HomeMy WebLinkAboutAnimal Friends of the Valleys Animal Control Field Services Amendment No. 3 07-01-2021DocuSign Envelope ID: 28FDD976-1BD7-4572-8D64-6AAED6E63193
AMENDMENT NO. 3
TO AGREEMENT FOR PROFESSIONAL SERVICES
ANIMAL FRIENDS OF THE VALLEY
ANIMAL CONTROL FIELD SERVICES
This Amendment No. 3 to Animal Control Field Services Agreement ("Amendment No. 3")
is dated for identification purposes as of 7/1/2021, by and between the City of Lake Elsinore, a
municipal corporation ("City), and Animal Friends of the Valleys, Inc., a California nonprofit
corporation ("Contractor").
RECITALS
A. The City and Contractor have entered into that certain Animal Field Services
Agreement dated as of 9/23/2014, (the "Original Agreement"). Except as otherwise defined
herein, all capitalized terms used herein shall have the meanings set forth for such terms in the
Original Agreement.
B. The Term of the Original Agreement commenced October 1, 2014 through June
30, 2017. The Original Agreement provided for compensation to Contractor in an amount of:
Fiscal Year 2014-2015: $19,640.00 per month beginning October 1, 2014
Fiscal Year 2015-2016: $20,131.00 per month ($241,572 annually)
Fiscal Year 2016-2017: $20,634.28 per month ($247,611 annually)
C. Amendment No. 1 to Animal Control Field Services Agreement dated July 1, 2017
Amendment No. 1") extended the term of the Original Agreement to June 30, 2020. Amendment
No. 1 provided for compensation to Contractor in an amount of:
July, August, Sept. 2017: $20,634.28 per month
Oct. 1, 2017 to Sept. 30, 2020: $7,500 per month
D. Amendment No. 2 to Animal Control Field Services Agreement dated July 1, 2020
Amendment No. 2") extended the term of the Original Agreement to June 30, 2021 and
increased the level of service. Amendment No. 2 provided for compensation to Contractor in an
amount of:
Oct. 1, 2017 to Sept. 30, 2020: $7,500 per month
Oct. 1, 2020 to June 30, 2021: $11,000 per month
E. The Original Agreement as amended by Amendment No. 1 and Amendment No.
2 shall be referred to collectively as the "Agreement." The parties now desire to extend the term
of the Agreement as set forth in this Amendment No 3.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Contractor agree as follows:
Section 1, Term, is hereby amended to read in its entirety as follows:
The term of the Agreement shall commence on October 1, 2014 and shall
DocuSign Envelope ID: 28FDD976-1BD7-4572-8D64-6AAED6E63193
remain in effect until June 30, 2022, unless sooner terminated pursuant to
the provisions of the Agreement (the "Term").
2. Section 2, Services, is hereby amended to read in its entirety as follows:
Contractor shall perform the services and tasks described in the Scope of
Services — August 2021 (Exhibit A-3) attached hereto and incorporated
herein as though set forth in full..
3. Subpart a of Section 4, Revenue and Payment, is hereby amended to read in its
entirety as follows:
a. Fixed Monthly Payment to Contractor. In consideration of the
Contractor's performance of the services as provide herein, the City agrees
to pay Contractor a Fixed Monthly Payment as follows:
Fiscal Year 2014-2015: $19,640.00 per month beginning October 1, 2014
Fiscal Year 2015-2016: $20,131.00 per month ($241,572 annually)
Fiscal Year 2016-2017: $20,634.28 per month ($247,611 annually)
July, August, Sept., 2017 $20,634.28 per month
Oct. 1, 2017 to Sept. 30, 2020: $7,500 per month
Oct. 1, 2020 to June 30, 2021: $11,000 per month
July 1, 2021 to June 30, 2022 $14,500 per month
Any remaining costs for service that are not covered by the revenues
collected by the Contractor will be paid as a one-time payment by the City at
the end of the Fiscal Year 2021-2022 an amount not to exceed $42,000. In
addition, any revenues collected by the Contractor that exceed the total cost
for service shall be returned to the City as credit toward future services or
programs.
4. Exhibit A-2 to Amendment No. 2, "Scope of Services", is hereby replaced by Exhibit
A-3, attached to this Amendment No. 3 and incorporated herein.
5. Exhibit B to the Animal Control Field Services Agreement dated as of September 23,
2014, "Animal Control Fee Schedule", is hereby replaced by Exhibit B-3, attached to this
Amendment No. 3 and incorporated herein.
6. Notwithstanding the foregoing, for purposes of Amendment No. 3 and the term
thereof, compensation to be paid to Contractor shall be in accordance with the Schedule of Charges
set forth in Contractor's Proposal (referenced collectively as Exhibit A-3 Amendment No. 3). In
no event shall Contractor's compensation related to Exhibit A-1 to Amendment No. 3 exceed One
Hundred Seventy -Four Thousand dollars ($174,000.) without additional written authorization from
the City Council.
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7. Except for the changes specifically set forth herein, all other terms and conditions of
the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be executed
on the respective dates set forth below.
CITY"
CITY OF LAKE ELSINORE, a municipal
corporation
FlDocu Signed by:
pmvL S IMPLA,
City Vgnager
Date: 8/13/2021 1 10:38 AM PDT
ATTEST:
DocuSigned by:
City er
APPROVED AS TO FORM:
DacuSeSigned by:
e
cs2iwt J r t,ioCdc
City orney
Doc uSigned by:
Administrative Services Director
CONSULTANT"
Animal Friends of the Valleys, Inc., a California
nonprofit corporation
DocuSigned by:
Name:
Tammi Boyd
Title:
President -Board of Directors
Date: 8/13/2021 1 10:27 AM PDT
Attachments: Exhibit A-3 —Scope of Services —August 20211
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EXHIBIT A-3
SCOPE OF SERVICES
ATTACHED]
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EXHIBIT A-3
SCOPE OF SERVICES — August 2021
1. Services To Be Provided. Contractor shall operate a complete animal control program
for the City consisting of field services and licensing. Contractor will provide 1'/2 Animal Control
Officers and a fully equipped vehicle for the City of Lake Elsinore's animals. The Animal Control
Officer will be serving the City of Lake Elsinore 12 hours per day, 5 day per week, as well as
emergency calls after hours, on weekends and holidays.
In the conduct of this program, Contractor shall perform the following specific functions:
a) Enforcement. Enforce all applicable provisions of the Lake Elsinore Municipal
Code (Animal Control) as it exists on the date of this Agreement pertaining to
animals, including the issuing of warning notices or citations as necessary for
violations of such Ordinances. In the event the Municipal Code is amended and the
amendments would substantially alter the duties and responsibilities of Contractor
under this Agreement, the parties hereto agree to meet and in good faith
renegotiate those terms and conditions of this Agreement affected by such
amendments.
b) Impound. Impound all animals caught at large and collect all impound fees
assessed on behalf of the City; accept stray animals brought in by private citizens;
provided, however, that identified, vaccinated, spayed or neutered animals shall be
released as required by the Lake Elsinore Municipal Code.
c) Quarantine. Quarantine as prescribed by law all animals suspected to be rabid.
d) Complaint Investigation & Resolution. Investigate and pursue action on
complaints and/or reports of potential violations of Municipal Code relating to
animals, including unnecessary noise, in accordance with such procedures adopted
by the City; respond to requests from the fire and law enforcement provider for
assistance with animal related situations.
e) Dead Animals. Remove dead animals from the public right-of-way within City
limits and from other areas upon request.
f) Potentially Dangerous/Vicious Animals. In accordance with the Lake Elsinore
Municipal Code, identify potentially dangerous and/or vicious animals and initiate
the administrative or legal process for their control.
g) Trapping & Removal. As limited by subsection (b) above, respond to requests
for assistance in the trapping and removal of domestic or wild animals, including
coyotes and skunks, from public or private property. Contractor will offer advice in
setting a trap in any enclosed space and will remove an animal caught in a trap, but
shall not be required to move belongings, climb trees, crawl under houses, or so
forth, or to maintain on -premises surveillance unless in the Officer's or his or her
supervisor's opinion there is a direct, clear and present danger to human life or
injury. Contractor will provide traps but will not be required to provide vector control.
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Contractor shall charge a fee for traps.
h) Dog Licensing: Contractor shall implement a comprehensive licensing program
including conducting dog license inspections. Area -wide canvassing (Exhibit C) will
be conducted as part of the field service activity. Contractor shall administer the
current licensing provision of the City of Lake Elsinore Municipal Code.
1) Dog licenses shall be issued by mail, at the Animal Shelter, at Contractor's
administrative office, through online portal and by Animal Control Officers in the
field. Contractor shall send renewal notices by mail to owners of currently licensed
dogs, and shall send an application for licensing when requested by owners.
2) Contractor shall, at Contractor's expense, provide the forms and tags for such
licenses, and shall affix a professionally prepared sign at the Animal Shelter, stating
applicable fees for licensing for the City.
3) Contractor shall collect all license fees and penalties on behalf of the City,
issue receipts for all such fees collected and keep copies thereof. In order to retain
and enhance the services provided by Contractor, Contractor shall retain all dog
license fees.
4) Contractor shall pursue collection, if appropriate, to recover any fraudulent,
delinquent or worthless payment received as payment for dog licenses issued,
including reasonable late fee penalties as provided in the Fee Schedule.
5) Contractor shall cancel any dog license issued for which invalid payment was
received, and give notice of such cancellation to the licensee.
6) Contractor shall maintain such records in such form as required by the City's
Director of Administrative Services so as to provide for proper cash management
and for review and audit of the monies collected. Contractor shall furnish the City a
monthly report detailing the licensing activities.
i) Animal Bites. Investigate reported animal bites. Contractor may initially receive
animal bite reports by telephone, but also shall respond in person to all reported
bites by dogs or other suspected rabid or wild animals. Contractor shall take
appropriate steps consistent with the circumstances of each separate incident to
locate and quarantine the suspected animal(s) and/or assist the complained and/or
injured party or parties to trap the suspected animal(s).
j) Disposition of Unclaimed Animals. After notice and hearing as required, provide
euthanasia service in a humane manner in accordance with procedures approved
by the City Manager for unlicensed animals held in accordance with Food and
Agriculture code 31108, 31752, 31754 if these animals are not reclaimed by their
owner and are deemed unsuitable by Contractor for adoption.
k) Clinics. Make all necessary arrangements and conduct at least two (2) one -day
clinics for rabies vaccination and licensing of dogs each year which are open to City
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residents and which may be located in the City.
1) Field Services. Assign one and one half (1'/2) field service officer appointed as
Animal Control Officer as provided in Paragraph 1. Routine field services will be
provided as necessary within the hour limitation of this Agreement. The numbers of
hours per week include, but are not necessarily limited to routine mobile patrols,
investigative and rescue time, court appearances and impoundment of dangerous,
wild, injured or loose animals. CONTRACTOR shall assign a sufficient number of
field service employees to duty at all times to meet the requirements of this Scope
of Services. Contractor shall provide service of twelve (12) hours per day during
such hours as approved by the City Manager. Telephone service for members of
the public shall be not less than eight (8) hours per day on a schedule approved by
the City Manager. Unless otherwise determined by the City Manager, the following
hours are deemed approved by the City Manager:
Field Service 8:00 a.m. to 4:45 p.m. Mon -Fri
Telephone Answering Dispatch 8:00 a.m. to 4:00 p.m. Mon -Fri
Emergency response shall be available 24 hours per day; seven days per week as
described in subparagraph (m). Contractor shall advise fire and law enforcement
authorities serving the City of Lake Elsinore of the telephone numbers to access its
services and shall cooperate with such authorities in developing the procedures
necessary to provide after hours services. Priority of Field Service, See Exhibit D.
m) After -Hours. Provide a field service person either on duty or on call after regular
hours as necessary to respond to emergency calls. The City and Contractor agree
that any incident reported to Contractor or City staff, through the fire or law
enforcement provider involving a dangerous, wild or stray injured animal,
constitutes an emergency and requires immediate action by Contractor. When the
City Manager or his or her designee has reason to believe that an animal control
emergency exists, the Manager or his or her designee shall notify Contractor and
request a prompt response. If Contractor fails to respond to such request within a
reasonable time or fails to respond at all, the City shall request in writing that
Contractor send to the City a written explanation giving the reason(s) for the delay
in responding or the failure to respond. Contractor's written explanation shall be
submitted to the City Manager within two (2) working days from the date of the
request for emergency service. The Agreement and the provisions herein shall not
be construed to limit the interpretation of what constitutes an emergency and/or the
need for a priority response. The following examples are illustrative of the need for
an immediate response from Contractor.
1) Requests to remove a wild, dangerous or injured animal or animals from an
inhabited place or vehicle;
2) Reported animal bites involving loose animals; and,
3) Livestock, fowl or game birds being attacked or killed by dogs or other
animals.
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n) Public Relations. Provide service to the public on matters covered in this
Agreement consistent with established policies and procedures that promote
courteous and efficient service and good public relations. Other policies and
procedures notwithstanding, Contractor in processing any type of complaint or
request for service will indicate to the caller when a response can be expected from
Contractor and how Contractor will respond. In the event an in-person response is
appropriate to the specific situation, Contractor shall make such response by the
end of the following business day. This provision shall be subordinate to shorter
time limits specified elsewhere in this Agreement.
0) Complaints Regarding Service. Cooperate with the City to resolve any and all
complaints filed with Contractor and/or the City pertaining to services provided
under this Agreement. The City shall submit to Contractor in writing all complaints
filed with the City concerning services provided by Contractor under this
Agreement. Contractor shall report monthly in writing to the City the number of
complaints received by Contractor directly or indirectly through the City pertaining to
quality of service(s) provided under this Agreement.
P) Legal. Coordinate with City and City Attorney any inspection warrants impounds
or potential dangerous/vicious animal hearings or court actions.
q) Records. Maintain and keep timely, complete and accurate records of the
receipt and disposition of all animals delivered into its custody. Contractor will file a
report with the law enforcement provider within twenty-four (24) hours if an
impounded animal is missing or suspected to have been stolen. Contractor shall
indicate on the police report the circumstances of the animal's disappearance and
make available to the City Manager the designated report or file number.
r) Communications Equipment. Contractor agrees to provide radio equipment and
frequency as necessary for effective performance of its obligations hereunder and
in order to provide law enforcement backup for its field personnel.
s) Other Equipment. Contractor shall provide all vehicles and equipment necessary
for the performance of this Agreement and shall be responsible for maintenance of
such vehicles and equipment, including the installation and removal of the paging or
radio equipment described in Paragraph (q) of this Section. Contractor shall be
responsible for all costs relating to theft, vandalism, or destruction of said
equipment by fire, accident or intentional acts.
t) Personnel & Supplies. Contractor shall provide all personnel, supplies, and
equipment necessary for the efficient and effective operation of the animal control
services and programs provided for herein, including, but not limited to Animal
Control Officers, clerical staff, license tags and forms, citation forms, notices and all
necessary envelopes and postage. Animal Control Officers will complete the
required animal control training program, or its equivalent, and such other training
as may be required by law, before being issued a badge and given the authority to
perform Animal Control duties. Contractor shall provide citations and door tags.
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u) Attendance at Meetings. Provide input and coordination on amendment of City
animal control fees and ordinances and shall attend City Council and other City
meetings as required or requested to do so.
v) Sheltering of livestock, fowl, poultry. Contractor shall shelter all livestock, fowl
and poultry in such facility as determined by Contractor.
2. Coordination. Contractor's Executive Director and the City Manager shall meet as agreed
to discuss Agreement performance.
3. Reporting.
a) Contractor shall furnish the City monthly reports detailing field, licensing and
identification activities, including a summary of the utilization of field service
employees' hours required in Section 1 above and the records required by Section
1(P).
b) Contractor shall maintain and keep records of all expenditures and obligations
incurred pursuant to this Agreement and all income and fees received according to
generally recognized accounting principles. Such records shall be maintained by
Contractor for a minimum of four (4) years following the termination of this
Agreement unless a lesser period is approved in writing by the City Manager. The
records and/or animal control operations of Contractor shall be open to inspection
and audit by the City or its authorized representative as is deemed necessary by
the City upon reasonable notice to Contractor. Contractor shall provide the City a
copy of Contractor's full Annual financial statement immediately upon completion
thereof, but in no case later than six (6) months after the close of each fiscal year.
4. Continuing Programs: Contractor shall also implement the following programs on a
continuing basis:
a) Public School presentations
b) Spay/neuter subsidy programs for low income persons (when funds are available)
c) Ordinance review and changes aimed at ending pet overpopulation
d) Animal Rescue Plan for domestic animals during disaster
e) Animal Control Officer services
5. Policy & Procedure Consultation: In addition, Contractor will consult with the City and on
any policy/procedure that affects Lake Elsinore animals, which shall be approved by
the City Manager prior to implementation.
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EXHIBIT B-3
FEE SCHEDULE
Contractor shall utilize the following fees and charges consistent with Section 6.04.020 of the
Lake Elsinore Municipal Code:
City of Lake Elsinore
Animal Control Fee Schedule
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DocuSign Envelope ID:28FDD976-1BD7-4572-8D64-6AAED6E63193
City of Lake Elsinore
Animal Cantral Fee Schedule
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EXHIBIT C
CANVASSING PROTOCOL
1. While performing field services officers are to check for current rabies vaccinations for all
dogs over the age of 4 months.
2. If the person has been in the City for less than 30 days or if their pet is under 4 months
of age, issue a Notice of Violation. This will give the person time to vaccinate and
license their pet.
3. If a pet owner is home and has animals that are unvaccinated, not microchipped,
unaltered and unlicensed issue an administrative citation. This will allow 15 days for
compliance.
4. If a pet owner is not home but has animals that are unvaccinated, not microchipped,
unaltered and unlicensed issue and post an administrative citation if you know their first
and last name. This will allow 15 days for compliance. If you do not know their name,
issue and post a Notice of Violation.
5. If a person has received at least 3 Notice of Violations and or administrative citations
and has not complied, issue a court citation.
6. Officers and staff need to inform the public of any low cost spay/neuter programs that
are currently being offered and refer to low cost clinics.
DocuSign Envelope ID: 28FDD976-1BD7-4572-8D64-6AAED6E63193
EXHIBIT D
PRIORITY OF FIELD SERVICES
1. Animal bites involving loose animals
2. Dangerous / suspicious animal endangering the health or safety of persons
3. Injured, sick stray animals
4. Rattlesnake calls
5. Sheriff, public agencies requesting assistance
6. Humane investigation involving immediate threat to the animals life
7. Livestock at large
8. Strays running at large
9. Confined stray animals
10. Owner relinquished animals
11. Vaccination / license inspections
12. Barking dogs
DocuSign Envelope ID:28FDD976-1BD7-4572-8D64-6AAED6E63193
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FDAT(MM/DDIYYYY)
07/15/2021
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If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
ISU Insurance Services Cormarc Tasman
25220 Hancock Ave, Suite 230
Murrieta, CA 92562
CONTACT
NAME: Kelvin Waniwan
AIcNo Ext: (951)290-5040 A No; (951)278-0664
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DAMAGE TO RENTED
PREMISES Ea occurrence
INSURER B: Great American Insurance Company 16691INSURED
INSURERC: Great American Alliance Insurance Company 26832ANIMALFRIENDSOFTHEVALLEYS
INSURER D: Com West Insurance Company 1217733751MISSIONTRAIL
WILDOMAR, CA 92595 INSURER E:
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INSRLTR TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD POLICY NUMBER
POLICY EFF
MMIDD/YYYY
POLICY EXP
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A X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE X OCCUR
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Y PAC099275007 07/22/2021 07/22/2022 EACH OCCURRENCE 1,000,000
DAMAGE TO RENTED
PREMISES Ea occurrence 100,000
MED EXP (Any one person) 5,000
PERSONAL&ADV INJURY 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
X POLICY F7] jE F7] LOC
OTHER:
GENERAL AGGREGATE 2,000,000
PRODUCTS - COMP/OP AGG 2,000,000
Liquor Included
AUTOMOBILE
X
LIABILITY
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
CAP421516206 07/22/2021 07/22/2022 CMINEDBEeaccidenSINGLELIMIT1000000
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
Per accident
UMBRELLALIAB
X EXCESS LIAB
OCCUR
CLAIMS -MADE
UMB099275107 07/22/2021 07/22/2022 EACH OCCURRENCE 2,000,000
AGGREGATE 2,000,000
DED X RETENTION $ 10,000
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OFFICER/MEMBER EXCLUDED' F7
Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
09/01/2020 09/01/2021 X PER OTH-
STATUTE ER
E.L. EACH ACCIDENT 1,000,000
E.L. DISEASE - EA EMPLOYEE 1,000,000
E.L. DISEASE - POLICY LIMIT 1,000,000
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City of Lake Elsinore is named as additional insured with respects to general liability per CG2026 (ed. 12/19).
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Lake Elsinore LAKE130 ACCORDANCE WITH THE POLICY PROVISIONS.
130 S.Main Street
Lake Elsinore, CA 92530 AUTHORIZED REPRESENTATIVE
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ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
Printed by KWN on July 15, 2021 at 10:52AM
DocuSign Envelope ID: 28FDD976-1BD7-4572-8D64-6AAED6E63193
CITY OF LAKE ELSINORE
130 S MAIN ST
LAKE ELSINORE CA 92530-410•-
DocuSign Envelope ID: 28FDD976-1BD7-4572-8D64-6AAED6E63193
BUSINESS LICENSE
This business license is issued for revenue purposes only and does not grant authorization
to operate a business. This business license is issued without verification that the holder is
subject to or exempted from licensing by the state, county, federal government, or any
other governmental agency.
Business Name: ANIMAL FRIENDS OF THE VALLEYS
Business Location: 29001 BASTRON
LAKE ELSINORE, CA 92530
Owner Name(s):
ANIMAL FRIENDS OF THE VALLEYS
33751 MISSION TRL
WILDOMAR, CA 92595
CITY OF LAKE ELSINORE
Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124
BUSINESS LICENSE NO. 002184
Business Type: NON-PROFIT/MISCELLANEOUS
Issue Date: 5/1/2021 Expiration Date: 4/30/2022
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other
languages by going to: https://www.dca.ca.gov/publications/
TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE
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