HomeMy WebLinkAbout2009-130
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RESOLUTION NO. 2009-130
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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 $56,900 TO ALL
AMERICAN TRUCK & AUTO BODY IN ORDER TO REPAIR REFUSE UNIT 07176.
WHEREAS, All American Truck & Auto Body submitted the lowest quote for the
repairs of refuse unit 07176.
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authorized to execute on behalf of said City an Agreement between the City of San
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby
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15 Section 3.04.010 of the Municipal Code, pursuant to Section 3,04.070 I of said Code
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Bernardino and All American Truck & Auto Body, a copy of which is attached hereto,
marked as Exhibit "A", and incorporated herein by this reference as fully set forth at
length.
SECTION 2. This purchase is exempt frorn the formal contract procedures of
"Formal Contract Procedure-Negotiated Purchases".
SECTION 3. That pursuant to this determination the Director of Finance or her
19 designee is hereby authorized to issue a Purchase Order to All American Truck & Auto
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Body in the amount of $56,900,
SECTION 4. The Purchase Order shall reference this Resolution Number and
shall read, "All American Truck & Auto Body in order to repair refuse unit 07176 in the
amount of $56,900" and shqll incorporate the terms and conditions of the agreement.
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SECTION 5, The authorization to execute the above referenced Purchase
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Order and Agreement is rescinded if it is not executed within sixty (60) days of the
passage of this resolution.
2009-130
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 $56,900 TO ALL
AMERICAN TRUCK & AUTO BODY IN ORDER TO REPAIR REFUSE UNIT 07176.
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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
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
x
BAXTER
BRINKER x
SHORETT x
KELLEY x
JOHNSON x
MCCAMMACK x
meeting thereof, held on the 1st
following vote, to wit:
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The foregoing resolution
June , 2009.
By:
1,
ames F. Penman
ity Attorney
day of June
, 2009, by the
~h_~
Rachel G. Clark, City Clerk
is hereby approved this OJ.,
day of
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Pa ickJ. MO~Yor
City of San Bernardino
2009-130
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 1st day of June 2009, by and
between All American Truck & Auto Body ("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 ofthe CITY to contract for the repairs of refuse unit 07176; 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 quote dated
January 13, 2009, attached hereto, marked Attachment "I" and incorporated herein by this
reference as fully as though set forth at length. All American Truck & Auto Body submitted
the lowest quote, including a ninety (90) day warranty on all labor/workmanship and one year
on all new parts installed.
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 $56,900 to provide and perform those
products and services described in Section I above.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
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EXHIBIT "A"
2009-130
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3. TERM.
The term of this agreement shaH be for a period of one (1) year from June I, 2009 to
June 1,2010.
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 the 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 or
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
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.
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EXHIBIT "A"
2009-130
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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. Insurer shall give CITY 30 days notice prior to enactment and any
change or termination of 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 ofthe 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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EXHIBIT" A"
2009-130
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employees, and all business licenses, if any are required, in connection with the services to be
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.
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:
All American Truck & Auto Body
10429 Sultana Ave.
Fontana, CA 92337
Telephone: (909) 598-2706
Contact: Mike Kennedy
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
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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.
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EXHIBIT "A"
2009-130
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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"
2009-130
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VENDOR SERVICE AGREEMENT
ALL AMERICAN TRUCK & AUTO BODY
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.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
,2009
VENDOR
~:. "If:~m~
Dated~, 2009
EXHIBIT "A"
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2009-130
ATTACHMENT "1"
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All Ameriean Truek
10429 SI1i1lmaAve,P.0.Box3997
FOIUaDa. CA, 92334
Tel: 909-4211-3410 /341 I Fax: 909-428-8132
timmOJ1tes@yahoo.com
Estinurtl - Prelilllitrary
Estimate Prepared by: Tim Montes
A<<:ideat Date;
Dale of Loss;
Atrlval Date:
Type of Loss:
Policy Number:
Claim Number:
Appraised for: City Of San Bernardino
Paul
,Date; 1/1312009
EstJmate#:
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Appraised for;
CQD\PIII1Y: City Of San Bernardino
COD.tact: Pall!
Address: 182 S Sierra Wy
City, Slate, Zip Code: Ill!! ~et'IllIrd!!lo, CA \1"-408
Telephone, FlIX; 909.384.$224,909-384-7238
Year MaokJl Model Color Trim
2006 AUTOCAR WX
Unit Number Lieeose Plate II Mileage SerlallllVlNlI
7176 205090
Sup Seq Labor Labor Deseription Part Part Number Dollar Labor
Type Op Type Amount (Jnits
Body RemlRep Cab Assy (Remove & New $38,000.00 T 22.0-
Rep!lwe Cab Assy
Complete);
:2 R&1 Body Controls, Lites, .
Back Up Camem Monitor,
Scale Display & Electrical
Units
3 .R&I Methane Gas Detection *
System
4 Body RemI.Il.ep Cab Mount Bracket R New $135.74 T 3.0-
5 Body R.olm!Rep Cab Hinge, Front L New $794.00 T .
6 Body Rem!Rep Gawd, Front Cab New $400.00 T !.S*
7 Body Rem/Rep Grille Auy New $847.00 T 1.0-
8 Body RelnlRep Mount, Air Filter New $294.00 T 1.5*
9 Body RemIRep Body Canopy New $1,290.00 T 8.0*
10 Body Repair Front BUlDper Assy Exist 4.0*
11 Body R.emIRep R.adiator Assy New $3,738.00 T 4.0-
12 Body RemlRep Charge Air Cooler New $1,496.00 T 1.0*
13 Body RamIRep Red>arge A-C New !.S*
Ver$ion 2.0
Database Edition PHT 011-04
Trucl<Est is a 1'rademari< ofMitcbeII lotemationaI
C'l1998-2009 Mm:bell JnteroalionaI, Inc.
AIl Rights Reserved.
Pa&e I of 2
EBllB 39t1d
LBlI>BB'3I>ILI
IE:lI 6BBl/El/lB
Sup Seq Labor Labor Deseription Part
Type Op Type
14 Body RemlRep Air Cleaner Seperator New
15 Body ChlcIAdj lnspecI Frame ...Open Item Exist
For IDopocti""
16 Body RIlf Pllint Repairs Exist
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18 Paint Materials
19 Shop Materials
20 Hazardous Waste
* . Judgement Item
# - Labor Note Applies
Labor
Body 55.5 HN @ $75.00
Labor Total
$4,162.50
$4,162.50
2009-130
PartNlUDber
Parts
Parts Subtotal
Leos Adjustments
Parts Total
Additional Costs and Operations
AddJ. eostslOps Total
Tax
Dollar Labor
Amount Units
$916.00 T Z.O'
1.0'"
5.0-
.
$165.00 T .
$320.00 T .
$20.00 .
$47,910.74
Parts Tax @
AddL Costs Tal< @
TfIl( Total
Totals
Sub Total:
Customer Resp.
Net Total
$47,910.74
$505.00
7.75%
7.75%
$3,713.08
$37.59
$3,750.67
$56,328.91
$0.00
$56,328.91
The above is an estimate based on our inspection and does not cover any additional parts or labor which may be required after lite work
has slaned. OCC;asjonally. wom or damayed parts are OISCOItorad whicl1 may not be evident on the first inspection. Because of this. the
above prices are not gUalWltee<!. Quotations on parts and labor are current and subject to cI1ange.
Thill is a preliminlJry estimate. Additional changes to the estimate may be required/or the acl1llll repair.
TruckEst does not QUtomalwally Include items required I1y many business repair partners. This applwatiofl allows
the Q1I/hor to manually enter line items such os overlap deductions.
2006 AUTOCAR wx.
Version 2.0
Database Edition PHT 08-04
'I"ruckESI is a Tl'lIdemlIrk of Mitchell Int.,r'''I1;nn.l
01995.2009 Mitcbell JntemationaI. Inc.
An Rights Reserved.
E9/E9 39'v'd
L91:1>9891>lL1
Page 2 of 2
1E:1:1 &991:/E1/19
Jao.12. 2009 2:20PM
2009-130
No.1390 p. 2
-=ifD II/ERliiIFlED ;;:;
'FRUCH. /CENTER
3777 DeForest Cirde - Mira Lama, CA !/1152
"1~. IIa 9Sl4S-27l18
ESTIMATE OF REPAIRS
Cust Name: City at San Bemoo;diDo Co.: Date: 1/1212009
182 S. Sieaa Way AppIlIisa:
San Beroardino Ca. 92408 Pbooe .:
CoDIa<;t Paul F",,#:
}'h!I: 909-384-5220
F""': 909-384-7238 Policy N:
Y<ar. 2007 Dale ofL0s3;
Malee: Autoc8r Twe ofL0s3:
Mlldel.: Front Loader : Note: _ eslimate- l'Ie1de discard .._ cia....
SCI:ial N: 5VCHCGRE67H205090 l/.Zf.lOO9.
Mika&e: E........"" prcdlJdion tiUIe IN oab is 12 weeks.
#: CollIp\etion time for total project is one to two weeks from
Unit #: (J7176 rceientofall1 -.
H Ro- 1<<>- Deectiption PlllIs Body Paint Frmnel Sublet
nl..... mi, ofl..8bct or MiitCiiaI ~.. Lal>oo' JlMch. Lbr.
I " Cab Nolo; cab In b. tndlt D<Tv;" /I and ~,935.29 12.0
2 wi/llH "(,dill drus<<J" j '" rat>ftoD A.c.
3 " Grill .......w1Y 5537.10 1.0
4 x Cab intericiOCilimt fan $119.91 0.5
5 " lI8IIIlfa: iJl.aIb bodv ccotn>b, ..:eIe dimlav, strobe li'" 16.0
6 radio ClIIDOIB, mOl1lw and M<tbaD.e !)election SVst..n.
7 x I Ai1'(:IeaJIIlr $555.36 2.0
8 x h'loht/sids cab mllUllt stand I bnckel 5280.00 3.0
9 x IAn air filtermllUllt <<lIIl~' $354.96 1.5
10 x S Fmmc as needed and All... ftout t:Dd 10.0
11 x Froot cabm..m $1.510.28 1.5
12 x r.eftftwtcab . $897.57 illc
13 x IFrODt- $506.82 1.0
14 x A~_ 1.5
15 x R.efuse $1 790.48 3.0 5.0
16 x 53,739.72 4.0
17 x IRn"",,, Chano.: Air Cooler 51,557.9Z 1.0
18 Mise .....n DaIU and SUDDIies $350.00
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rrYTALS $49,135.41 48.0 5.0 10.0 $0.00
'l1dt ..timatel. bued OD oar illSpedlOD m4 docs Dot cover lIIIY
_pi pouts or .......rllfbkh IIUI)' be nquiretl ofter....orkh.. -
..,........ Oa:uioady ldW' dJ.e....rk has .W1ed, h- 3'~ 0..
b_ paria"" diIoocwere<I whidl. are not _t OD tile lint
Illspectioo. -..orw., tile prices hereill are not ~
E" prepared by:
DuePiIlrcik
Page 1 ofl
iBcdv Labor 571.00 X 48.0 $3.408.00
P8miLabor 571.00 X 5.0 $355.00
Framd McoII. L8bor 596.00 X 10.0 5960.00
Sublet $0.00
Parts $49 135.41
~Malc:ria1o $35.00 X 5.0 $175.00
8% of $4,368.00 5349.44
lax 1.75% of S49,65,..S $3,843.64
F..n....m. Total 558231.49
lowm.. &. Amazwe
Deductible
. . OIl
Net Esti- Toral $58.23 1.49
R. R Oesc or 0'_ .... ..- P-'" ,""",In .....~
,. X COMPLETE ~CAB ASsY W/INTERlOR DASH l'AflEL DOORS I S 36:760.00 1"4.0 21,0
2. HARNESS STEERING COLUMN WIPERS - ALL COMPONETS
3. X ROOF MOUNTED AlC UNIT $ 1 536.00 6.0
4. X EVAC & RECHARGE AIC SYSTEM $ 26.00 1.4
5. X FASTENERS & HARDWARE $ 200.00
6. X RADIATOR ASSY $ 4027.39 6.0
7. X ENGINE COOLANT $ 54.88
8. X CHARGE AIR COOLER S 1 677.76 1.3
.. X STRAIGHTEN FRONT BUMPER $ 350.00 2.0
10. X AIR CLEANER MOUNTS & BRACKETS COMPLETE $ 89.04 1.2
11. X FRONT CAB PROTECTOR $ 1891.52 4.0
12. X STRAIGHTEN FRAME & FRONT CROSSMEMBER 14.0
13.
14.
15. X TOP BODY CANOPY - MC NEILUS BODY $ 1 766.36 6.0 8.0
16. SER # 43ROA408425286
17.
18. X COLOR MATCH & BLEND PAINT 1.0
19. X MASK & COVER FOR OVER SPRAY $ 15.00 1.0
20. X HAZARDOUS WASTE DISpOSAL $ 10.00
21.
22.
23. NOTE 14 WEEKS FOR CAB TO BE BUILT PLUS SHIPPING TIME
24.
25.
26.
v.
28.
29.
30.
31.
2009-130
il!fE>
Los Angeles Freightliner
Thomas Built Buses
Western Star
Mitsubishi
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. l-"'--'F". '
I ,',
, ;
~ '2ill
VI
WESTERN STAR TRUCKS'
COLLISION CENTER
1031 E HOLT BlVO., ONTARIO CA 91761
909-510-4117
ESTIMATE OF REPAIRS
Date 12.09.08
OWner
CITY OF SAN BERNARDINO
COMPANY
Address
PHONE
FAX
pac
Appraiser
Make
AUTOCAR
Year 2007
Serial No. 5VCHC6RE67H205090
Unit 07176
Mileage
License No
Engine
Paint No
Old parts removed from trucks will be Junked unless otherwise Instructed in WI1tIng
66.9 tft8 BODY LABCJR8 $15.otIHR
0.0 HItS MECH.UI8Ot;8$1I5.DIItIt
20.0 ... 'PAlMI' LA80R 8 $75.11/ HIt
Parts
Paint Mat
MIsc.
Sublet
S49 305.70 @ 7.75 % Sales Tax
ESTIMATE TOTAL
ADVANCE CHARGES
GRAND TOTAL
TtIe above Is 3r\ estlmate based on out lnspeeUon and does not COWt additional parts
or labol which may be requIred afterttle work has been opened up. Occaslonally after
work has started, wcm or damaged parts are dlscovetecl which are not evident on first:
Inspectbn. Because of this the aboVe prices are not guaranteed.
estimated by
MARK ANDREWS
1/8J2009 CITY OF SAN BEROO # 07176 .xls Page 1 of 3
Page 1 of 2
$5,017.50
$0.00
$1.500.00
$47,853.95
$800.00
$651.75
$350.00
$3,821.19
$59,994.39
$59,994.39
2009-130
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