HomeMy WebLinkAbout37-Public Services CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
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From: Ken Fischer, Director Subject: Resolution authorizing the
execution of an Agreement and increase
Dept: Public Services to an Annual Purchase Order, with three
single year renewal options, to
Date March 25, 2008 American Rotary Broom Co. Inc. for
rewound main and gutter sweeper
brooms to be utilized by the Public
Services Department, Fleet Division.
Meeting Date: April 7, 2008
Synopsis of Previous Council Action
Recommended Motion:
1.) Adopt resolution.
2.) Authorize the Director of Finance to amend the FY 07/08 Fleet, and Street
Sweeping budgets in the Refuse Fund as discussed in this staff report to reflect the
additional $10,100 in Materials & Supplies costs.
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ature
Contact person: Don Johnson, Fleet Manager Phone: 5220
Supporting data attached: Staff Report,
Resolution, Agreement Ward: All
FUNDING REQUIREMENTS:
Amount: $10,100
Source: 635-341-5111
Materials 8 Supplies
Finance:
Council Notes:
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Agenda Item No.
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
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~`""' Staff Report
Subject:
Resolution authorizing the execution of an Agreement and increase to an Annual Purchase
Order, with three single year renewal options, to American Rotary Broom Co. Inc., for
rewound main and gutter sweeper brooms, to be utilized by the Public Services Department,
Fleet Division.
Background:
American Rotary Broom Co. Inc. was awarded a selected source annual purchase order on
July 1, 2007, in the amount of $24,900 for FY 2007/2008. The Public Services
Department, Fleet Division staff is requesting an increase of $10,100 to the purchase order,
for a total amount not to exceed $35,000 for the remainder FY 2007/2008. The requested
increase is needed due to the addition of three (3) Street Sweepers and increased usage of
the already aging Street Sweepers until the new equipment was delivered, twice a month
sweeping and compliance with the CHP mandated BIT program. These factors have
contributed to the purchase order funds being depleted.
American Rotary Broom Co. is the only vendor able to supply re-wound gutter and main
brooms on the City owned cores. The City's cores are re-wound with spring steel brooms to
,,,._ make them last longer. Other vendors only sell disposable brooms, which are more costly
and do not last as long.
Financial Impact:
A budget amendment of $10,100 increasing Fleet's materials & supplies account (635-341-
5111) is requested. Because the Fleet Fund operates as an "internal service fund" all of
Fleet's expenditures are charged back to city departments based on related usage. These
charges will ultimately be charged back to the Street Sweeping Division of the Refuse Fund
as they are directly related to the operation, so the Street Sweeping budget will also be
amended accordingly.
Recommendation:
1.) Adopt resolution.
2.) Authorize the Director of Finance to amend the FY 07/08 Fleet, and Street Sweeping
budgets in the Refuse Fund as discussed in this staff report to reflect the additional
$10,100 in Materials & Supplies costs.
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
3 INCREASE TO AN ANNUAL PURCHASE ORDER, WITH THREE SINGLE YEAR
4 RENEWAL OPTIONS, TO AMERICAN ROTARY BROOM CO. INC. FOR REWOUND
MAIN AND GUTTER SWEEPER BROOMS, TO BE UTILIZED BY THE PUBLIC
5 SERVICES DEPARTMENT, FLEET DIVISION.
g BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. The City Manager of the City of San Bernardino is hereby
9 authorized to execute on behalf of said City an Agreement between the City of San
10 Bernardino and American Rotary Broom Co. Inc., which is attached hereto, marked
11 Exhibit "A" and incorporated herein by reference as fully as though set forth at length.
12 SECTION 2. This purchase is exempt from the formal contract procedures of
13
%°"' Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
~ 14
Code "Purchases approved by the Mayor and Common Council".
15
16 SECTION 3. That American Rotary Broom Co. Inc. provides rewound main and
17 gutter sweeper brooms to be utilized by the Public Services Department Fleet Division.
18 Pursuant to this determination, the Purchasing Manager is hereby authorized to
19 issue an increase of $10,100 to the annual purchase order, to said American Rotary
20 Broom Co. Inc., for a total amount not to exceed $35,000 beginning in Fiscal Year
21
2007/2008.
22
~ SECTION 4. The Purchase Order shall reference this Resolution No. 2008-,
~ and shall read, "American Rotary Broom Co. Inc, for rewound main and gutter
2,5, sweeper brooms, P.O. not to exceed $35,000.00" and shall incorporate the terms and
-- 26 conditions of the Agreement.
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28 /Uo, 3 7
March 31, 2008
~{~7-og
°'°" RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 INCREASE TO AN ANNUAL PURCHASE ORDER, WITH THREE SINGLE YEAR
RENEWAL OPTIONS, TO AMERICAN ROTARY BROOM CO. INC. FOR REWOUND
3 MAIN AND GUTTER SWEEPER BROOMS, TO BE UTILIZED BY THE PUBLIC
SERVICES DEPARTMENT, FLEET DIVISION.
4
5 SECTION 5. The authorization to execute the above referenced Purchase
g Order and agreement is rescinded if not issued within sixty (60) days of the passage of
7 this resolution.
8 111
9 111
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111
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12 111
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March 31, 2008
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CfTY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
INCREASE TO AN ANNUAL PURCHASE ORDER, WITH THREE SINGLE YEAR
3 RENEWAL OPTIONS, TO AMERICAN ROTARY BROOM CO. INC. FOR REWOUND
4 MAIN AND GUTTER SWEEPER BROOMS, TO BE UTILIZED BY THE PUBLIC
SERVICES DEPARTMENT, FLEET DIVISION.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
6
Mayor and Common Council of the City of San Bemardino at a
7
f3 meeting thereof, held on the day of 2008, by the
9 following vote, to wit:
10 Council Members: AYES NAYS ABSTAIN ABSENT
11 ESTRADA
12 BAXTER
,r,~ 13 BRINKER
~..- 14
DERRY
15
16 KELLEY
17 JOHNSON
18 MCCAMMACK
19
20 Rachel G. Clark, City Clerk
2] The foregoing resolution is hereby approved this day of
2008.
22
~ Patrick J. Morris, Mayor
~ City of San Bemardino
~r Ap roved as to form:
,.-_ 26
~,, 27 es F. Penman
ty Attorney
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March 31, 2008
t^"' 1 VENDOR SERVICE AGREEMENT
~ 2 This Vendor Service Agreement is entered into this 7's day of April 2008, by and
3 between American Rotary Broom Co. Inc. ("VENDOR") and the City of San Bemazdino
4 ("CITY" or "San Bernazdino").
5 WITNESSETH:
6
WHEREAS, the Mayor and Common Council has determined that it is advantageous
7
8 and in the best interest of the CITY to contract for rewound main and gutter sweeper brooms
9 to be utilized by the Public Services Department, Fleet Division;
10 NOW, THEREFORE, the parties hereto agree as follows:
11 1. SCOPE OF SERVICES.
12 a. For the remuneration stipulated, San Bernardino hereby engages the services of
13
,,.. VENDOR to provide rewound main and gutter sweeper brooms.
~,.. 14
2. COMPENSATION AND EXPENSES.
15
16 b. For the services delineated above, the CITY, upon presentation of an invoice, shall
17 pay the VENDOR, up to the amount of $10,100.00 for rewound main and gutter
18 sweeper brooms for the initial term and up to $35,000.00 for each additional term as
19 set forth in pazagraph 3.
20 c. No other expenditures made by VENDOR shall be reimbursed by CITY.
21
3. TERM.
22
~ The term of this Agreement shall be an initial term of April 7, 2008 through June 30,
~ 2008, with three (3) one-yeaz extensions at the City's option. Option yeaz one, if exercised,
~ shall be effective July 1, 2008 through June 30, 2009. Option yeaz two, if exercised, shall be
_ 26 effective July 1, 2009 through June 30, 2010. Option yeaz three, if exercised, shall be effective
27
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Exhibit "A"
~- 1 July 1, 2010 through June 30, 2011. Actual option year pricing shall be negotiated with the
~ 2 VENDOR prior to exercising any given option yeaz.
$ This Agreement may be terminated at any time by thirty (30) days' written notice by
4 either party. The terms of this Agreement shall remain in force unless mutually amended. The
5 duration of this Agreement may be extended with the written consent of both parties.
6
4. INDEMNII'1'.
7
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
8
9 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
10 CITY's negligent acts or omissions arising from the CITY's performance of its obligations
11 under the Agreement.
12 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
r^ 13 volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
14
VENDOR'S negligent acts or omissions arising from the VENDOR'S performance of its
15
16 obligations under the agreement.
17 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
1g claim, action, loss, or damage which results from their respective obligations under the
19 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
20 compazative fault.
21
5. INSURANCE.
22
While not restricting or limiting the foregoing, during the term of this Agreement,
23
~ VENDOR shall maintain in effect policies of comprehensive public, general and automobile
~r liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory-
26 worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk
~`"'' 27 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
28
Exhibit "A"
1 additional named insured in each policy of insurance provided hereunder. The Certificate of
.Z Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
3 termination in the policy.
4 6. NON-DISCRIMINATION.
5 In the performance of this Agreement and in the hiring and recruitment of employees,
6
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
7
discrimination in employment of persons because of their race, religion, color, national origin,
8
9 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
10 sexual orientation, or any other status protected by law, except as permitted pursuant to Section
11 12940 of the California Government Code.
12 7. INDEPENDENT CONTRACTOR
x~^- 13 VENDOR shall perform work tasks provided by this Agreement,.but for all intents and
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purposes VENDOR shall be an independent contractor and not an agent or employee of the
15
16 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
17 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
1$ Compensation, and other payroll deductions for VENDOR and its officers, agents, and
19 employees, and all business licenses, if any aze required, in connection with the services to be
20 performed hereunder.
21 8 BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
22
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
23
~ certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
~r qualifications, insurance and approval of whatever nature that are legally required of VENDOR.
~.,, 26 to practice its business or profession.
27
28
Exhibit "A"
1
2 9. NOTICES.
3 Any notices to be given pursuant to this Agreement shall be deposited with the United
4 States Postal Service, postage prepaid and addressed as follows:
5
6
TO THE CITY: Public Services Director
~ 300 North "D" Street
San Bernazdino, CA 92418
8 Telephone: (909)384-5140
9 TO THE VENDOR: American Rotary Broom Company Inc.
10 564 N. Tulip Street
Escondido, CA 92025-2533
11 Telephone: (760) 747-1506
Attn: Clayton Trejo
12
13 10. ATTORNEYS' FEES.
1~, 14 In the event that litigation is brought by any party in connection with this Agreement,
15 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
16 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
17 its rights or remedies hereunder or the enforcement of any of the terms, conditions or
18
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
19
20 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
21 fees" for the purposes of this pazagraph.
22 11. ASSIGNMENT.
~ VENDOR shall not voluntazily or by operation of law assign, transfer, sublet or
~ encumber all or any part of the VENDOR'S interest in this Agreement without CITY'S prior
25
written consent. Any attempted assigmnent, transfer, subletting or encumbrance shall be void
26
,~ 27 and shall constitute a breach of this Agreement and cause for the termination of this
28
Exhibit "A"
'' 1 Agreement. Regazdless of CITY's consent, no subletting or assignment shall release VENDOR
'`•.. 2 of VENDOR'S obligation to perform all other obligations to be performed by VENDOR
3 hereunder for the term of this Agreement.
4 12. VENUE.
5 The parties hereto agree that all actions or proceedings arising in connection with this
6
Agreement shall be tried and litigated either in the State courts located in the County of San
7
$ Bernazdino, State of California or the U.S. District Court for the Central District of California,
9 Riverside Division. The aforementioned choice of venue is intended by the parties to be
10 mandatory and not permissive in nature.
11 13. GOVERNING LAW.
12 This Agreement shall be governed by the laws of the State of California.
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13 14. SUCCESSORS AND ASSIGNS.
~.,.., 14
This Agreement shall be binding on and inure to the benefit of the parties to this
15
16 Agreement and their respective heirs, representatives, successors, and assigns.
17 15. HEADINGS.
1$ The subject headings of the sections of this Agreement aze included for the purposes of
19 convenience only and shall not affect the construction or the interpretation of any of its
20 provisions.
21
16. ENTIRE AGREEMENT; MODIFICATION.
22
~ This Agreement constitutes the entire agreement and the understanding between the
24 parties, and supercedes any prior agreements and understandings relating to the subject manner
~r of this Agreement. This Agreement may be modified or amended only by a written instrument
26 executed by all parties to this Agreement.
27 ///
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Exhibit "A"
~ -^ 1 VENDOR SERVICE AGREEMENT
~..r AMERICAN ROTARY BROOM COMPANY INC.
2
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
3
and date set forth below.
4
5 Dated: , 2008 VENDOR
6 By.
7 Its:
8 Dated , 2008 CITY OF SAN BERNARDINO
9 By:
10 Fred Wilson, City Manager
11
12 Approved as to Form:
13
14 BY~
James F. Penman, City Attorney
15
16
17
18
19
20
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23
24
25
26
27
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Exhibit "A"
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 7`s day of April 2008, by and
3 between American Rotary Broom Co. Inc. ("VENDOR") and the City of San Bemazdino
4 ("CITY" or "San Bernazdino").
5 WITNESSETH:
6
WHEREAS, the Mayor and Common Council has determined that it is advantageous
7
and in the best interest of the CITY to contract for rewound main and gutter sweeper brooms
8
9 to be utilized by the Public Services Department, Fleet Division;
10 NOW, THEREFORE, the pazties hereto agree as follows:
11 1. SCOPE OF SERVICES.
12 a. For the remuneration stipulated, San Bernardino hereby engages the services of
13 VENDOR to provide rewound main and gutter sweeper brooms.
~, 14
2. COMPENSATION AND EXPENSES.
15
16 b. For the services delineated above, the CITY, upon presentation of an invoice, shall
17 pay the VENDOR, up to the amount of $10,100.00 for rewound main and gutter
1g sweeper brooms for the initial term and up to $35,000.00 for each additional term as
19 set forth in paragraph 3.
20 c. No other expenditures made by VENDOR shall be reimbursed by CITY.
21
3. TERM.
22
The term of this Agreement shall be an initial term of April 7, 2008 through June 30,
23
~ 2008, with three (3) one-yeaz extensions at the City's option. Option year one, if exercised,
~r shall be effective July 1, 2008 through June 30, 2009. Option yeaz two, if exercised, shall be
26 effective July 1, 2009 through June 30, 2010. Option year three, if exercised, shall be effective
27
28
1 July 1, 2010 through June 30, 2011. Actual option yeaz pricing shall be negotiated with the
'1 VENDOR prior to exercising any given option yeaz.
3 This Agreement may be terminated at any time by thirty (30) days' written notice by
4 either party. The terms of this Agreement shall remain in force unless mutually amended. The
5
duration of this Agreement may be extended with the written consent of both parties.
6
4. INDEMNITY.
7
8 CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
9 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
10 CITY's negligent acts or omissions arising from the CITY's performance of its obligations
11 under the Agreement.
12 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
13
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
14
15 VENDOR'S negligent acts or omissions aiising from the VENDOR'S performance of its
16 obligations under the agreement.
1'] In the event the CITY and/or the VENDOR is found to be compazatively at fault for any
18 claim, action, loss, or damage which results from their respective, obligations under the
19 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
20
compazative fault.
21
5. INSURANCE.
22
~ While not restricting or limiting the foregoing, during the term of this Agreement,
24 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
25 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory.
26 worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk
27 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
28
1 additional named insured in each policy of insurance provided hereunder. The Certificate of
2 Insurance famished to the CITY shall require the insurer to notify CITY of any change or
3 termination in the policy.
4 6. NON-DISCRIMINATION.
5 In the performance of this Agreement and in the hiring and recruitment of employees,
6
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
7
8 discrimination in employment of persons because of their race, religion, color, national origin,
9 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
10 sexual orientation, or any other status protected by law, except as permitted pursuant to Section
11 12940 of the California Government Code.
12 ~, INDEPENDENT CONTRACTOR.
13 VENDOR shall perform work tasks provided by this Agreement,but for all intents and
~,~,,,. 14
purposes VENDOR shall be an independent contractor and not an agent or employee of the
15
16 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
17 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
1$ Compensation, and other payroll deductions for VENDOR and its officers, agents, and
19 employees, and all business licenses, if any aze required, in connection with the services to be
20 performed hereunder.
21
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
22
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
23
~ certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
~r qualifications, insurance and approval of whatever nature that aze legally required of VENDOR
26 to practice its business or profession.
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r
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1
2 9. NOTICES.
3 Any notices to be given pursuant to this Agreement shall be deposited with the United
4 States Postal Service, postage prepaid and addressed as follows:
5
6
TO THE CITY: Public Services Director
7 300 North "D" Street
San Bernazdino, CA 92418
8 Telephone: (909) 384-5140
9 TO THE VENDOR: American Rotary Broom Company Inc.
10 564 N. Tulip Street
Escondido, CA 92025-2533
11 Telephone: (760) 747-1506
12 Attn: Clayton Trejo
13 10. ATTORNEYS' FEES.
lam, 14 In the event that litigation is brought by any party in connection with this Agreement,
15 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
16 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
17
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
18
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
19
20 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
21 fees" for the purposes of this pazagraph.
22 11. ASSIGNMENT.
~ VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
24 encumber all or any part of the VENDOR'S interest in this Agreement without CITY'S prior
25
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
26
!'~ and shall constitute a breach of this Agreement and cause for the termination of this
~,.- 27
28
1 Agreement. Regazdless of CITY's consent, no subletting or assignment shall release VENDOR
2 of VENDOR'c obligation to perform all other obligations to be performed by VENDOR
$ hereunder for the term of this Agreement.
4 12. VENUE.
5 The parties hereto agree that all actions or proceedings arising in connection with this
6
Agreement shall be tried and litigated either in the State courts located in the County of San
7
8 Bernazdino, State of California or the U.S. District Court for the Central District of California,
9 Riverside Division. The aforementioned choice of venue is intended by the parties to be
10 mandatory and not permissive in nature.
11 13. GOVERNING LAW.
12 This Agreement shall be governed by the laws of the State of California,
~-,. 13 14. SUCCESSORS AND ASSIGNS.
14
This Agreement shall be binding on and inure to the benefit of the parties to this
15
16 Agreement and their respective heirs, representatives, successors, and assigns.
17 15. HEADINGS.
1$ The subject headings of the sections of this Agreement are included for the purposes of
19 convenience only and shall not affect the construction or the interpretation of any of its
20 provisions.
21
16. ENTIRE AGREEMENT; MODIFICATION.
22
This Agreement constitutes the entire agreement and the understanding between the
23
~ parties, and supercedes any prior agreements and understandings relating to the subject manner
.fir of this Agreement. This Agreement may be modified or amended only by a written instrument -
26 executed by all parties to this Agreement,
27 ///
28
1 VENDOR SERVICE AGREEMENT
~, AMERICAN ROTARY BROOM COMPANY INC.
2
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
3
and date set forth below.
4
5 Dated: , 2008 VENDOR
6 By:
7 Its:
8 Dated , 2008 CITY OF SAN BERNARDINO
9 By:
10 Fred Wilson, City Manager
11
Approved as to Form:
12
13
t.,., 14 By~
es F. Penman, City Attorney
15
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