Cities Index.
Attachment 3 - Original Agreement

Lake Elsinore City Council
July 9, 2024

Document
Attachment 3 - Original Agreement
Meeting
July 9, 2024
Body
Lake Elsinore City Council
Pages
10
Original file
6.5 MB
Text extracted from the city's file for reading and search. Open the original on lakeelsinore.primegov.com. That file is the official record.

DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC

AGREEMENT FOR CONTRACTOR SERVICES
AK Security Alarm LLC

ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the "Agreement") is made and entered into as of September 13, 2022 by and between the City of Lake Elsinore, a municipal corporation (the "City") and AK Security Alarm, a LLC (the "Contractor").

RECITALS
A. The City has determined that it requires the following services:

On-call minor construction and repair services
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated August 8, 2022, both of which are attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement.

C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions Agreement.

AGREEMENT
Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call and minor construction support on an as needed basis.

2. Time of Performance.

Iime of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work.

Performance Schedule. Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager.

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DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on September 13, 2022 and ending September 12, 2023. 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.

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 for four hundred five thousand dollars and no cents ($405,000.00) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff.

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 he 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.

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) work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City

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DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC 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, Reports, Documents
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.

Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data, which were prepared by design professionals other than Contractor or provided, to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

C. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Contractor shall not, without the prior written consent of City, use such materials for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor, which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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 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.

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DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC 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.

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 whatsoever against City, or bind City in any manner.

Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would

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DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC 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 possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).) Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise.

13. Compliance with Laws.
a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and/or its employees, officers, or board members.

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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DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC 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.

Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies.
i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.

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DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VIl 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 tan ding any 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.

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.

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.

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.

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.

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.

Certificates of Insurance. Contractor shall provide certificates of insurance vith original endorsements to City as evidence of the insurance coverage required hereir Certificates of such insurance shall be filed with the City on or before commencement o 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.

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DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC 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: AK Security Alarm LLC
Attn: Oscar Gomez
11521 Trailrun Court
Riverside CA 92505

18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

20. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.

21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

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

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DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC 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.

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.

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.

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.

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.

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.

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

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DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC 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.
document exeCute by Beats This or and City any arrestorey they relen IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
"CITY" "CONTRACTOR"
CITY OF LAKE ELSINORE, a municipal AK Security Alarm, a LLC corporation
- DocuSigned by:
- DocuSigned by: OSCAR GOMEt
Jason Simpson
City Manager By: Oscar Gomez
Its: Owner
ATTEST:
- DocuSigned by:
944B4497400406
City Clerk
APPROVED AS TO FORM:
- DocuSigned by:

Barbara Leibold
SB
Assistant City Manager
Attachments: Exhibit A - Contractor's Proposal

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DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC

EXHIBIT A

CONTRACTOR'S PROPOSAL
[ATTACHED]

EXHIBIT A
DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC

COVER LETTER
AK Security Alarm LLC is pleased to present this proposal to the City of Lake Forest for a complete, turn- key, security maintenance program.

AK Security Alarm LLC specializes in the design, installation, integration, and service of Security and fire alarm systems, and we also focus on Access Control systems and Closed Circuit TV (CCTV) camera surveillance systems for residential and commercial applications.

AK Security Alarm LLC can provide you with a solution for your security system requirement from a single family home to larger estates or apartment complexes, or small business to a larger industrial facility. We have a solution for your needs.

Through our partner operations, AK Security Alarm LLC can reach out and help protect customers in locations that might otherwise be unavailable.

CORPORATE OFFICE INFORMATION:

AK Security Alarm LLC | Riverside
11521 Trailrun Court
Riverside, CA 92505
Email: [email protected]
Phone: 1(951) 395-0006
https://aksecuritvalarm.net/
Licences:
• Alarm: ACO07848
• C10: 1005318
AK Security Alarm LLC is uniquely qualified to provide your Contractor Services Agreement Citywide Advanced Security, Surveillance, and Communication Systems at the City of Lake Elsinore.

AK Security Alarm LLC is well positioned to service the City of Lake Elsinore with our own team of dedicated technical resources, including an extensive vehicle fleet, based locally out of our Riverside and other local offices.

Authorized Signers:

Oscar Gomez
Owner
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DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC

PERSONNEL
MANAGEMENT CONTACT:

The Account Executive is responsible for all business communicating regarding the service contract and additional related projects. The Account Executive will communicate directly with the customer to ensure the deal is being executed to plan.

Oscar Gomez
Owner
(951) 395-0006

SITE AND PROJECT MANAGER
The project manager is responsible for the overall performance and execution of AK Security Alarm LLC scope of work throughout the contract. The Project Manager focuses on all aspects of project performance, especially those that relate to resource planning and scheduling, communication, customer satisfaction, and quality assurance.
• Serves as primary communication interface on project related matters. • Coordinates the development of documentation to support and maintain the City's Networking. • Schedules any activities in concert with the overall schedule. • Change management and control of services as needed.
• Resolves contractual issues.
• Issues weekly status reporting.

OPERATIONS SERVICE MANAGER
The Service Manager is responsible for the overall performance and execution of the contracted services.

The service manager becomes hour point of contact after initial implementation and fully transition into service delivery.

RESOURCES BIO
Oscar Gomez - Project Manager, Technician C1o Certified (951) 395-0006
Oscar has over nineteen years of experience with integrated security and networking systems, including experience with engineering, programming, and commissioning of CCTV, ALPR, Access Control systems, and cabling data center. Oscar has extensive experience designing, installing, and managing electrical/video security solutions with our local government sector, including the cities of the City of Laguna Hills. Oscar is a certified C1o Electrician, access control, CCTV, and alarm platforms. Oscar possesses extensive experience in the following specific systems:
• AXIS • SelectDNA
• Arecont Vision • Exaca
• QNAP • Single PH
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DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC • Three PH • Firelight
• DSC • Kantech
• Honeywell QSC
SilentKnight
Robert Masariego - Operations Service Manager
1 (213) 308-0991
Robert has over seventeen years of experience with security and networking systems, including experience programming and commissioning CCTV and Access Control systems and cabling data center.

Robert Masariego possesses extensive experience in the following specific systems:
• Axis
• Arecont Vision
• QNAP
• Firelight
Kantech
SilentKnight
Exacq
Honeywell
• DSC
OSC
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DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC

SCOPE OF WORK
The scope of work is to provide the City of Lake Elsinore a full-service maintenance for Citywide Advanced Security, Surveillance, and Communication Systems. Maintenance services is 24 hour-a-day, 7 day-a-week. The scope of work ensures continued services in support of day-to-day operations, system maintenance, staffing training, immediate operational demands and new Citywide capital projects assessments.

AK Security Alarm staff is focused on preventive maintenance by staffing highly capable engineers in security, surveillance, network, fire systems to provide endless security perseverance tailored to the City's precise needs and prevent incidents from happening.

PROPOSED STAFFING MODEL
• Oscar Gomez, Project Director/Architect
• Robert Masariego, Operations Supervisor

ACTIVITIES
• Detailed Maintenance activities can be found in Section A.

GENERAL SERVICE
• Implement and maintain a detailed inventory master of all Citywide equipment • UPS/UPC Maintenance

SECURITY / SURVEILLANCE
• Annual Penetration testing for Security and Surveillance • Installation and Maintenance
• Firmware upgrade
Adjusting focusing of cameras
• Cleaning of cameras
• Total Connect cloud service maintenance
• Maintenance and Part Replacement
• Window/Door sensor
• Motion detectors
• Glass breaks
• Keypads
• Horn and strobes
• Systems batteries
Wiring
• Zone expanders
• Wireless contacts
• Panic buttons (wired and hardware)

CAMERAS
• Installation and Maintenance
6| Page
DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC • Axis cameras
• Software/Firmware updates
• Labor for parts replacement as needed (does not include parts)

ACCESS CONTROLS
Installation and Maintenance

AUDIO VISUAL
• Installation and Maintenance

COMMUNICATION SYSTEMS AND INFRASTRUCTURE
Installation and Maintenance
• Cell and communication
• Servers
Networking
Wireless access points
Launch points

FIRE SYSTEM
• Installation and Maintenance

CURRENT MAINTENANCE LOCATION
• City Hall City of Lake Elsinore
• Cultural Center
• Dream Neighborhood Center
Historical Museum
Lake Community Center
Launch Pointe Clubhouse
Lunch Pointe Main Building/Shop
McVicker Canyon Park
Surveillance Mobile Unit
Planet Youth
The Anchor
Senior Center
• Public Works Yard
• New Admin building
• Old Admin building
• Shop
• Parks
• Rosetta Park
• Admin building
• Shop
7|Page
DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC • Snack Bar
• Canyon Hills Community Park
• Swick Matick Park
• Summerly Community Park
• Diamond Stadium + expanded areas
• McVicker Park
• Lakepoint Park
• Machado Park
• Alberhill Park
• Channel Walk
• Christensen Community Park
• City Park
• Creekside Park
• Lincoln Street Park
• Linear Park
• Oak Tree Park
• Rosetta Canyon Sports Park
• Serenity Park & Skate Park
• Summerhill Park
• Summerlake Park
• Tuscany Hills Park
• Yarborough Park
• Boys & Girls Clubhouse at Alberhill Park
• Cultural Center
• Lake Community Center
• Senior Activity Center
• Youth Opportunity Center
8 | Page
DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC

COST PROPOSAL
Pricing is good for 30 days.

Payment Terms
Annual Cost Invoice Frequency

1. Maintenance Service Labor as defined in $200,000.04 Paid monthly $16,666.67 Section A

2. Parts/Equipment additional capital $174,999.96 Invoiced as incurred projects covered under this agreement
(20% parts markup)

3. Fire alarm systems monitoring services $10,000 Invoiced monthly

4. Alarm systems monitoring services $20,000 Invoiced monthly 9|Page
DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC Section A
AK Security Alarm LLC - Surveillance and Communication System Preventive Maintenance Supporting City's Security and Fire for designated locations Category Description Schedule Areas for
Improvements
Equipment Manage Equipment inventory Daily
Management
Active Directory Check for inactive user & computer accounts associated Monthly with Security, Alarm, and Fire System
Active Directory Validate Group Policies IT Security Team - Check settings, Quarterly authorizations, OU Structure
Hardware Warranty - Check on all equipment associated to Security, Annually Alarm, and Fire System Critical Equipment
Hardware Generator - Test Generator Bi-annually
Hardware Q-NAP SAN - Check firmware for controller and hard drives Bi-annually City to consider cloud redundant storage
Hardware Server: Check BIOS settings (i.e. Time & Date) Bi-annually Hardware Server: Check for new firmware/bios Bi-annually Hardware Cloud Services: Check Resource Consumption Daily Hardware Server/SAN/Networking: Physically check all equipment Daily Hardware Switch - Check fans and power supplies Daily
Hardware SAN - Check Volume Usage (thin provisioned) Monthly Hardware UPS - Check Voltage, Utilization, Temp, Humidity, Batteries Monthly Hardware Switches: Check Firmware Quarterly
Hardware Firewall Maintenance N/A Responsibility of the City's IT
Networking VPN: Check Utilization, Latency & Packet Loss Monthly 10 | Page
DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC Networking Load Balancers/Application - Check Firmware & Policies Quarterly Networking Spam/Web Filter - Check Firmware & Policies Quarterly Networking WAN (WiFi): Check Utilization, Latency & Packet Loss Weekly OS/Software Change Local Admin Password Bi-annually
OS/Software SSL Certificates - Check expiration dates Bi-annually OS/Software Check Backups and Replication Daily City to consider cloud redundant storage
OS/Software Antivirus maintenance Daily
OS/Software Check Windows Services Daily
OS/Software Check Application & System Event Logs Monthly OS/Software Check Server CPU, Memory, Disk & Network Utilization Monthly OS/Software Delete Temp Files (Windows & Users Temp locations) Monthly OS/Software End Point Protection - Check for inactive computer Monthly membership
OS/Software Endpoint Protection - Run Clean up Tools if applicable Monthly OS/Software Run Windows Updates Monthly
OS/Software Update Software (i.e. Adobe Reader, Flash, Java) Monthly OS/Software Windows Logs - Check (C:\Windows\Logs) especially CBS Monthly OS/Software Check File Shares/Permissions Quarterly
OS/Software Backups - Test, Perform VM restore in sandbox environment Weekly if applicable
Security End Point Protection - Check Policies & Scan Schedule Monthly Security Security Logs - Check for brute force/unauthorized access Monthly 11 | Page
DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC Security Check Domain User Password Policy Quarterly
Security Review Firewall Polices (i.e. NAT and Access Rules) Quarterly City to provide Security Review Security Group Memberships Quarterly
Security End Point Protection - Check Dashboard and Logs Weekly Security Security Equipment Batteries Daily
Security Schedule tests Monthly
Security Clean Alarm Monthly
Security Check for System Status Updates Daily
Security Keep Sensors Clear of Dust and Debris Daily
Security Perform Regular Communication and Sensor Testing Weekly Security Inspect sensors Weekly
Security Do a perimeter check Monthly
Security Check security lights and porch lights Monthly City to address lighting issues identified
Security Check batteries in wireless sensors Weekly
Security Check batteries in remotes
Security Check batteries in smoke/CO detectors Weekly
Security Check batteries on door panels Weekly
Access Controls User requests Daily
Access Controls Security Logs - Check for brute force/unauthorized access Monthly Access Controls Equipment testing Monthly
12|Page
DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC Access Controls UPS - Check Voltage, Utilization, Temp, Humidity, Batteries Daily Audio Visual Testing firmware Daily
Audio Visual Testing sound (microphone, cameras, TVs, Executive Daily conference rooms)
Audio Visual System logs and configuration changes Daily Audio Visual Lighting controls review Daily
Audio Visual Check equipment before meetings (speakers, microphones) Daily Fire Fire detection devices placed in areas with heavy exposure Weekly to dust, smoke or grease are often triggered accidentally, making them seem unreliable
Fire Schedule tests of smoke detectors and fire Alarm Monthly Fire Check how many detectors for the size and layout of a Quarterly building to ensure they are appropriate for their use
Fire Running weekly alarm system tests if possible Weekly Fire Notifications to impacted resources of fire test Weekly Fire Checking the batteries in all fire detectors and smoke Alarm Weekly Fire Checking visual displays on the fire alarm panel Monthly Fire Update and test the function of the system and determine Quarterly any possible methods strengthening or streamlining the
integration of fire systems
Fire Reviewing fire detection device and alarm system service Monthly records to ensure that all systems meet current
requirements and are fully compliant with NFPA regulations Fire Testing all voice alarm systems Monthly
Fire Testing in-building fire emergency voice/alarm Quarterly communications
Fire Testing the fuses and transmitters on the control equipment Quarterly for your monitored systems
Fire Follow up. Ensure that fire departments are properly Annually receiving notifications when fire Alarm sound
Fire Schedule Annual Fire System Inspections Annually
13|Pa ge
DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC ACORD® DATE (MM/DDYYYY)

CERTIFICATE OF LIABILITY INSURANCE
09/22/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEI REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

NAME:

Jones and Company Insurance Agency, Inc.

PHONE (714)453-2220 FAC, No): (714)453-2230
505 S Villa Real Suite 115 (A/C, No, Ext):

E-MAIL [email protected]
Anaheim Hills, CA 92807 ADDRESS:

License #: 0E39020 INSURERS) AFFORDING COVERAGE NAIC #
INSURER A : Penn-Star Ins. Co. (NAIC #10673) 10673
INSURED INSURER B: California Automobile Insurance Company AK SECURITY ALARM, LLC. INSURER C:
11521 TRAILRUN COURT
INSURER D:

RIVERSIDE, CA 92505 INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 00001432-61172

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR ADDL SUBR OLICY E:

LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER LIMITS
A X COMMERCIAL GENERAL LIABILITY Y N CPV0056237 08/30/2022 08/30/2023 EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED 100,000
CLAIMS-MADE X OCCUR PREMISES (Ea occurrence)
MED EXP (Any one person) 5,000
PERSONAL & ADV INJURY 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO 2,000,000
X POLICY L JECT LOC PRODUCTS - COMP/OP AGG uses
OTHER:

B AUTOMOBILE LIABILITY 09/22/2022 09/22/2023 COMBINED SINGLE LIMIT 1,000,000 Y N BA040000076159 (Ea accident)
ANY AUTO BODILY INJURY (Per person)
OWNED SCHEDULED BODILY INJURY (Per accident)

AUTOS ONLY X AUTOS

HIRED NON-OWNED

X AUTOS ONLY AUTOS ONLY

UMBRELLA LIAB OCCUR EACH OCCURRENCE

EXCESS LIAB CLAIMS-MADE AGGREGATE

DED RETENTION S

WORKERS COMPENSATION STATUTE

AND EMPLOYERS' LIABILITY
Y/ N
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE S
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ADDITIONAL INSURED: CITY OF LAKE ELSINORE.
**ALL PROJECTS WHERE REQUIRED BY WRITTEN CONTRACT*

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF LAKE ELSINORE ACCORDANCE WITH THE POLICY PROVISIONS. 130 S. MAIN ST
LAKE ELSINORE, CA 92530 UTHORIZED REPRESENTATI
Derek C. Jone
(DCJ)
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by DCJ on 09/22/2022 at 04:54PM DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC

COMMERCIAL GENERAL LIABILITY
EPA-1746 (10/2015)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - AUTOMATIC STATUS WHEN

REQUIRED IN CONTRACT OR AGREEMENT (OTHER

THAN CONSTRUCTION)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II - Who Is An Insured is amended to C. Wiional insures, sure conting to tha include as an additional insured any person or
organization when you and such person or exclusions apply:
organization have agreed in writing in a contract, This insurance does not apply to:
agreement, or permit, that such person or
organization be added as an additional insured on 1. "Bodily injury", "property damage" or "personal your policy. Such person or organization is an and advertising injury" arising out of the additional insured only with respect to liability for rendering of, or the failure to render, any "bodily injury", "property damage" or "personal and professional architectural, engineering advertising injury" caused, in whole or in part, by: Surveying services, including:

1. Your acts or omissions; or a. The preparing, approving, or failing to prepare or approve, maps, shop drawings,

2. The acts or omissions of those acting on your opinions, reports, surveys, field orders, behalf;
change drawings
in the performance of your ongoing operations for specifications; or the additional insured or in connection with your
b. Supervisory, inspection, architectural or
premises rented to you.
engineering activities.

However, the insurance afforded to such
This exclusion applies even if the claims
additional insured:
against any insured allege negligence or other

1. Only applies to the extent permitted by law; wrongdoing in the supervision, hiring,

2. Will not be broader than that which you are employment, training or monitoring of others by that insured, if the "occurrence" which
required by the contract or agreement to
caused the "bodily injury" or "property
provide for such additional insured; and
damage" , or the offense which caused the

3. Only applies to "occurrences" or coverages not "personal and advertising injury", involved the otherwise excluded under this policy. rendering of or the failure to render any

3. Status as an additional insured for the person ol professional architectural, engineering ol organization to which this endorsement applies:

I. Commences during the policy period an‹
fter such written contract, written agreemen 2. "Bodiy injury or "property damage" occuring or written permit has been executed; and a. All work, including materials, parts or

2. Ends when: equipment furnished in connection with
such work, on the project (other thar
a. Your ongoing operations for that additional service, maintenance or repairs) to be insured are completed; or performed by or on behalf of the additional b. The lease of premises expires, or insured(s) at the location of the covered c. This policy is cancelled or otherwise operations has been completed; or terminates, b. That portion of "your work" out of which the whichever occurs first. injury or damage arises has been put to its intended use by any person or organization.

EPA-1746 (10/2015) Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 2 with its permission.

DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC D. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:

The most we will pay on behalf of the additional
insured is the amount of insurance:

1. Required by the contract or agreement you
have entered into with the additional insured;

2. Available under the applicable Limits
Insurance shown in the Declarations,
whichever is less.

This endorsement will not increase the applicable
Limits of Insurance shown in the Declarations.

Page 2 of 2 ends

with its permission.

DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC California Automobile Insurance Company
P.O. BOX 10730 MERCURY
SANTA ANA, CA 92711-0730

INSURANCE
Customer Service: (800) 503-3724

BUSINESS AUTO POLICY
ADDITIONAL INSURED New Declarations
Effective Date: 09/22/2022
NAMED INSURED: AGENT:

AK SECURITY ALARM, LLC JONES & COMPANY INS AGENCY
11521 TRAILRUN CT 505 S VILLA REAL STE 115
RIVERSIDE, CA 92505-5114 ANAHEIM HILLS, CA 92807
(714) 453-2220

SCHEDULE
Insurance Company: California Automobile Insurance Company Policy Number: BA040000076159
Policy Period: From: 09/22/2022 to 09/22/2023 at 12:01 AM Standard Time at your mailing address
Additional Insured: CITY OF LAKE ELSINORE
Address: 130 S Main St , Lake Elsinore CA 92530
Endorsements Attached:

CA 20 48 10 13 - Designated Insured

AUTOMOBILE LIABILITY PROVIDED
Covered Autos: Symbol 7 - Specifically Described "Autos" Limits of Insurance: $1,000,000 CSL
M DS 91 07 11 Page 1 of 1
DocuSign Envelope ID: 5FE48747-692E-4555-95E4-8DA4232E1CCC

BUSINESS LICENSE CITY OF LAKE ELSINORE
This business license is issued for revenue purposes only and does not grant authorizatio Administrative Services - Licensing This business license is issued without verification that the holder 130 South Main Street, Lake Elsinore, CA 92530 bject to or exempted from licensing by the state, county, federal government, or PH (951) 674-3124 er governmental agen
Business Name: AK SECURITY ALARM LLC BUSINESS LICENSE NO. 027138 Business Location: 11521 TRAILRUN CT Business Type: ELECTRICAL CONTRACTOR RIVERSIDE, CA 92505-5114
Owner Name(s): OSCAR GOMEZ
Issue Date: 9/13/2022 Expiration Date: 9/30/2023

AK SECURITY ALARM LLC
11521 TRAILRUN CT
RIVERSIDE, CA 92505-5114
tarting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or oth anguages by going to: https://www.dca.ca.gov/publications TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE

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