HomeMy WebLinkAbout2007-040
RESOLUTION NO. 2007-40
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH
THE COUNTY OF SAN BERNARDINO PROBATION DEPARTMENT TO
PARTICIPATE IN THE GRANT FUNDED JUVENILE ACCOUNTABILITY
PROGRAM KNOWN AS INTERVENTION AND MANAGEMENT OF
PROBATIONER ACCOUNTABILITY AND COMPLIANCE OF TERMS (IMPACT).
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2 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
3 CITY OF SAN BERNARDINO AS FOLLOWS:
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Section 1. The Mayor and Common Council of the City of San Bernardino authorize
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the Mayor to execute a CONTRACT between the City of San Bernardino Police Department
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and The County of San Bernardino Probation Department to participate in the grant funded
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juvenile accountability program known as Intervention and Management of Probationer
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Accountability and Compliance of Terms (IMPACT).
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Section 2. The authorization to execute the above referenced amendment is rescinded if
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not issued within one hundred-twenty (120) days ofthe passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
AN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH
HE COUNTY OF SAN BERNARDINO PROBATION DEPARTMENT TO
5 ARTICIPATE IN THE GRANT FUNDED JUVENILE ACCOUNTABILITY
ROGRAM KNOWN AS INTERVENTION AND MANAGEMENT OF
6 ROBATIONER ACCOUNTABILITY AND COMPLIANCE OF TERMS (IMPACT).
I HERBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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24 AMES F. PENMAN,
25 ity ttorney
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ommon Council of the City of San Bernardino at a i oint regular
meeting thereof,
e1d on the
day of February
, 2007, by the following vote, to wit:
5th
AYES
ABSENT
NAYS
ABSTAIN
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LLEY
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CCAMMACK
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Rac I G. Clark, CITY CLERK
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The forgoing resolution is hereby approved this ~_ day of February __,2007.
~O~S'MaYOr
CIty of San Bernardino
CL:C:\Documents and Settings\Wages~Ja\Local Settings\Temporary Internet Files\OLKDE\IMPACTAmedResolution2006.doc
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
February 27, 2007
FROM: JERRY L. HARPER, Chief Probation Officer
Probation Department
SUBJECT: AGREEMENTS WITH THE CITY OF SAN BERNARDINO AND SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT
RECOMMENDATION:
1. Approve Agreement No. 07-142 with the City of San Bernardino (City), in the amount of
$107,497, for police services to implement a U.S. Department of Justice (DOJ) earmark grant,
for the period October 1, 2006 to September 30, 2007.
2. Approve non-financial Agreement 07-143 with the San Bernardino City Unified School
District (District), to coordinate with the Probation Department (Department) in providing
student services under the DOJ grant, for the period November 1, 2006 to September 30,
2007.
BACKGROUND INFORMATION: On September 26, 2000, the Board of Supervisors (Board)
accepted a grant award from the DOJ, to develop a probation program modeled after the highly
successful "Boston Night Light" crime reduction program. The Department's program,
Intervention and Management of Probationer Accountability and Compliance of Terms
(IMPACT/Night Light), was developed to reduce juvenile violence and crime in the City through
intervention by probation officer/police officer teams. The collaborative program was designed to
reduce gang involvement, remove firearms from youthful offenders, provide intensive supervision
of high-risk youth, and provide alternatives to delinquent conduct by redirecting at-risk youth into
positive activities. An Agreement was developed with the City for the transfer of grant funds to
cover the cost of police positions.
Each year thereafter, additional funding has been received with Board approval, and as funding
has fluctuated, the program has been adjusted accordingly. On October 26, 2004, the Board
approved a new DOJ grant in the amount of $247,369, and then two supplemental grant awards
on December 20, 2005 ($394,657) and September 26, 2006 ($345,530), for a total grant award of
$987,556, for the period July 1, 2004 to September 30, 2007. Approval of Recommendation No.
1 would continue the IMPACT program relationship with the City by funding one police officer, in
the amount of $107,497, for the period October 1,2006 to September 30,2007.
Upon approval of the first supplemental grant award on December 20, 2005, the Board also
approved the addition of one probation officer II position to implement a pilot project (IMPACT/
Day Light) within the District. Since the award, the Department and the District have been
working together to develop the program. Approval of Recommendation NO.2 would recognize
cc: Probation-Arden w/4 agreements
Contractor c/o Probation w/agreement
Auditor-Accounts payable manager
w/2 agreements
IDS-w/2 agreements
Risk Management
Probation-Harper
CC-Stafford
CAO-Rozko; Lane
File-w/agreement
AYE
5
ml (03/05/07)
ITEM 079
BOARD OF SUPERVISORS
U.S. DEPARTMENT OF JUSTICE GRANT AWARD
FEBRUARY 27, 2007
PAGE 2 OF 2
the formal Agreement necessary to provide for the mutual implementation of a prevention
program in four (4) elementary schools with high-risk minors in lower-income areas of the City, for
the period November 1, 2006 to September 30, 2007. Should funding be discontinued, the
probation officer position would be eliminated and the incumbent re-assigned to an existing
budgeted position within the Department.
The District Agreement was approved by the School Board last December and the City
Agreement was approved by the City Council on February 5, 2007. Therefore, the Agreements
are coming to the Board for approval on the first available date following the complete review
process of all parties involved.
REVIEW BY OTHERS: This item has been reviewed by County Counsel (Dawn Stafford, Deputy
County Counsel, 387-5471) on February 15, 2007 and the County Administrative Office (Laurie
Rozko, Administrative Analyst, 387-8997) on February 12, 2007. This item has been coordinated
with Briana Lane, Grants Coordinator, 387-5401.
FINANCIAL IMPACT: There is no local cost impact related to this item. Both Agreements would
be fully funded by the DOJ grant. Appropriations and revenue in the amount of $345,530 were
already included in the Department's 2006-07 budget.
SUPERVISORIAL DISTRICT(S): All
PRESENTER: Rick Arden, Deputy Chief Probation Officer, 387-5855
Rev09!06RJ
02/27/07 079
FAS
FOR COUNTY USE ONL y RIGIJNAJ
X New Vendor Code Dept. Contract Number
- Change SC A 07-142
Cancel
County Department Dept. Orgn. Contractor's License No.
Probation
County Department Contract Representative Telephone Total Contract Amount
Rick Arden 909 387-5855 $107.497
D Revenue Contract Type
D Encumbered D Unencumbered 00 Other: Grant funded position
If not encumbered or revenue contract type, provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
10/01/2006 9/30/2007
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
AM PRB PRB 200 2445 4000NTL T $107.497
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
,
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Arnou nt
,
Project Name Estimated Payment Total by Fiscal Year
IMPACT - Night Light FY Amount I/O FY Amount I/O
2006-07 $ 80,623 I
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2007-08 $ 26,874 -
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County of San Bernardino
STANDARD CONTRACT
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called
the County, and
Name
City of San Bernardino hereinafter called City
Address
710 North D Street
San Bernardino, CA 92410
Telephone FederallD No. or Social Security No.
909 384-5658
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion,
determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.)
Introduction
This Agreement between the County of San Bernardino Probation Department (Probation) and the City of San
Bernardino (City) defines the operating agreement between the two agencies as they administer a
Congressional Earmark Program (Grant) from the federal Office of Juvenile Justice Delinquency Prevention
Programs. The program developed between the agencies utilizing the Grant is called the "Night Light" program.
A police sergeant provided by the City and a supervising probation officer provided by Probation will share
supervision responsibilities.
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The sergeant will provide field supervision for all subordinate members assigned to the program and provide
necessary input for probation officer (PO) performance evaluations to Probation. The Probation supervisor will
provide input to the program to insure goals are achieved. This supervisor will also be responsible for probation
issues normally handled by Probation. These include, but are not limited to, completion of reports, payroll, and
the court filing of probation violations and other court documents.
Staffi na
The provisions of the Grant will fund one full-time police officer from City and one full-time probation officer from
Probation to participate in the Night Light program. Provisions of this Grant will not fund other City or Probation
personnel who may assist with this program. One police officer from City and one probation officer from
Probation will staff the program.
In order to minimize disruption to the program, assignment to the program will normally be at least one year.
City and Probation, however, retain the right to move personnel to accomplish individual agency needs and to
conform to City of San Bernardino and County of San Bernardino personnel rules. Each agency agrees that
placement in the program should be based on past favorable job performance, specialized experience which will
enhance to accomplishment of the goals of the program, and the ability to work with others in a close team
environment.
Personnel not meeting acceptable standards of performance, or refusing to comply with program policies and
procedures, may be removed from the program and transferred back to the parent agency.
Fiscal Procedures
A. Program Funds
Probation retains the sole responsibility and accountability for the reporting and disbursing of Grant funds
acquired by the County of San Bernardino to fund the program. Each agency agrees to the following in
regards to those specific Grant funds:
1. Periodic Grant reporting to the funding source and auditing processes conducted by the funding
source remain the responsibility of Probation.
2. Any provision of this Agreement deemed in conflict with (1) agreements ratified by the San
Bernardino County Board of Supervisors, (2) the City of San Bernardino Common Council, or (3)
Grant requirements, will be null and void.
3. The Agreement assumes the Grant will fund one police officer position, one probation officer, as well
as Grant-related Probation services, supplies and overhead.
B. Salaries and Benefits
Increases of salaries or benefits during the project remain the responsibility of the individual agency.
C. Participant Claims for Reimbursement
Each agency agrees to cooperate in providing information or administrative support to assist in claims for
reimbursement to the Grant funders.
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D. Right to Audit
Each agency retains responsibility to comply with audits required by the Grant. Each agency agrees to
cooperate in providing information or administrative support to assist in audits required by either the City of
San Bernardino or County of San Bernardino.
E. Overtime
Overtime costs not covered by the Grant remain the responsibility of the agency responsible for the
individual employee. Each agency agrees to work cooperatively in the effective and efficient administration
of the project in order to avoid incurring unnecessary overtime costs.
F. Indirect Costs
Indirect costs (i.e., administrative overhead, garage charges, etc.) remain the individual responsibility of
each agency.
Standard ODeratinll Procedures
Associated program supervisors will examine applicable policies for the individual agencies. Any policies that
conflict significantly will be evaluated by the associated supervisors to create an applicable program policy or
practice. Each agency agrees to cooperate in the development of program policies that do not significantly
conflict with the mission, vision, or values of either agency. In the event only one agency has a policy
addressing a specific issue, that policy will be reviewed for adoption by the program.
In cases where one agency's policies or procedures conflict with the other agency's policies or procedures, the
employee shall abide by the policies of his or her agency. The parties may adopt a policy that reconciles any
conflict. If so, the reconciled policy will be followed.
The investigation of uses of force, particularly those involving injury or death to either an employee or another,
shall be conducted by the law enforcement agency having jurisdiction of the incident. Vehicle accidents will be
handled by the agency having jurisdiction at the location where the accident occurs. Nothing in this Agreement
precludes further investigation or concurrent investigation by the employee's agency. The associated supervisor
will ensure the agency of the involved employee has been promptly and appropriately notified of either a use of
force or injury.
Injured personnel will be taken to the most immediate and competent medical facilities available. The
employee's agency will be immediately notified of any injury to their personnel. The associated supervisor from
the injured employee's agency is responsible for completion of applicable internal forms.
Program member evaluations and investigations of citizen's complaints or internal investigations shall be
investigated jointly by both agencies. Either the supervising probation officer for Probation or the City lieutenant
assigned to the program will determine primary internal affairs investigation responsibility. In the event of
disagreement on this issue, the participating agencies may elect to conduct concurrent investigations or resolve
the issue between the Chief Probation Officer and the Chief of Police. Disciplinary actions against individual
employees remain the responsibility of the employing agency.
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Other Terms
A. Operation Location
The program will utilize existing physical assets of Probation and the City and to conduct briefings and
complete administrative tasks including completion and filing of reports.
B. Equipment
The program supervisors will be accountable for the equipment assigned to the program and will use
approved applicable procedures for procuring, accounting, and safeguarding fixed assets. Equipment
acquired by either agency (paid for with Grant funds) remains the property of the acquiring agency.
C. Communication Equipment
Communications equipment acquired will be maintained and repaired by the County of San Bernardino.
Communications equipment acquired remains the property of the acquiring agency at the end of the
project.
D. Other Equipment
Each agency agrees to cooperate in the acquisition, maintenance, and disposition of any other equipment
necessary for the effective administration of the projects.
E. Vehicles
Vehicles may be purchased using Grant funds through approved procurement procedures. Maintenance
and fuel costs of vehicles assigned to the program will be the responsibility of the acquiring agency.
F. Distribution of Program Assets
At the conclusion of the project, each agency agrees to distribute program assets (i.e., equipment) in
accordance with Grant requirements. If distribution rules are not specified in the Grant, the assets remain
the property of the acquiring agency.
G. Asset Forfeiture Sharing
Program operations, which result in either state or federal asset seizures, shall be shared equally by both
agencies (i.e., 50% net disbursement to each agency) in accordance with asset forfeiture laws and
regulations. Asset forfeiture processes and required court filings and reports will be completed by City.
Both agencies understand that asset forfeiture sharing amounts are specified by law and this section
simply defines an agreement to share equally in those net assets generated as a result of the program.
H. Reporting
The program supervisors will be responsible for implementing a reporting system which tracks team
activities, statistics, and accomplishments of program operations.
Each agency agrees to cooperate with each other in the preparation of reports deemed necessary to
provide accountability to Probation, City, or the Grant authority.
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Indemnification
The City agrees to indemnify, defend and hold harmless the County of San Bernardino and its authorized
officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability
arising out of this contract from and cause whatsoever, including the acts, errors or omissions of any person and
for any costs or expenses incurred by the County of San Bernardino on account of any claim therefore, except
where such indemnification is prohibited by law.
The County agrees to indemnify, defend and hold harmless City and its authorized officers, employees, agents
and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract from
and cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses
incurred by City on account of any claim therefore, except where such indemnification is prohibited by law.
In the event that City and/or the County are determined to be comparatively at fault for any claim, action, loss or
damages which results from their respective obligations under this agreement, City and/or the County shall
indemnify the other to the extent of its comparative fault
Insurance
Without in anyway affecting the indemnity herein provided and in addition thereto, City shall secure and maintain
throughout the contract term the following types of insurance with limits as shown:
Workers' Compensation/Emplovers Liabilitv - A program of Workers' Compensation insurance or a state-
approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code
of the State of California, including Employer's Liability with $250,000 limits covering all persons including
volunteers providing services on behalf of City and all risks to such persons under this contract.
If City has no employees, it may certify or warrant to the County that is does not currently have any employees
or individuals who are defined as "employees" under the Labor Code and the requirement for Workers'
Compensation coverage will be waived by the County's Risk Manager.
With respect to Contractors that are non-profit corporations organized under California or Federal law,
volunteers for such entities are required to be covered by Workers' Compensation insurance.
Commercial/General Liabilitv Insurance - The City shall carry General Liability Insurance covering all operations
performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a
combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage
shall include:
(a) Premises operations and mobile equipment.
(b) Products and completed operations.
(c) Broad form property damage (including completed operations).
(d) Explosion, collapse and underground hazards.
(e) Personal injury
(f) Contractual liability.
(g) $3,000,000 general aggregate limit.
Automobile Liabilitv Insurance - Primary insurance coverage shall be written on ISO Business Auto coverage
form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined
single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per
occurrence.
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If City is transporting one or more non-employee passengers, in performance of contract services, the
automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury
and property damage per occurrence.
If City owns no autos, a non-owned auto endorsement to the General Liability policy described above is
acceptable.
Umbrella Liabilitv Insurance - An umbrella (over primary) or excess policy may be used to comply with limits or
other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property
damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage
for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.
Additional Insured - All policies, except for the Workers' Compensation, Errors and Omissions and Professional
Liability policies, shall contain endorsements naming the County and its officers, employees, agents and
volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder.
The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but
shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage
shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.
Waiver of Subroaation Riahts - The City shall require the carriers of required coverages to waive all rights of
subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. All
general or auto liability insurance coverage provided shall not prohibit City and City's employees or agents from
waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation
against the County.
Policies Primarv and Non-Contributorv - All policies required herein are to be primary and non-contributory with
any insurance or self-insurance programs carried or administered by the County.
Severabilitv of Interests - The City agrees to ensure that coverage provided to meet these requirements is
applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for
suits between City and the County or between the County and any other insured or additional insured under the
policy.
Proof of Coveraae - The City shall immediately furnish Certificates of Insurance to the County Department
administering the contract evidencing the insurance coverage, including endorsements, as required, prior to the
commencement of performance of services hereunder, which certificates shall provide that such insurance shall
not be terminated or expire without thirty (30) days written notice to the Department, and City shall maintain
such insurance from the time City commences performance of services hereunder until the completion of such
services. Within fifteen (15) days of the commencement of this contract, City shall furnish a copy of the
Declaration page for all applicable pOlicies and will provide complete certified copies of the policies and
endorsements immediately upon request.
Acceptabilitv of Insurance Carrier - Unless otherwise approved by Risk Management, insurance shall be written
by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide
rating of "A- VII".
Deductibles and Self-Insured Retention - Any and all deductibles or self-insured retentions in excess of $10,000
shall be declared to and approved by Risk Management.
In lieu of the foregoing policies of insurance, the City may provide a Certificate of Self-Insurance to Probation.
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Failure to Procure Coveraae - In the event that any policy of insurance required under this contract does not
comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not
the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by
the County will be promptly reimbursed by City or County payments to City will be reduced to pay for County
purchased insurance.
Insurance Review - Insurance requirements are subject to periodic review by the County. The Director of Risk
Management or designee is authorized, but not required, to reduce, waive or suspend any insurance
requirements whenever Risk Management determines that any of the required insurance is not available, is
unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of
Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage
or coverage limits become reasonably priced or available, the Director of Risk Management or designee is
authorized, but not required, to change the above insurance requirements to require additional types of
insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past
claims against the County, inflation, or any other item reasonably related to the County's risk.
Any change requiring additional types of insurance coverage or higher coverage limits must be made by
amendment to this contract. The City agrees to execute any such amendment within thirty (30) days of receipt.
Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the
insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the
County.
Amendments to the Aareement
This Agreement may be amended in writing at any time with the concurrence of both agencies. Any amendment
shall be in writing and approved by the Board of Supervisors and the City of San Bernardino Common Council.
Terms of the Aareement
The Agreement will remain in effect until the program ends or either agency agrees to terminate the project.
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Sianatures
The undersigned certify they represent and have the authority to execute this agreement on behalf of their
respective agencies and, in signing this agreement, concur with and support he IMPACT program as set forth in
this Agreement and for the period and purposes as stated herein.
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Bill PQ[tmIlG, Chairman, Board of Supervisors
~~~: I 'Bio"ne.. FES 2 7 2007
Citv of San Bernardino
(Print or type name of corporation. company, contractor, ate.)
-
By
n blue ink)
Name Patrick J. Morris
(Print or type name of person signing contract)
Title
Dated:
Mavor
(Print or Type)
Ol. - (g-OLe
By
Address -300 /J [) -Srx:.ec-r; Sfl11&/II?I/~It/1i:>
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Approve as to ~ Form '~
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Date
Auditor/Controller-Recorder Use Onl
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