HomeMy WebLinkAbout1993-250
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RESOLUTION NO. 93-250
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A THIRD AMENDMENT TO THE AGREEMENT WITH CONSULTANT,
RUTH PARISH, OF TECKNOWLEDGE GROUP, INC. TO PERFORM CONSULTING
SERVICES FOR THE MANAGEMENT INFORMATION SERVICES DEPARTMENT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL FOR THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said city
a third amendment to the agreement with Ruth Parish to perform
consulting services for the M.r.S. Department, a copy of which
is attached hereto marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
SECTION 2.
The authorization .to execute the above
referenced amendment is rescinded if the parties to the
amendment fail to execute it within sixty (60) days of the
passage of this resolution.
I HEREBY CERTIFY that t.ne foregoing rcsoluti'~m W,F3 duly
adopted by the Mayor and Common Council of the City of San
Bernardino at an .requlaE-- meeting thereof, held on the
19th
day of __JulL__, 1993, by the following vote to wit:
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RES 93-250
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RESOLUTION OF THE CI'rY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A THIRD I,MLN1JJolI;N'f TO THE AGREEMENT WITH RUTH PARISH
TO PERFORM CONSULTING SERVICES FOR THE MANAGEMENT INFORMATION
SYSTEMS DEPARTMENT.
COUNCILMEMBERS AYEii NAYS ABSTAIN ABSENT
NEGRETE x
-----
CURLIN X
----
HERNANDEZ X
-..-
OBERHELMAN X
--
OFFICE VACANT --
POPE-LUDLAM X
_._- --
MILLER
X
1Z~ C~
The foregoing resolution is hereby approvad this
';)')..~ day of
July
, 1993.
/&n~)Z~
TOM MINOR, P.AYOR
City of San Bernardinc
Approved as to form
and legal content:
JAMES F. PENMAN
::~:y?
o
I~ '
,,"'::,,'-"'1/l-"/I...~_
RElS 93-;150
THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT is made and entered into
this ~...\D-t'\\ )day of C') ~\\ \\ , 1993, by and between the City of
\
San Bernardino, a municipal corporation, 300 North "D" Street, San
Bernardino, California 92418, (herein referred to as "City", and
Tecknowledge Group, Inc., a California Corporation, 15597 willow
Drive, Fontana, California
92337, by and through Ruth Parish,
Treasurer, a principal of said corporation (herein referred to as
consultant).
RECITALS
WHEREAS, the City and Ruth Parish entered into that certain
agreement dated June 8, 1990 for consulting services (original
agreement) attached hereto as Exhibit A; and,
WHEREAS, Ruth Parish has become a principal of Tecknowledge
Group, Inc.; and,
WHEREAS, the parties desire to amend the Agreement.
NOW THEREFORE, the parties agree as follows:
1. City engages Tecknowledge Group, Inc. as consultant, and
Tecknowledge Group, Inc. accept such engagement, to perform the
services described in the original agreement. Tecknowledge Group,
Inc. assures and covenants to City that it has the qualifications,
experience and facilities to properly perform said services and
agrees to undertake and complete the performance thereof under the
terms and conditions set forth in the original contract and as
amended herein.
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2. Tecknowledge Group, Inc. agrees that Ruth Parish shall
continue to provide the services as set forth in the original
agreement through the term of the agreement. Any change in
personnel shall be approved in writing by the City.
3. Section 2 of the original contract is hereby amended to
read as follows:
SECTION 2. Term.
The term of this agreement shall commence July 1, 1993, and
end June 30, 1994. This agreement may be extended on a month-to-
month basis for a maximum of twelve (12) additional months upon the
express written consent of Consultant to such extension and the
approval thereof by the City Administrator.
4. Section 3 of the original contract is hereby amended to
read as follows:
SECTION 3. pavment and provision for Pavment.
A. Maximum Compensation
(1) Maximum total compensation to be paid under this
agreement shall be Fifty-two Thousand dollars ($52,000.00).
Payment to Consultant for services provided under
this amendment shall be at the rate of $25.00 per hour, and in no
event shall exceed $4,334.00 within any calendar month.
(2) Consultant shall provide a minimum of 24 hours of
service per calendar week, with the exception of unavoidable leave
such as sickness or jury duty. Consultant may take an unpaid two
week vacation pre-scheduled with the M.r.S. Director.
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RES 93-250
B. Manner of Compensation
(1) Consultant shall maintain and file with the M.I.S.
Department a record of all hours worked on assigned projects. Said
projects shall be listed by work order as such listing is requested
by the Director of M.I.S.
(2) The director shall submit a claim or request for
payment based on such record to the Finance Department in such
payment based on such record to the Finance Department in such
manner that Consultant shall be paid bi-weekly.
(3) Consultant shall assume and pay all out-of-pocket
expenses and costs of performing services under this amendment
except as otherwise specifically provided herein, and City shall
not be liable for any such costs and expenses.
5. Section 8 of the original agreement is hereby amended to
add the following paragraph:
Consultant shall provide to City evidence of insurance
covering consultant and City as an additional insured as to any
potential liability to consultant and City. The evidence to be
provided shall be a Certificate of Insurance describing the
coverage provided and naming City as an additional insured. The
insurance shall consist of the following:
A. Commercial General Liability Insurance
Commercial General Liability Insurance provided by
consultant, in a combined single limit of not less than
$1,000,000.00.
The Certificate of Insurance shall provide that the
FLRJal[Parish.AgrJ
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RES 93-250
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City shall be notified in writing thirty (30) days prior to any
cancellation or reduction in the above insurance coverage.
6. Section 14 is hereby amended to read as follows:
l4. Notices
Any Notice required to be given hereunder shall be
deemed to have been given by depositing said notice in the United
States mail, postage prepaid, and addressed as follows:
City
Consultant
Rachel Clark, City Clerk
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Tecknowledge Group, Inc.
15597 willow Drive
Fontana, California 91337
7. The remaining terms of the original agreement are to
remain in full force and effect.
Any further amendments or
modifications are to be made in writing.
Executed this ~lo-\- Ie. day
of <::0~ \""
\
1993,
at San
Bernardino, California.
ATTEST:
Ka~ C1 CJ.J1J0
Rachel Clark
City Clerk ,
~ ya4'?~w()ivn[U/ {J.ePU-t
CITY OF SAN BERNARDINO, a
Municipal Corporation of
the State of California
--;-;n'b"- J~UAA~
Tom Minor, ayor
City of San Bernardino
~~~D~
Ruth Parish
Treasurer
INC.
Approved as to form
and legal content:
t.r~
mes F. Penman
ity Attorney
FLR/allParish.AgrJ
4
RES 93-250
EXHffiIT "A"
,------- -
. RES 93-250
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AGREEMENT
THIS
~C day of
and entered into this
, 1990, by and between the city
municipal corporation, 300 North "D"
of San Bernardino,
street, San Bernardino, California 924l8, (herein referred to as
"City"), and Ruth Parish, 78-650 Avenue 42, #2001 Bermuda Dunes,
California 92201 (herein referred to as "Consultant").
city and Consultant agree as follows:
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l. General Descriotion of Work to be Done.
city hereby engages Consultant, and Consultant hereby
. accepts such
engagement, to perform the services
herein
described for the compensation herein provided.
Consultant
hereby assures
and convenants to city that she has the
qualifications, experience and facilities to properly perform
said services, and hereby agrees to undertake and complete the
performance thereof for the compensation herein provided.
IIIII
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EXHIBIT "A"
RES 93-250
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2. Tel;]!!
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The term of
shall commence July 2, 1990,
this agreement
and
end
June 30,
1991.
This
agreement may be extended on a
"~ont~:..Ee-month
3,{,~ f -' .':'.~~:!t:: P' ...
"1IlI;?nths., upon the
4' ' "",
basis for
a maximum of twelve
(l2)
additional
written
express
consent of
Consultant to such
extension and the approval thereof by the City Administrator.
3. PaYment and Provision for PaYment .
A. Maximum Compensation
(l) Maximum total compensation to
this agreement shall be Forty-eight Thousand Two
be.. pai,d under
Hundred dollars
." i/,.
;~.' ,
.,
($48,200).
Payment to Consultant for services provided under this
agreement shall be at the rate of $24.32 per hour, and in no
event shall exceed $4,215 within any calendar month.
(2)
Consultant shall provide a minimum of 130
hours of service per calendar month.
B. Manner of Compensation
(l) Consultant shall maintain and file with the
Data Processing Department a record of all hours worked on
assigned projects. said projects shall be listed by work order
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if such listing is requested by the Data Systems Manager.
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RES 93,.250
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(2) The Data Systems Manager shal~ submit a claim
or request for payment based .on such record to the Finance
Depar~~ent. in such manner that Consultant shall be paid
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bi-we.1d.y.
3. ."~""';'
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(3) Consultant shall assume and pay all out-of-
pocket expenses and costs of performing services under this
agreement except as otherwise specifically provided herein, and
city shall not be liable for any such costs and expenses.
4.
General Descriotion of Work to be Done .
. .'~.C: :,.
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city
retains
Consultant
to perform
~-,'I"" " .
fOllowJ':. ,:,:
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hereby
coordinating/programming, and training services as
(a)
Act
as technical advisor/administrator for
providing advice and guidance on: All projects being considered
for
software and
hardware capabilities; creating,
CADD;
implementing, and aUditing computer applications.
(b) Evaluate, study, and analyze city's needs with
respect to what technica~ applications are needed to ensure both
a cost effective and efficient CADD system.
(c)
writes documentation, procedures, and provides
hands on training for city personnel.
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RES 93-25.0
(d)
Acts as
prime interface between computer
vendors, consultants, outside agencies, and city for technical
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consu!~ations with
. :,. '". ........:~~
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,'1"':'1-] ;
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respect to CADD.
t
(e)
Also acts as interface
between data processing
and all other city departments with respect to CADD.
5. Amendments.
This agreement may be amended or modified only by written
agreement executed by both parties.
....
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6. Assiqnment.
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'; not be
Consultant's rights under
thil3 agreement shall'
assigned by Consultant to any other person, firm or corporation
without the prior written consent of the city.
7. Relationshio of Parties
Consultant is acting as an independent contractor, and
the city. In the performance of personal
not as an employee of
services pursuant to
the provisions of this agreement,
be supervised, directed, or under the
Consultant shall not
control or authority of any city officer or employee, except and
to the extent as may be expressly or implicitly required by the
terms and provisions of this agreement. Any'direction or
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. RES, 93:-25
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controi so required under this agreement shall be limited to
broad objectives or goals of the project or program to be
accomplished and not to the details and procedures to accomplisti
. ..--.
such~~ectives or goals. Consultant shall not be obligated to
.,-~.,;.
conform to the supervision or direction of City officers or
employees
which are not authorized
herein.
or
Changes
modifications of said objectives and goals
made by
may be
written recommendations of
either party
subject
to the
concurrence of the other party in writing,
8. Hold Harmless .
Consultant hereby agrees to, and shall, hold city,' its
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elective and appointive boards, commissions, officers, ~gents
, ,
~.
and employees, harmless from any liability for damage or'claim
for damage for personal injury, including death, as well as from
Consultant's operations under this agreement. Consultant agrees
to, and shall defend city and its elective and appointive
boards, commissions, officers, agents and employees from any
suit or actions at law or in equity for damages caused or
alleged to
have
been caused by
reason of Consultant's
performance .hereunder including any claims that may arise
against city by reason of Consultant's legal relationship with
city being categorized as other than that of an independent
contractor.
IIIII
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III/I
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:;k:~~~tIti~~ to
RES 93-250
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9; Attorney'S Fees .
eyent
an action
,
party to
filed by
either
is
under this
Agreement, the prevailing party shall
recover reasonable attorney's fee in addition
to
any other relief granted by the court.
lO. Termination bY city .
Notwithstanding any other provision of this Agreement,
,
the city, by notifying Consultant in writing, may terminate all
or a portion of the services agreed to be performed under this
Agreement with or without cause. Consultant shall be given five
~
(5)' days' written. notice for failure of Consultant to Iferform
f ~
obligations under the contract in a satisfactory manner, and
thirty (30) days' written notice if termination is for other
reasons. Notice shall be mail posted to the address set forth
herein for the receipt of notices.
In the event of any
termination, Consultant shall have the right and obligation to
immediately assemble work in progress and forward same to the
city. All charges outstanding at the time'of termination shall
be payable by the city to Consultant within thirty-five days
following submission of final statement by the Consultant.
.;.1?..
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';:,',:- ~'" .
ll. Acceotance of Final Payment constitutes Release .
The acceptance by Consultant of the final payment made
according to the terms of this Agreement shall operate and be a
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RES 93-250
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release 'to the city, and every employee and agent thereof, from
all claims
and liabilities to
consultant for anything
done or
to the work or services, or for
any
relating to or arising out of
12. Acknowledaement .
(a) Consultant acknowledges and agrees that city is the
sole and exclusive owner of all rights and remedies in and to
certain confidential ideas and secrets concerning the operat~ons
of city, any products or information resulting, in ~h?le, or in
part, from
the work performed
under this
. . '! ", ~'.
agreement';' and :"all
~".. ..
said], work) ,
.
products or information derived or to be derived from
regardless of whether
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city's or Consultant's work i~ sUbject t~
patent, copyright, or other protection.
(b) In the event that any work performed under this
agreement is or becomes the subject of a patent application,
patent, copyright, or other rights under the laws of the United
states or any other country, Consultant agrees and understands
that city shall have all the rights, and remedies available to
city under the law as a result of such patent applications,
patents copyrights, or other rights.
13. Confidentiality and Non-Disclosure.
(a) Consultant acknowledges that during the Consultation,
Consultant has had and/or shall have access to and has become
and/or shall or may become aware of secret information.
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RES 93-2.50
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Consultant agrees to hold in confidence' all such secret
information disclosed to Consultant or developed by Consultant
in connection
with
the
work
performed under this
"j ;lj~'::t'~,:'
e1ther,:ln.writing,
. ~:,_.' . .'~!lf:::"- '."
..~....
exceptl::
agreement,
verbally, or as a result of the
Consultation
(ll Information which, at the time of disclosure, is
in the public domain or which, after disclosure, becomes part of
the public domain by publication or otherwise through no action
or fault of Consultant; or
,~ \~~}-' i. ,"'
(2) Information which Consultant can show is in'its
........:
possession at the time of disclosure and was not
aCqf.r.ed,
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. .f;~" '.
directly or indirectly, from City;
(3) Information which was received by Consultant from
a third party having
the legal right to transmit
that
information.
(b) Consultant shall not, without the written permission
of the Data Systems Manager, use the secret information, which
Consultant is obligated hereunder to maintain in confidence, for
any reason other than to enable Consultant to properly and
completely perform under this agreement.
(c) Consultant shall not reproduce or make copies of the
secret information or Consultant's output, except as required in
the performance of this agreement.
Upon termination of the
agreement for any reason whatsoever, Consultant shall promptly
deliver to city all correspondence, drawings,
blueprints,
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RES 93-250
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manuals, . letters, notes, notebooks,
reports,
flow-charts,
programs, proposals, or documents concerning city.
;;;~~ ' ::~':f":".i.';
Yc.'2.'Jd) . ".Except as may
~'1!t""'f' ..: "" ~}
agreement>'.. Consul tant
be required for performapce of
this
shall
during
not,
at
any
time
or
subsequent to this agreement, unless City has given prior
written consent, disclose or use the secret information or
engage in or refrain from any action, where such action or
inaction may result (1) in the unauthorized disclosure of any or
all such secrets to any person or entity; or (2) in the
infringement of any or all such rights.
,....,"'.
.>~~'-i:;: .
'..
(e) Consultant shall immediately notify city of ~ny
..~
information which comes to Consultant's attention which dbes or
~ .
might indicate that there has been any loss of confidentiality
of such secrets or breach of such rights.
(f) Consultant shall limit the disclosure of the secret
information to those persons in Consultant's organization or the
city, who have a need to know all or part of the secret
information. Consultant shall make such disclosure to each such
person limited to that portion of the secret information that
that person needs to know. Consultant shall inform each such
person of the provisions of this agreement regarding secret
information and shall make reasonable efforts to insure that
each such person shall abide by those provisions.
l4. Notices .
Any notice required to be given hereunder shall be deemed
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RES 93-250
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to have- been given by depositing said. notice-in the United
states mail, postage prepaid, and addressed as follows:
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,;.\::~.,< ,'.!:;'~:r':'
. r~.<i.
:/ -' _.:1';"~'Shauna '_Clark, city Clerk
city of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
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City:
l5. Entire Aqreement .
This contract constitutes the
-
Consultant:
Ruth Parish
78-650 Avenue 42 #2001
Bermuda Dunes, CA 92201
entire Agreement between
city and Consultant and may be modified only by further written
-'.;:r:~~,:.!:':... '~"~l;: .'.
"::::::,::,,::F, O;"':heAq::::e::dha:e::e~~::::lf':::;:
. .,.:.;;i~~;L;'rr
agreement between the parties.
IN
the parties
written.
ATTEST:
~/i?;1;P~~
Shauna Clark
city Clerk
Approved as to form
26 and legal content:
27
28 es F. Penman
Attorney
OS/25/90
10
CITY OF SAN BERNARDINO, a
Municipal Corporation of
state of Californi
.
~:H
- f
city of
ilr/L tf:;I
Ruth Parish
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t,___,___
RES 93-250
"
City Of San Bernardino
Interoffice Memorandum
To: Department/Division Heads
From: Ruth Parish, GIS Coordinator, MIS Department
Subject: Available Geographic Information Data
Date: June 1, 1993
Copies: Janis Ingels, Director of MIS
Issue: 3
A great deal of progress has been made with the Geographic Information System. The biggest
success is the addition of address ranges to all city streets. This massive project was recently
completed. It will allow us to locate symbols automatically by address or street intersection.
The attached listing details the information or layers that have been entered on the City's
Geographic Information System. Any number of layers can be displayed on a single map. Please
submit an MIS service request form for maps. A request for maps can usually be filled within
a range of 2 to 10 days from receipt depending on the size, quantity and complexity required.
New information is being added to the system daily. It is capable of displaying unlimited
varieties of data. Please contact me at extension 5010 to discuss your GIS and mapping
requirements.
Please distribute this list within your department.
RES 93-250
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,
City of San Bernardino
GIS Documentation
Data Availability
Description Status
Addresses, City Wide Available, Updated Constantly
Address Grid, City Wide, 100 & 500 blocks Available, Current
Archaeological Sensitivities Available, Current
Assessor Parcel Numbers, City Wide Expect completion within 3 to 6
months.
Banners As Requested
City Limits, San Bernardino Available, Current
City Limits, Highland Available, Current
City Hall Floor Plans Available, Current
City Property Available, Complete
Councilmanic Districts, Pre-1992 Available, Current
Councilmanic Current Available, Current
Assessment Districts, Active Available, Current
Census Tracts Available, Current
Census Blocks Available, Current, see note 1
Census Ethnic Data Available, Current
Census Population Data Available, Current
Census, Hispanic Distribution 26% + Available, Current
City Organization Chart Available, Current as of 1/92
Can be altered.
Development Code Overlay Districts Available, Current
Public Works Detail City Key Map Available, Current
Environmental Resources/Hazards Available, Current
Facilities, Schools & Data Available, Current
Facilities, Critical, Sensitive, & High Occupancy Available, Current
June 3, 1992
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RES 93-250
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City of San Bernardino
GIS Documentation
Data Availability
Unreinforced Masonry Buildings Available, Current
Facilities, Hazardous Materials Available, Revised 7/15/92
Fire Beats Available, Current
Freeways Available, Current
Geologic Hazards Overlay Available, Current
Global Positioning Points 24 Available, Current
Land Use Gross Areas Available
Norton Air Force Base Plans Available, Current as of 1990
Natural Gas Transmission Lines Available, Current as of 1/91
Parcels Available, Current as of 88
Parcel Map Locator Available, Current as of 6/92
City Parking Lots #1 & 2 Available, Current
Police Beats Available, Current
Police Cluster Districts Available, Current
Police Reporting Districts Available, Current
Railway Available, Current
Record of Survey Map Locator Available, Current as of 9/91
Redevelopment Project Areas Available, Current
SCE, Major Lines & Substations Expected completion: 6/15/93
Storm Drain, National Pollutant Elimination Available, complete except for
Discharge System drainage sub-areas.
Streets: ROW, Centerlines Available, updated constantly
Identification of Major and Minor Arterials and Available updated constantly
Collectors
Water Districts Available, Current
Ground Water Available, Current
June 3, 1992
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