HomeMy WebLinkAbout2008-332
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RESOLUTION NO. 2008-332
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $34,000 WITH THREE
(3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF
SAN BERNARDINO AND SOUTH BAY FOUNDRY, INC. FOR THE PURCHASE OF
SEWER MANHOLE LIDS AND COLLARS.
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9 purchase of sewer manhole lids and collars,
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That South Bay Foundry, Inc submitted the lowest quote for the
SECTION 2. That the City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
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12 Bernardino and South Bay Foundry, Inc" a copy of which is attached hereto, marked
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Exhibit "A" and incorporated herein by reference as fully as though set forth at length,
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SECTION 3. This purchase is exempt from the formal contract procedures of
16 Section 3,04,010 of the Municipal Code, pursuant to Section 3,04,010, B,3 of said
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Code, "Purchases approved by the Mayor and Common Council',
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2008-332
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $34,000 WITH THREE
(3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF
SAN BERNARDINO AND SOUTH BAY FOUNDRY, INCORPORATED FOR THE
PURCHASE OF SEWER MANHOLE LIDS AND COLLARS.
SECTION 4. That pursuant to this determination the Director of Finance or
hislher designee is hereby authorized to issue a Purchase Order to South Bay
Foundry, Incorporated in the amount of $34,000, The Purchase Order shall reference
9 this Resolution No, and shall read, "South Bay Foundry, Inc, for the purchase
10 of sewer manhole lids and collars, not to exceed $34,000" and shall incorporate the
terms and conditions of this Resolution,
SECTION 5. The authorization to execute the above referenced Purchase
Resolution,
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2008-332
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $34,000 WITH THREE
(3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF
SAN BERNARDINO AND SOUTH BAY FOUNDRY, INC. FOR THE PURCHASE OF
SEWER MANHOLE LIDS AND COLLARS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a joint regular
meeting thereof, held on the 18th day of August
, 2008, by the
following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
DERRY x
KELLEY x
JOHNSON x
x
MCCAMMACK
bP/J..tIJ4L-!:J ' (V~
1-~~~'e~~~
The foregoing resolution is hereby approved this C::<o~ day of
August , 2008,
Appro ved as to form:
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es F, Penman
y Attorney
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 18th day of August
2008, by and between South Bay Foundry, Incorporated ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino"),
WITNESSETH:
WHEREAS, the Mayor and Common Council have determined that it is in the best
interest of the CITY to contract for the purchase of sewer manhole lids and collars; and
WHEREAS, the City of San Bernardino has determined that vendor possesses the
professional skills and ability to provide said services for the City;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the
services of VENDOR to provide those products and services as set forth in its proposal dated
July 18, 2008, attached hereto, marked Attachment "1" and incorporated herein by this
reference as fully as though set forth at length,
2. COMPENSATION AND EXPENSES.
a, For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $34,000 to provide and perform those
products and services described in Section 1 above,
b, No other expenditures made by VENDOR shall be reimbursed by CITY.
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Exhibit "A"
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3. TERM.
The term of this agreement shall be from August 18,2008 through June 30, 2009, with
three (3) one-year extensions at the City's option, Option year one, if exercised, shall be
effective July 1, 2009 through June 30, 2010, Option year two, if exercised, shall be effective
July 1, 2010 through June 30, 2011. Option year three, if exercised, shall be effective July 1,
2011 through June 30, 2012, Each option shall be exercised by written agreement of the parties
executed on or before expiration of the current term,
This Agreement may be terminated at any time by thirty (30) days prior written notice
by either party, The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before date of expiration of current term of the
agreement.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based on
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives, As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions, Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
Exhibit "A"
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respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000,00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy,
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code,
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
Exhibit "A"
1 employees, and all business license, if any are required, in connection with the services to be
2 performed hereunder.
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BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
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qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession,
NOTICES.
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Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
South Bay Foundry Incorporated
895 S, Inland Center Dr,
San Bernardino, CA 92408
Telephone: (909) 888-3334
Contact: Staci Schulenburg
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof, The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph,
Exhibit "A"
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11. ASSIGNMENT.
VENDOR shall not voluntarily 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
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement, Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U,S, District Court for the Central District of California,
Riverside Division, The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature,
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California,
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns,
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
prOVISIOns,
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Exhibit "A"
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16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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Exhibit "A"
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VENDOR SERVICE AGREEMENT
SOUTH BAY FOUNDRY, INC.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below,
,2008
VENDOR.
Dated:
By:
Its:
Dated
,2008
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Approved as to Form:
By:
James F, Penman, City Attorney
Exhibit "A"
,'JUL-21-~iOl IS:02P11 FlOl1-SOUTH BAY FOIIlOl'l ATTACHMENT "1" 1..11-15&-2711
ToOll P .0011001 F-5II, .
SOUTH BAY FOUNDRY
, San Beroanlino Distribution Yard
81'S South Inland Center
San BemanIino, CA 92408
Tel: (909) 383-1823
Fax (909) 888-62fi6
Date:
Bid Date:
Quote By:
1 /2%/Of
~
Order P.O. No.
CUS1OMI!Il: ~-<-Iot In-./ ~.3 ~ ':;-'~
PHONE: FAX: ..!iJj iff: 1..M::f/---
JOB NAME:
LOCATION:
ITEM NO QTY.
I,q;n
DESCRIPTION
17A1 R ~ 'I M :- If 'r". A ""
.JJ.f..J ... a _ ~ . /0' oJ . ~
.... ~ -~~ 71 ~-;,{ .
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PRICE
-.. IN 7!J1
',....-
, 1----
ADD SALES TAX U' APPLICABLE.
ORDERS ARE C.O'>>' OR PRE-APPROVED CREDIT.
QUAN IntIS ON BID ITEMS AIlE FOR BID PURPOSES ONLy AND SHOULD BE
, "ERlFlED BEFORE MATERIAL IS ORDERED.
~- .k"'1-- :rn
DELIVERY: WILL CALL JOB SITE (address)
NOTEISPEClAL INSTRUCTIONS:
tAf- ~--
992-~ 10Qll00'd Ilt-l
19UIII8811
ftIQ~ A" H!OO$-lllll~ Ilol11'10 1I02-l2-'lIIr
2008-332
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 18th day of August
2008, by and between South Bay Foundry, Incorporated ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino"),
WITNESSETH:
WHEREAS, the Mayor and Common Council have determined that it is in the best
interest of the CITY to contract for the purchase of sewer manhole lids and collars; and
WHEREAS, the City of San Bernardino has determined that vendor possesses the
professional skills and ability to provide said services for the City;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the
services of VENDOR to provide those products and services as set forth in its proposal dated
July 18, 2008, attached hereto, marked Attachment "1" and incorporated herein by this
reference as fully as though set forth at length,
2. COMPENSATION AND EXPENSES.
a, For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $34,000 to provide and perform those
products and services described in Section 1 above,
b, No other expenditures made by VENDOR shall be reimbursed by CITY.
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2008-332
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3. TERM.
The term of this agreement shall be from August 18,2008 through June 30, 2009, with
three (3) one-year extensions at the City's option, Option year one, if exercised, shall be
effective July 1, 2009 through June 30, 2010, Option year two, if exercised, shall be effective
July 1, 2010 through June 30, 2011. Option year three, if exercised, shall be effective July 1,
2011 through June 30, 2012, Each option shall be exercised by written agreement of the parties
executed on or before expiration of the current term,
This Agreement may be terminated at any time by thirty (30) days prior written notice
by either party, The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before date of expiration of current term of the
agreement.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based on
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives, As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions, Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
2008-332
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respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000,00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy,
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code,
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
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2008-332
employees, and all business license, if any are required, in connection with the services to be
performed hereunder,
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession,
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
South Bay Foundry Incorporated
895 S, Inland Center Dr.
San Bernardino, CA 92408
Telephone: (909) 888-3334
Contact: Staci Schulenburg
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof, The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph,
2008-332
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11. ASSIGNMENT.
VENDOR shall not voluntarily 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
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term ofthis Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U,S, District Court for the Central District of California,
Riverside Division, The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature,
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns,
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions,
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16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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2008-332
VENDOR SERVICE AGREEMENT
SOUTH BAY FOUNDRY, INC.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below,
Dated: ~llf
,2008
Dated / .,.zo , 2008
By:
F
Approved as to Form:
JUL-Za-ZUOl 83:0ZPII FROIf-SOUTH BAY FOlJlDRY ATTACHMENT "1" 1-1\H56-Z788
T-D18 P,oollOOl F-508
, ,
SOUTH BAY FOUNDRY 1 /1%/Of
, San Bemardino Distribution Yard Date:
8'S South Inland Center Bid Date: ~
San Bemardino, CA 92408
Tel: (909) J83.1W .
Quote By:
Fax (90') 888-6U6
Order P.O. No.
CUSTOMER: (I~o--t' /H-,./ ~~~~
~/3~__;
PHONE: FAX:
JOB NAME:
LOCATION:
ITEM NO QTY. DESCRIPTION PRICE
I~O 11 AI II. l.f M _ n ~~ rJ/' ' . /JT tt1fI
- g .. ~ . 6 J ,I. ..l .
.~ ~.~ n ..A-.
, J.,.." ~ 6~ .If7r ~ ;'. "
-. , ,
-
."
- --'
"
. ---
".
.
'--
~._.
.....
ADD SALES TAX IF APPLiCABLE.
ORDERS ARE C.O.D. OR PRE-APPROVED CREDIT.
QUAN lUtES ON BID ITEMS ARE FOR BID PURPOSES ONLY AND SHOULD BE
-'ERIFIED BEFORE MATERIAL IS ORDERED. r
' ~ ~ ~
.- :L- ,
DELIVERY: WILL CALL JOB SITE (address)
NOTEISPECIAL INSTRUc'nONS:
glZ~ IOQllOO'd El.-!
gllllnaOIl
AIOII~ Aft H!IlOS-llRl~ lid IE: lD IDDZ-R- mr