HomeMy WebLinkAbout38-Parks and Recreation
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AMERICAN YOUTH SOCCER ORGANIZATION
a nonprofit corporation dedicated to youth soccer
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American Youth Soccer Organization
Region 130 - San Bernardino
P.O. Box 2930
San Bernardino, California 92406
City of San Bernardino
The Honorable Mayor and Common Council
Care of: City Administrator
300 North D Street
San Bernardino, California 92418
August 2, 1988
To whom it may concern,
We, the American Youth Soccer Organization - Region 130, would like
help from the City of San Bernardino to alleviate the costs of maintaining
the soccer fields located at, AYSO PARC, 3228 East Pacific Avenue, San
Bernardino, California. We would like the Honorable Mayor and the Common
Council to consider our requests at the next Common Council meeting.
We are a Non-Profit Corporation which is dedicated to teaching soccer
to the youth in the City of San Bernardino. We enroll approximately one
thousand to one thousand five hundred players each year. The majority of
our games are played at AYSO PARC in the Fall and Spring seasons. Our
enrollment has been declining over the past three years due to high
registration costs. The major portion of these costs arise from the
maintenance of the soccer fields.
We would like help from the City of San Bernardino in the following
areas:
1.
We would like the soccer fields mowed by the City of San
Bernardino.
2. We would like the irrigation system on the soccer fields maintained
by the City of San Bernardino.
3. We would like the City of San Bernardino to pay for the water used
to irrigate the soccer fields.
4. We would like the lights on the soccer fields maintained and
repaired by the City of San Bernardino.
5. We would like the City of San Bernardino to pay for the electricity
used by the lights on the soccer fields.
6. We would like to have input into future planing
recreational parks and facilities that are developed by
San Bernardino.
of other
the City of
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If you have any questions,
Thank You,
then please call me at (714)
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Roger I::a;:.- r-
Regional Commissioner
cc; Ms. Annie Ramos, City of San Bernardino Parks and Recreation
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C I T Y 0 F SAN B ERN A R DIN 0
INTEHOFFICE ME MOHAN DUM
8808-216 REC'O.-AOMIN. OFF.
1988 AUG 12 PM 3: 38
FROM:
JAMES ROBBINS, ACTING CITY ADMINISTRATOR
ANNIE F. RAMOS, DIRECTOR OF PARKS, RECREATION AND
COMMUNITY SERVICES
TO:
SUBJECT: AYSO - Request for Maintenance Assistance
DATE:
August 12, 1988
(7!:)30)
COPIES:
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The American Youth Soccer Organization wi I I be approaching
the City for assistance in their maintenance and util ity
needs of their soccer fields.
As a review, six years ago the soccer organization entered
into a facility lease agreement with the San Bernardino City.
Unified School District for the open grounds and shower
faci I ities at the Highland Jr. High school faci I ity. (see
attached)
During its beginning years the soccer organization asked if
they could hire park employees on weekends along with appro-
priate equipment to assist with installation of their irriga-.
tion system needs. Through approval, the request was granted
on a temporary basis.
When the Fair Labor Standards Act was enacted it was inter-
preted that the use of city employees along with city equip-
ment was still an extention of those employees' regular work
assignment with the city.
Therefore, in order to avoid being in violation of the FLSA,
the mowing of the soccer fields was squeezed into the regular
weekly mowing schedule for other park facilities.
Additional new park acreage requiring mowing coupled with a
constant breakdown of equipment has greatly impacted our
abi I ity to mow all the areas in a timely manner.
In order to meet the department mowing needs of the city
facilities, the soccer organization was notified 30 days
prior to July 1, 1988 that the Parks Department would no
longer be able to assist with the mowing of their soccer
fields. They were reminded at that time that the city's
assistance originally was to be only on a temporary basis and
that city park faci I ities would take priority.
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INTEROFFICE MEMORANDUM: 8808-216
AYSO - Request for Maintenance Assistance
August 12, 1988
Page 2
The following is a cost estimate attributed to the soccer
faci I ity:
Mowing
Y!111!1!2:
Water for
Lighting
$ 3,500
Irrigatiofl
15,000
7,885
Total
$26,385
It should be noted that it is not the lIlowing costs that luke
mowing of the soccer fields prohibitive; it is the availabi-
I ity of manpower to accommodate the increased acreage.
To continue to mow the soccer fields under the present
conditions one of the following would occur:
1. Patton South, Speicher Park, Hampshire floodway,
Sterl ing parkway and Aquinas Triangle would not get
mowed.
OR
2. If all areas including the soccer fields are to be
mowed, the mowing turn around time would increase
from 7 days to 11 days at all areas. This would
create a less desireable appearance of the areas
for a longer period of time. The heighth of the
grass would be much taller and a poorer cut by the
7 gang mower would be evident, requiring additional
passes by the rotary mowers. The wear on the
equipment also would be greatly increased as a
result.
In order to continue mowing the soccer
faci I ities, an additional position would
the backup mowers could be used by the
however, when breakdown occurs there
equipment to put in operation.
fields !n~ the park
be required. One of
additional position;
would be no backup
The cost for an additional position with no new equipment is:
P.M.W. III - $35,000
With additional equipment:
P.M.W. III - $35,000
(1) 7 gang mower - 45,000
Total - $80,000
The lighting and irrigation cost?... should remain the.responsi-
b i lit Y 0 f the s 0 c c e r I e a g u e . ,C, The s 0 c c e r I e a 9 u e may II a k e
reference to the little leagl1 s having their faci I ities and
uti I ities taken care of by the city. This is true. However,
it also should be noted that the I ittle leagues are playing
INTEROFFICE MEMORANDUM: 8808-216
AVSO - Request for Maintenance Assistance
August 12, 1988
Page 3
on city owned fields which must be maintained whether little
league, Junior All American, soccer organizations or private
teams utilize the facilities. Several years ago an attempt
was made by this department to propose a chawge to the little
I eagues for the i r light usage, however, strong OppOI i t i on was
demonstrated by the users and subsequently by the Mayor and
Counci I, therefore, the issue was dropped.
One last comment on this issue: the soccer organization
entered into the agreement with the San Bernardino City
unified School District with ful I commitment to aaintain the
faci I ity. That committment was made prior to the soccer
organization ever approaching the city for assistance.
Therefore, it would seem that the soccer organization
believed they could and would do the maintenance with their
own resources when they signed the agreement. I do not
believe it is in the best interest of the city to bailout
organizations for commitments they have previously made. The
costs are significant enough to warrant caution by the city
in providing such support.
If you have any questions on the above please let me know.
~7-1?-
ANNIE F. RAMOS
Director of Parks, Recreation
and Community Services Department
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AMERICAN YOUTH SOCCER ORGANIZATION
a nonprofit corporation dedicated to youth soccer
...... pIGyI.
AYSO REGION 130
BUDGET
1988 FALL SOCCER SEASON
INCOME
Registration fees
Sponsor contributions
Fund raisers
Concession stand
50/50 raffle
Fireworks booth
Dance
Interest
Total Income:
EXPENSES
AYSO Inc. Fees
Fund raiser supplies
Concession stand
SO/50 raffle
Fireworks booth
Dance
Pictures
Trophies
Playing equipment
Uniforms
Coaches training
Referee training & uniforms
Water-fields
Electricity-lights
Irrigation maintenance
Postage
Total Expenses:
Tota I Income
Total Expenses
Net Profit or <Loss>
$34,750.00
7425.00
$4,800.00
1,800.00
18,000.00
3.600.00
28,200.00
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28,20 .00
20 .00
$70,57 .00
$7,000.00
$2,500.00
200.00
12,000.00
3.200.00
17,900.00
17,900.00
3,000.00
2,250.00
2,500.00
13,800.00
500.00
2,225.00
13,800.00
3,060.00
7,200.00
700.00
$71,235.00
$70,575.00
71.235.00
<$860.00>
Dec., 1987
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ORiGI1~AL
II MENDr-IENT NO.3
TO LEASE AGREEMENT
(Highland Jr. High Athletic Fields)
The Lease Agreement between the SAN BERNARDINO CITY L~IFIED SCHOOL
DISTRICT and the AMERICAN YOUTH SOCCER ORGANIZATION. dated December 3,
1982 is hereby amended in the following manner:
1. Exceptions:
Paragraph 2 is hereby amended to read: 'ferm. The term of"
this lease shall be for a period .of five (5) years. commencing
on November 3, 1987 and ending on November 2. 1992. This
lease may be extended for two additional five (5) year periods
for a maximum total of twenty (20) years upon written mutual
agreement of the parties hereto.
Paragraph 3 1s hereby <tmended to read: Right to Terminate.
The District and Less~e reserve the right to terminate this
lease and all rights hereunder, at any time by wr~tten notice
to the other party given at least sixty (60) days prior to
the effective. date of termination; provided. however, that
on any termination of this lease, all improvements on said.
P' ')jlerty installed by Lessee, or its licensees. shall become
the property of the District. The District reserves the right
to terminate use of the locker/shower facility by Lessee with
thirty (30) days written n'otice. The Lessee shall be respons-
i~le for the restora.tion of the property to its original
condition upon termination of the lease. at Lessee's sole cost
and expense, if so requested by District.
Paragraph 6 is hereby amended to read: Use. The property
shall be used solely for recreational purposes by Lessee. its
agents, employees, assigns or permittees. Lessee's activities
shall not interfer in any manner with the operation of normal
school business at the San Andreas and/or the Highland Pacific
sites. It is further hereby agreed that the District shall
have reasonable access to use the said facilities. not to
exr.eed eight (8) hours per month. as stipulated by school site
officials. .
!,~,raiit"apb 7 is hereby amended to read: Location and ownership.
The athletic facilities installed as provided herein shall be
~3intained on the aforedescribed Highland Jr. High School
grounds and shall at all times be and r~main the property of
the District, subject 10 Lessee's right to use the facilities
as provided herein. District may. at its discretion, add
improvements to said school grounds.. Cargo containers. con-
cession stands and/or any new construction, alterations.
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modifications, and/or revisions to the leased facilities
must be reviewed and approved by the District in writing
prior to such changes.
2. All other terms and conditions of the Agreement described
herein shall remain in full force and effect.
A}ffiRICfu~ YOUTH SOCCER ORGANIZATION
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
HAROLD L. BORiNG, Ed.D.
Assistant Superintendent
Administrative Services
By:
Title: Regional Commissioner 130
Date:
Date:
JAN 1 ~ 19a~
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AMENDC'!L'NI' NO. 2
'IO U;i\SE AGREFJ.o.1T
(Highland ,Jr. High Athletic Fields)
'the lease Acrre-e..'iBI1t beb,.;een the SAN BERNARDINO CITY UNIFIED SOiOOL DISTRICl'
and the A:.zPJC;'~ YatrI'H SOCCER ORGANIZATIOO, dated Decenber 3, 1982, 'is hereby
arrended in the following nanner:
1. Exceptions:
paragr.;l.ph 1.:
Effective July 1, 1986, the real property described below shall be
excluded fran the above-described Lease Agrearent: .
Along Orange Street, 180 feet north to the intersection
of the boundary line as it changes direction and proceeds
northwest, fran this intersection point,. 615 feet along
a straight line \\lest to the intersection of this line
with the existing northsouth fence that divides the
Highland-Pacific site fran the San Andreas site.
2. All other tenns and conditions of the Agreerrent described herein
shall remain in full force and effect.
Narre: --l~/.t..... L Look'" S
Title: Ke.llo"'<t..1 CC",,",-1611.s.S/Otlt"t-. \30
SAN BERNARDINO CITY UNIFIED
SOiOOL DISTRIcr
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Assistant Superintendent
Administrative Services
Ar-1F..:RICAN YOUTH SCCCER ORGANIZATION
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Date: /0 -;L""S - ~
Date:
Jim 2 5 1986
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P..Mi:.:nr-1U.1T NO. 1
TO IJ1SE AGREf1.'iENT
(Highland Jr. High Athletic Fields)
The Lease ;'.gree!!'ent between the SAN BERNARDINO CITY UNIFIED SCHOOL
DISTRICT and N-s?.rCAN YOU'IH SOC'CER ORGANIZATIOt.'J, dated December 3, 1982, is
hereby arrended Li the following manner.
1. Paragraph 10 is hereby amended as follows:
10. Hater, Electricity and Gas. Lessee shall supply and bear
the cost, of all water used at the Highland Jr. HJ..gh School site for
the term hereof. District shall bear the cost of all electricity
used on the leased premises until such time as Lessee installs
lighting on sports fJ.elds pursuant to paragraph 4. Upon carq;>letion
ot said installation, lessee shall bear the cost of all electricity
used for illuminating the sports fields. lessee shall be responsible
for installation of any necessary electrical lOOters, and for all
charges for such electricity. District shall bear the cost of all
natural gas used in the locker rooms for the term hereof.
lI. Pd l;i(j'~'~19h 11 is hereby deleted and a new paragraph 11 J.S added as
folloNs:
11. Indermi ty . IndeIlU"li ty and insurance shall be provided as
follows:
a. lessee shall indemnify, hold hannless, and defend the
District against any and every claim, demand, action
or liClbility for damages or injury, and any cost or
expense in connection therewith, which arises out of:
or results fram (1) the use of the leased premises,
(2) work done or anitted to be done upon the premises,
(3) any business or other acti vi ty upon the leased
premises, or (4) any defective condition of the
leased premises, by Lessee, its agents, employees,
assigns or penni ttees, during the term of this lease
or any extension thereof.
b. lessee shall, at its own expense, obtain and keep in
effect, during the term of this lease or any exten-
sion thereof a policy of liability and property
damage insurance with the single llnu.t of $l,OOO,OOG.
The Lessee will furnJ.sh the District with certifi-
cates of In::.urance naming the District as an addi-
tional insured party.
c. Said policy set forth in paragraph 11 (b) shall be in
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form satisfactory to District, and a cert1fi~~ copy
of such policy shall be delivered to District at
least fifteen (15) days prior to its effective date.
III. All ot-~er terms and conditions of said Lease Agreerrent dated
Decerrber 3, 1982, shall remain in full force and effect.
LESSEE
A. Y. S. o.
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SAN BERNARDINO CITY UNIFIFD
SOIOOL DISTRICT
By
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HAROlD L. BORrn:;, .D.
Assistant Superintendent,
Administrative Services
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LEASE AGREEl-1ENT
(Highland Jr. High Athletic Fields)
THIS LE.~~ is trade and entered into this 3rd day of December
1982, by and between the SAN BERNARDINO CITY UNIFIED SOiOOL DISl'RICl', here-
inafter referred. to as "District", and American Youth Soccer Organization,
hereinafter referred to as "lessee".
WITNESSETH
1. Rights Granted. District does hereby grant to lessee the non-
exclusive right to the use, for the purposes hereinafter set forth, of the
rerll property, including field house locker roans, lOcated in the City of
San Bernardino, County of San Bernardino, State of California, described as
follON's and as shown on the map attached hereto and marked Exhibit "A".
That certain property situated in the City of San Bemardino,
County of San Bernardino, State of California, to wit:
That portion of the southwest one-quarter of the northeast one-
quarter of Section 32, Township 1 North, Range 3 West, San
Bernardino Base and ~ridian according to the official govern-
survey thereof, lying southwesterly of the Atcheson, '1bpeka and
Santa Fe Railroad right-of-way and southerly of that certain
land conveyed to the State" of California for higl'Utlay purposes by
deed recorded February 24, 1969 in Book 7186, Page 456, official
records of said county.
Excepting therefran the following described: Beginning at a
point on the south line of the southwest one-quarter of the north-
east one-quarter of Section 32, being the centerline of Pacific
Avenue, which lies south 89047'30" east a distance of 323.76 feet
iran the center of said section 32; thence north 00012' 30" east
a distance of 182.21 feet to a point; thence north 88046'29" east
a distance of 37.69 feet to a point;' thence north 00023'25" east
a distance of 475.61 feet to a point on the southerly line of
aforementioned land deeded to the State of California for highway
purposes; thence along said southerly line, north 89057'38" east
a distance of 294.90 feet to a point on tJ)e west line of the east
one-half of the southwest one-quarter of the northeast one-
quarter of Section 32; tllence south along said west line to a
point on the north line of the south one-half of the southwest
one-quarter of the northeast one-quarter of Section 32; thence"
east along said north line to a point on the east line of the
southv,'est one-quarter of the northeast one-quarter of Section 32;
thence south along said east line of the southeast corner of the
sout..l-rwest onc-quarter of the northeast one-quarter of Section 32;
bciI1.g a point on t..'1e centerline of Pacific Averroe; thence north
8904J'30" west to the Point of Begirming.
Also excepting any portion thereof lying \~ithin public streets.
2. Term. The tenn of this lease shall be for a period of five. (5)
years, CO!lT!"eI1cing on November 3, 1982
and ending on
November 2, 1987
This lease may be extended for three five (5) year
periods for a maxi1mm of t:\~enty (20) years upon written nutual agnerrent of
the parties hereto.
3. Right to Tenninate. The District and lessee reserve the right to
terminate this lease and all rights hereunder, at any tiIre by written notice
to the other party given at least sixty (60) days prior to the effective
date of termination; provided, however, that on any teDninatian of this
lease, all .ll1'[JLoverrents on said property installed by lessee, or its
licensees, shall becare the property of the District. 'lbe lessee shall be
reEiponsible for the restoration ,?f the property to its original ccnti.tion
upon termination of the lease, at lessee's sole cost and expense, if so
requested by District.
4. Consideration. In consideration of the lease of the said property,
the Lessee shall design, construct, or install necessary lighting, turfing,
and sprinkler system in order to provide multi-use sports fields on the
school grounds hereinabove described. The location of the facilities to be
provided by Lessee hereunder shall be located in accordance with the nutual
agreerrent of the parties hereto. Said inproveJre11ts to be constructed by
Lessee hereunder shall be in acconllnce with District's specifications and
the joint require..rents of the parties hereto.
lessee agrees to pay, and District agrees to accept, as rental for said
premises during the tenn aforerrentioned, a rental at the rate of One
2
Dollar
($ 1.00
) pe.c year I payable corrrnencing November 3,
1982,
and continuing on or Lefore the. first day of January each and
every year thereafter during the term hereof at 777 "F" Street,. San
Bernardino, ~tlifornia 92410.
5. Cost of Construction. Lessee shall aSSl.lITe and pay all costs of
construction of the lighting, turfing and sprinkler system to provide the
sports fields.
6. Use. The property shall be used solely for recreational purposes
by Lessee, its agents, errployees, assigns or permittees. It is further
hereby agreed that the District shall have reasonable access to use the said
facilities, not to exceed eight (8) hours per rronth, as stipulated by school
site officials.
7. wcaL!on and ONnership. The athletic facilities installed as
provided herein shall be maintained on the aforedescribed Highland Jr. High
School grounds and shall at all tiIrEs be and remain the property of the Dis-
trict, subject to Lessee I s right to use the facilities as provided herein.
District may, at its discretion, add improverrents to said school grounds.
8. Prohibition Against AssigI1l'tent. Lessee shall not assign this lease
or its interest therein except with the prior written approval of District.
9. t-1aintenance and Olstodial Services. Lessee shall, at its expense,
maintain the school grounds during the term hereof unless said maintenance
items are hereinafter listed as being District I s responsibility.
lessee shall repair and maintain the turf areas and an adequate
sprinkler system in a usable condition at all tiIres during the term of this
agree.rrent in order to assure that the playground turf areas are kept in
usable condition at all t.i..Ires.
Lessee shall be responsible for the maintenance of the lighting system
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for the terrr. hereof. Lessee's maintenance shall include the replacement of
bullis, fixtures, fuses, switches, end all other items necessary to ffi3.intain
the ball field lighting system.
Lessee's ITaintenance of the field and the sprinkler system shall
include the application of necessary water, soil anendrrent and fertilizers,
the mJl....Ving of the grass, and all necessary repairs to the sprinkler system
in order to rraintain the field in a satisfactory usable condition. lessee
shall provide at its expense all custodial services necessary as a result of
the use of said property for recreational programs and events conducted or
sponsored by Lessee.
10. Water and Electricit.y. Lessee shall supply and bear the oost of
all. water to be used in rraintaining the grass and planting areas for the
tenn hereof. Lessee shall bear the cost of all electricity used for illum-
inating the athletic fields. Lessee shall be responsible for installation
of any necessarj electrical rrete~s, and for all charges for such
electricity. Lessee shall pay a prorated share of electricity charges to
cover utility costs in the field house locker roams.
11. Indernni ty . Lessee shall provide inde.rnni ty and insurance as
follavs:
a. Lessee shall indemnify, hold hannless, and defend the
District against any and every claim, demand, action or
liability for damages or injury, and any cost or expense
in connection therewith, which arises out of or results
from (1) the use of the leased premises, (2) work done or
anitted to be done upon the premises, (3) any business or.
other acti vi ty upon the leased premises, or (4) any de-
fective condition of the ~eased premises, by res.see, its
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agents, employees, assigns or penni. tte.'eS, during the term
of this lease or any extension thereof.
b. lessee shall, at its CMn expense, obtain and keep in effect,
during the term of this lease or any extension thereof a
policy of liability and property damage insurance with the
single limit of $1,000,000. The Lessee will furnish the
District with Certificates of Insurance naming the District
as an additional insured party.
c. Lessee shall, at its own expense, also keep all buildings
.
and structures adequately insured against fire and all
policies shall contain extended coverage and insure against
malicious mischief and vandalism. Said fire insurance policy
shall be in the arrount of $250,000. In all such policies,
District shall be named as additional insured to protect
District's interests as its interests may appear. District
shall have the right to determine that which was destroyed
by fire, and if they are, the specifications tor the new
construction.
d. Said policies set forth in paragraphs 11 (b) and 11 (c) shall
be in form satisfactory to District, and a certified copy
of such policies shall be delivered to District at least
fifteen (15) days prior to their effective dates.
12. Arnenanents. This leuse may be arrended or rrodified only by a
written c:urendment or m:xiification thereof signed by both parties.
13. Notices. All notices to be given by either party to the other
shall be in writing delivered either personally or by United States mail,
postage prepaid, to the following addresses:
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"Districtll
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S~ Se:rnardino City Unified School Di~trict
J...ci'ninistrative Services Office
777 North "F" Street
San Bernardino, CA 92410
"Lessee"
American Youth Soccer Organization
P. O. Box 2855
San Bernardino, CA 92406
the date first hereinabove written.
IN WITNESS WHEREOF, the parties hereto have executed this lease on
LESSEE
SAN BERNARDnlO CITY UNIFIED
SQiOOL DISTRICI'
~(&~By
FRANK A. SCHill-fA
A.Y.S.O. Regional Commissioner
Region 130
6
Jh~v..ul ~. r1~
HARem L. BORm:;, D.
Assistant Superin t,
Administrative Services