HomeMy WebLinkAboutJMG Security Systems Inc; 2016-10-31; PWM17-11GSPWM17-11GS
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
CITY HALL SECURITY DOOR LOCK INSTALLATION
This agreement is made on the 3 \ & day of Qclot:£r , 2016, by the City
of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and JMG Security Systems, Inc.
a California corporation, whose principal place of business is 17150 Newhope St. Suite 109, Fountain
Valley, CA 92708 (hereinafter called "Contractor").
City and Contractor agree as follows:
DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the
project described by these Contract Documents (hereinafter called "Project").
PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents unless excepted
elsewhere in this Contract.
CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract,
Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans
and Specifications, and all proper amendments and changes made thereto in accordance with this Contract
or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict,
this Contract will supersede terms and conditions in the Contractor's proposal.
LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad
Ordinances governing labor.
GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project
in accordance with directions and subject to inspection approval and acceptance by: Michael O'Brien
(City Project Manager)
WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute
the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770,
1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the
applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said
specified prevailing rates of wages to all workers employed by him or her in execution of the Contract.
Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code
and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act."
The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the
Contract for work.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the
requirements of Section 41 04 of the Public Contract Code, or engage in the performance of any contract
for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which
generally requires keeping accurate payroll records, verifying and certifying payroll records, and making
them available for inspection. Contractor shall require any subcontractors to comply with Section 1776.
CITY HALL DOOR SECURITY INSTALLATION
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FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted
as part of the contract process as set forth in this agreement and not in anticipation of litigation or in
conjunction with litigation.
Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act,
provides for civil penalties where a person knowingly submits a false claim to a public entity. These
provisions include false claims made with deliberate ignorance of the false information or in reckless
disregard of the truth or falsity of the information.
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining
to false claims are incorporated herein by reference.
Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an
administrative debarment proceeding wherein the contractor may be prevented from further bidding on
public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for
the City of Carlsbad to disqualify the Contractor subcontractor from participating in contract bidding.
Signature:
Print Name:
VP o+ f\?J~iarS~(,Y)
~VI_ 1Jehr~ lt0J
REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification
of Commercial General Liability and Property Damage Insurance and a Certificate of Workers'
Compensation Insurance indicating coverage in a form approved by the California Insurance Commission.
The certificates shall indicate coverage during the period of the contract and must be furnished to the City
prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted
insurers that have a current Besfs Key Rating of not less than "A-:VII"; OR with a surplus line insurer on
the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key
Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of
Insurance Commissioners (NAIC) latest quarterly listings report.
Commercial General Liability Insurance of Injuries including accidental death, to any one person in an
amount not less than ........ $1,000,000
Subject to the same limit for each person on account of one accident in an amount not less than
....... $1,000,000
Property damage insurance in an amount of not less than ........ $1 ,000,000
Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily
injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of
the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-
scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be
limited in any manner.
The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall
be given to the City prior to such cancellation.
The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named
insured shall also be available and applicable to the City as an additional insured.
WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor has no
employees and provides, to City's satisfaction, a declaration stating this.
INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and
hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of
every kind, nature and description, directly or indirectly arising from or in connection with the performance
CITY HALL DOOR SECURITY INSTALLATION
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of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable
law, rules or regulations including those related to safety and health; and from any and all claims, loss,
damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the
nature of the work covered by the Contract, except for loss or damage caused by the sole or active
negligence or willful misconduct of the City. The expenses of defense include all costs and expenses
including attorneys' fees for litigation, arbitration, or other dispute resolution method.
JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County,
California.
Start Work: Contractor agrees to start within forty-five (45) working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within sixty (60) working days after receipt of Notice to
Proceed.
CONTRACTOR'S INFORMATION.
JMG Security Systems, Inc. 17150 Newhope St, Suite 109
(name of Contractor) (street address)
575070 Fountain Valley, CA 92708
(Contractor's license number) (city/state/zip)
C-7 & C10 exp 8/31/2017 714-545-8882
(license class. and exp. date) (telephone no.)
1000005703 714-545-0352
(DIR registration number) (fax no.)
6/30/2017 stjelmeland@jmgsecurity.com
(DIR registration exp. date) (e-mail address)
Ill
Ill
Ill
Ill
Ill
Ill
Ill
CITY HALL DOOR SECURITY INSTALLATION
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AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority to bind
Contractor to the terms and conditions of this Agreement.
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. 1f...E.
corporation, Agreement must be signed by one corporate officer from each of the following two groups:
Group A
Chairman,
President, or
Vice-President
Group 8
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY~)_~ DePUtY cfftAOil1
CITY HALL DOOR SECURITY INSTALLATION
Page 4 of 8 City Attorney Approved 2/29/2016
~ .... SECURITY U USYSTEMS
Our service is your security."'
• lntrus1on Detection • F~re Detect>on • Video Surveillance • Access Centro'
Corporate Resolution
RESOLVED, that this corporation, JMG Security Systems, Inc .. , is hereby authorizing the below individuals to
execute agreement(s) for the City of Carlsbad on behalf of the corporation.
RESOLVED FURTHER, that Gil Ledesma, Vice President of Sales and Marketing, whose signature is set forth below
be and is hereby authoriz d, directed and empowered to execute documents and deliver to the City of Carlsbad on
behalf of the,~C:,go.au:tz:9i!•
Gil Ledesma, VP of Sales & Marketing
RESOLVED FURTHER, that Sue Tjelmeland, the Vice President of Administration whose signature is set forth
below be and is hereby authorized, directed and empowered to execute documents and deliver to the City of
Car b d on behali.2:Lthe Corporation.
RESOLVED FURTHER, that the above individuals are authorized to act upon this resolution until written notice of
its revocation is delivered to Creditor at its principal place of business in Fountain Valley, CA.
I, Kenneth C. Jacobs, President/CEO of the above named corporation, do hereby certify that the foregoing is a
full, true and correct copy of resolutions of the Board of Directors of said corporation duly and regularly adopted
at a meeting of said Board of Directors duly and regularly held on the September 26, 2016.
I further certify that said resolutions are still in full force and effect and have not been amended or revoked, and
that the specimen signatures appearing above are the signatures of the officers of this corporation authorized to
sign the City of Carlsbad agreement on behalf of this corporation.
"RESOLVED FURTHER, that all acts and deeds done by any of such officers of this corporation for and on behalf
of this corporation in entering into, executing, acknowledging or attesting any of the above referenced documents
or other instruments or agreements, or in carrying out the terms and intentions of these resolutions are ratified,
approved and confirmed."
IN WITNESS WHEREOF, I have hereunto set my hand as CEO/President of the above corporation this 26th day
of September, 2016
~W'l-2~
Kenneth C. Jacobs
CEO/President
J MG SECURITY SYSTEMS, INC.
7el 800 9004564 • Fax: 7145450352 • 17150 Newhope St .. Ste.109. Fountatn Valley. CA 9:!708 www.jmgsecurity.com
Alarm lx. AC03759 • Cont Uc. 575070
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EXHIBIT A
LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR
Set forth below is the full name and location of the place of business of each sub-contractor whom the
Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total
bid, and the portion of the Project which will be done by each sub-contractor for each subcontract.
NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project
to be performed under the contract in excess of one-half of one percent of the bid, the contractor
shall be deemed to have agreed to perform such portion, and that the Contractor shall not be
permitted to sublet or subcontract that portion of the work, except in cases of public emergency or
necessity, and then only after a finding, reduced in writing as a public record of the Awarding
Authority, setting forth the facts constituting the emergency or necessity in accordance with the
provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the
California Public Contract Code).
If no subcontractors are to be employed on the project, enter the word "NONE."
SUBCONTRACTORS
Portion of Project to Business Name and Address DIR Registration License No., %of
be Subcontracted No. Classification & Total
Expiration Date Contract
Total % Subcontracted: ______ _
CITY HALL DOOR SECURITY INSTALLATION
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EXHIBIT B
JMG Security Systems, Inc., will install nine (9) electronic card reader door locks at the City of Carlsbad
City Hall located at 1200 Carlsbad Village Dr., Carlsbad, CA 92008. The turnkey card-reader door security
installation will include, but not limited to all American Magnetics (AMAG) or equivalent, equipment, labor,
materials, software/programming, electronic door hardware and wiring. System capabilities will be
expandable allowing for additional doors to be added as needed.
Equipment List:
ITEM
NO.
1
1 AMAG Symmetry Professional16 Reader Software Expansion License
1 AMAG EN2DC Two (2) Door Access Panel (Council Chamber)
1 AMAG M2150-4 Door Access Panel (South Annex)
1 AMAG M2150-8 Door Access Panel (North Annex)
1 SMP3 Door Lock Power Supply
2 AI400ULX Door Lock Power Supplies
9 New Electronic Door Locks
11 HID RP15 Proximity Readers
JOB QUOTATION
UNIT Q DESCRIPTION
LS 1 Installation of City Hall door security system (9 doors)
including operating software, door hardware and card
reader
TOTAL*
*Includes taxes, fees, expenses and all other costs.
CITY HALL DOOR SECURITY INSTALLATION
PRICE
$32,725.00
$32,725.00
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Bond Number 0693838
EXHIBITC
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to JMG Security
Systems, Inc., (hereinafter designated as the "Principal"), a Contract for:
CITY HALL SECURITY DOOR LOCK INSTALLATION
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated
herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the
furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials,
provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed
to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to
the extent hereinafter set forth.
NOW, THEREFORE, WE, JMG SECURITY SYSTEMS, INC., as Principal, (hereinafter designated as the
"Contractor"), and International Fidelity Insurance Company
as Surety, are held firmly bound unto the City of Carlsbad in the sum of THIRTY TWO THOUSAND SEVEN
HUNRED TWENTY FIVE Dollars ($32,725.00), said sum being an amount equal to: One hundred percent
( 100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which
payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors,
or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to
pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance
of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with
California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with
respect to the work or labor performed under this Contract, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages of employees of the
contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with
respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon
the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section
9554.
This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so
as to give a right of action to those persons or their assigns in any suit brought upon the bond.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
Contract, or to the work to be performed hereunder or the specifications accompanying the same shall
affect its obligations on this bond, and it does hereby waive notice of any change, extension of time,
alterations or addition to the terms of the contract or to the work or to the specifications.
CITY HALL DOOR SECURITY INSTALLATION
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
"A Notary Public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document."
State of: California
County of Ventura
On 9/15/2016 before me, Amanda Benner, Notary Public,
personally appeared Michael J. Melshenker
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I Certify under PENALTY OF PURJURY under the laws of The State of California that the
foregoing paragraph is true and correct.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
01NDIVIDUAL
0CORPORATE OFFICER
TITLES(S)
OPARTNERS OLIMITED
OGENERAL
IS:IATTORNEY-IN-FACT
0TRUSTEE(S)
OGUARDIAN/CONSERVATOR
00THER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
r
:~_:Y:·~~;~ ::·=: ~:;.: \~· :~=~ ·::;=··,. ;_-;.~_;.:-:·r::::·:::~-=-:::···-:.:: -=::-·· ~~~-.. ::=:=·_:\.:::: ==:: .. ~:::: :--:.:--:: =·, -; ::·:-~=·=:~: :::>':::·---:=~. ·._ == .·:···_ ::.:· \;.;:::( :~-~ ,0)=:~::=··>--·:) ·····t=>6~·~··~·.······i>~=·······~·~·~·~··~N~~·· .. ····· .. ··•··.········.· .···
lNTERNATJdNALFltieLITYIN~~RANCIE·cdiVlPANY ....
· .... ALLEGHENY CASUALTY COMPANY . .
ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW Ji:.RSEY 07102-5207
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under
the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of
Pennsylvania, having their principal Office in the City of Newark, New Jersey, do hereby constitute and appoint
. MICHAEL J. MELSHENKER, KIPTON KELLER, SHIRLEY RHODES
Ventura, CA.
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and other writings obligatory 1n the nature thereof, which are or may be allowed, required or permittee by law, statute, rule, regulation, contract or otherwise,
and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNAnONAL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents ana purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed; and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors
of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY
CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000:
"RESOLVED, that (1) the President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of,
Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation
and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointmenfs of joint-control custodians, agents for acceptance of
f!rocess, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Coq~oratfon; and 13) the signature of any such Officer of the
Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking,
recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid
and binding upon the Corporation with the same force and effect as though manually affixed."
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and
attested these presents on this 12th day of March, 2012.
STATE OF NEW JERSEY
County of Essex
ROBERT W. MINSTER Executive Vice President/Chief Operating Officer (International Fidelity Insurance Company}
and President (Allegheny Casualty Company)
On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly
sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY
COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were
duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
at the City of Newark, New Jersey the day and year first above written.
CERTIFICATION
A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mar. 27, 2014
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that 1 have
compared the foregoing copy of the Power of Attorney and affidavit, and .the copy of the Sections of the By-Laws of said Companies as set forth in said
Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole
of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
..
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In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not
exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 20-tn day Executed by SURETY this _1_5_t_h ____ day
of ~ b:;y-, 20 IQ . of September , zo_16_.
CONTRACTOR:
JMG Security Systems, Inc.
~J (prinrym•.!J~ 5kue•i>, CFDL_P~rktrt s~~~r'\J l~tc.
(title and organization of signatory) 1
By: ;zt....:_LI ;::P. ~
(sign hern _L Mtc~{ P~ c; hns:rYL~
. /, (PJj,f6m~~h-~ W W/v e I )\c. IJ ~
(title and organization of signatory)
SURETY:
International Fidelity Insurance Company
(name of Surety)
2400 East Katella Avenue, Suite 250 Anaheim, CA 92806
(address of Surety)
714-602-9170 X 20
~rJlb~rety). By:::~~
(signature of Attorney-in,·Fact)
Michael J. Melshenker
(printed name of Attorney-in-Fact}
(attach corporate resolution showing current
power of attorney)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
CELIA A BREWER
City Alire~
By:
Deputy City Attorne
CITY HALL DOOR SECURITY INSTALLATION
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