the Code Enforcers by laying
out a detailed plan on how we operate effectively and what it requires from the Code
Enforcement Division in order for Inland Empire Property Services,Inc.to perform
effectively. It is a basic formula that requires team efforts from the City as well as the
contractor. We meet with Code Enforcers to understand their objectives and requirements
and establish the guidelines as to what is weed abatement and nuisance abatement.
If the City of Menifee would like Inland Empire Property Services,Inc.to perform the
compliance/non-compliance inspections we would request a list of all parcels that would
fall under the weed abatement program so that we may do a full survey of the City. This
survey takes place after the City sends out their 30 days notice to the vacant parcel owners.
4
INLAND EMPIRE PROPERTY SERVICES, INC.
P.O.Box 9908,Moreno Valley,CA 92552-1908
Phone(951) 924-6905 Fax(951)924-7773
E-Mail:gotweedsca@aol.com
Methodology and Scope of Work Cont'd
We then survey the parcels and return to Code Enforcement the list of non-compliant
parcels and the reason for non-compliance. Code Enforcement can then send out a 10 day
notice with specific non-compliance codes instead of a general notice which clearly informs
the property owner in detail of the violation and the requirements the City of Menifee has
established and what is expected. On the 11th day Inland Empire Property Services,Inc.re-
inspects the list for compliance and returns the list again to the Code Enforcement Division
as to non-compliance of the second inspection. Code Enforcement then reviews the list and
gives to Inland Empire Property Services,Inc.the list of non-compliant parcels,on the 13th
day Inland Empire Property Services,Inc.then proceeds with and performs weed
abatement and nuisance abatement as to the requirements of the City of Menifee.
The reason Inland Empire Property Services,Inc.does the inspections so quickly is the
sooner we complete the survey the sooner we get the work processed. The more thorough
we are on our surveys and the more work we potentially get completed quickly,the better
the City is protected for weed and nuisance issues. By hiring Inland Empire Property
Services,Inc.to perform the surveys allows the Code Enforcement Division to perform most
effectively in their duties by focusing on more pressing code violations that require a more
one and one with property owners'.
Inland Empire Property Services,Inc.also has an emergency team to handle a multitude of
nuisance abatements from pool pumps,board-ups,clean ups and fencing on a 24/7 basis.
Inland Empire Property Services, Inc.has no limits in serving a City. Inland Empire
Property Services,Inc.has removed graffiti to demolishing a home and everything in
between. We have access to dozers that handle hill sides and road graders to do parking
lots. You need it done,we do it.
When Inland Empire Property Services,Inc.arrives to a jobs'location we first start by
taking before pictures of the parcel and then proceed to disc or mow(per City
S
INLAND EMPIRE PROPERTY SERVICES, INC.
P.O.Box 9908,Moreno Valley,CA 92552-1908
Phone(951)924-6905 Fax(951)924-7773
E-Mail:gotweedsca@aol.com
Methodology and Scope of Work Cont'd
requirements),and weed eat any area that the tractor can not access. Trim trees up to 8'
from the ground,pick up any trash,junk and debris,including tires concrete and asphalt
and disposes of such items at an approved landfill or recycle center. Any areas where
sidewalks or streets exist we will clear of weeds and any dirt that may have been dumped
on the sidewalk or street will be removed. Once the job has been completed,after pictures
are taken from the same locations as the before pictures to show evidence as best as the
environment allows to show the work performed.
After the work is completed the team leader returns to the office to drop off the work
performed. The office staff takes this information of the work finished and begins the
process of producing a case file for each parcel. Every case file will include a folder binder
and will contain two invoices,one for purchasing,one for the file;a Contractor Worksheet
describing the work performed,an APN map of the job site,and before and after photos of
the job. Each folder will have the APN#or address of the job so when Code Enforcement
receives the folder all they have to do is document the APN or address and file the case as
done. Everything is now completed and there is no need for City personnel to take on
additional work,which in turn saves the City's resources. When a property owner contests
a charge on their tax bill Code Enforcement only needs to pull the case file and at their
hands will have the Contractor Worksheet describing the work performed,an APN map
showing the location of the job along with the photos showing what was completed all at
their finger tips. Anything less than this would be a disservice to a City to perform
effectively.
6
INLAND EMPIRE PROPERTY SERVICES, INC.
P.O.Box 9908,Moreno Valley,CA 92552-1908
Phone(951)924-6905 Fax(951) 924-7773
E-Mail:gotweedsca@aol.com
9) COMPENSATION SCHEDULE
A) Weed Abatement
• Minimum Charge $150.00
• Discing/Mowing $115.00 Up to 1 Acre
• Each Additional Acre $115.00 Per Acre
• Handwork-weed eating $40.00 Per Man Hour
(work that cannot be performed with tractor)
• Special Equipment $175.00 Per Hour- 3 Hour Minimum
(Bobcat)
• Dozer Work $600 Per Hour- 4 Hour Minimum
B) Clean up &Trash Removal
• Trash Removal $65.00 Per Cubic Yard
• Asphalt/Concrete Removal $125.00 Per Cubic Yard
• Tires (regular size) $10.00 Per Tire
• Tires (large size/tractor) $25.00 Per Tire
• Dump Fees Actual Receipt (Copy)
C) Tree Trimming, Not Beautification - Non-licensed Arborist
• Trimming of Trees 8'up from Ground $40 Per Man Hour Plus
$65.00 Per Cubic Yard
(plus actual dump cost)
• Trimming of Trees above 8'from Ground $40 Per Man Hour Plus
$65.00 Per Cubic Yard
(plus actual dump cost,plus
Boom Lift rental cost)
D) Pool Pumping
• Pool/Spa Pumping $325.00
Includes pumping of 1 pool and/or 1 spa
E) Weed Abatement Inspections on unimproved and approved parcels.
• Compliance/ Non-Compliance Inspections: $1.50 Per Parcel
21
INLAND EMPIRE PROPERTY SERVICES, INC.
P.O.Box 9908,Moreno Valley,CA 92552-1908
Phone(951) 924-6905 Fax(951)924-7773
E-Mail:gotweedsca@aol.com
COMPENSATION SCHEDULE CONT'D
F) Securing/board up of vacant/abandoned/substandard structures
• Minimum Charge $150.00
• Small Window Under 24x24 $75.00
• Standard Window Under 48x48 $90.00
• Large Window under 48x96 $100.00
• Jumbo Window under 96x96 $125.00
• Slider Window $125.00
• Pedestrian Door w/o hinges $100.00
• Pedestrian Door w/hinges&lock $125.00
• Garage Door Time and Material @ $40.00
Per Man Hour
G) Administrative Overhead costs related to this contract: $12 Per File
• Building case file,includes but not limited to: two invoices, photos for
each parcel (before and after), contractors worksheet&receipts if
applicable all combined in one folder with the property address or
APN# clearly marked on folder tab.
H) Demolition and removal of Structures
• Time and Materials
1) Installation of Temporary fencing
• Time and Materials
J) Emergency Abatement of wells, septic tank systems, or excavations
• Time and Materials
K) Photographing and otherwise documenting work performed under the
contract
• 4 x 6 Copies of Digital Color Photos Included in Admin Fee
L) Travel Costs
• Not applicable. Except after 4:30pm-Time and a half, plus materials.
Charles Maciel
President,Ace Weed Abatement, Inc.
22