HomeMy WebLinkAbout2011-260
RESOLUTION NO. 2011-260
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO.1 TO THE
TRANSITIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND KEITH L. KILMER.
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WHEREAS, the City of San Bernardino has an existing Transitional Services Agreemen
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with Keith L. Kilmer to continue his appointment as Chief of Police during th
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recruitment/appointment process; and
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WHEREAS, the City wishes to continue this appointment; and
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMO
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COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1: The City Manager of the City of San Bernardino is hereby authorized an
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directed to execute Amendment No. I to the Transitional Services Agreement with Keith L
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Kilmer to continue his appointment as Chief of Police during the recruitment/appointmen
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process. A copy of said Amendment is attached hereto as Exhibit "A" and incorporated herein b
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reference.
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SECTION 2: The authorization to execute the above-referenced Amendment No. I i
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rescinded if the parties to the Amendment do no execute it within sixty (60) days of the passag
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of this Resolution.
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2011-260
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO.1 TO THE
2 TRANSITIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND KEITH L. KILMER.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council ofthe City of San Bernardino at a joint regular
meeting thereof,
held on the 6th day of September
,2011, by the following vote, to wit:
, L 1'/ ' 1..
j.L a...-Uui ';J. LUCLI'C.
Rache G. Clark, City Clerk
The foregoing Resolution is hereby approved this ~;nf- of September; 2011.
~
City of San Bernardino
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COUNCILMEMBERS:
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8 MARQUEZ
JENKINS
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BRINKER
10 SHORETT
II KELLEY
12 JOHNSON
MC CAMMACK
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Approved as to form:
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JAMES F. PENMAN,
20 City Attorney
AYES
NA YES
ABSTAIN ABSENT
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x
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2011-260
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AMENDMENT NO.1 TO THE TRANSITIONAL SERVICES AGREEMENT
BETWEEN KEITH L. KILMER AND THE CITY OF SAN BERNARDINO
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AMENDMENT NO. 1 TO THE TRANSITIONAL SERVICES AGREEMEN
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(hereafter referred to as "Agreement") is made and entered into this 6th day of September, 2011
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by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and KEITH L
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KILMER, an individual (hereafter referred to as "Kilmer"):
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WITNESSETH:
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WHEREAS, parties hereto entered into an Agreement dated March 21, 2011, to provid
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for the terms by which Kilmer will continue to serve as the Chief of Police during the transitio
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period while the City recruits and appoints a new Chief of Police; and
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WHEREAS, Section 7 of the aforesaid Agreement allows such Agreement to
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amended by a written agreement executed by the parties; and
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WHEREAS, the parties desire to enter into this Amendment to the Agreement;
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NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
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1.
AMENDMENT NO.1 TO THE TRANSITIONAL SERVICES AGREEMENT. Th
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Amendment to the Agreement amends only those terms contained herein; such terms not covere
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by this Amendment shall remain in full force and effect as set forth in said Agreement date
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March 21, 2011. This Amendment does not abrogate, alter, or amend any responsibility
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obligation, right, or privilege either party mayor may not possess, maintain, or claim pursuant t
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the terms of the Employment Agreement dated May 15,2009.
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2.
TERM. The term of the Agreement is extended to November 7, 2011, or until th
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position of Chief of Police is filled, whichever comes first, unless previously modified, amende
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or cancelled as provided in Section 4 of the Agreement.
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2011-260
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IN WITNESS WHEREOF, the parties hereto have executed Amendment No.1 to th
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Transitional Services Agreement on the 6th day of September, 2011.
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4 Date:~~cP, 2011
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7 Date: g EP., I t./ ,2011
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9 ~T
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.~ 1l.~
11 Rae Clark, City Clerk
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13 APPROVED AS TO FORM:
Kei?f?~
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2011-260
EXHIBIT "An
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AMENDMENT NO.1 TO THE TRANSITIONAL SERVICES AGREEMENT
BETWEEN KEITH L. KILMER AND THE CITY OF SAN BERNARDINO
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AMENDMENT NO. 1 TO THE TRANSITIONAL SERVICES AGREEMEN
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(hereafter referred to as "Agreement") is made and entered into this 6th day of September, 2011
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by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and KEITH L
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KILMER, an individual (hereafter referred to as "Kilmer"):
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WITNESSETH:
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WHEREAS, parties hereto entered into an Agreement dated March 21, 2011, to provid
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for the terms by which Kilmer will continue to serve as the Chief of Police during the transitio
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period while the City recruits and appoints a new Chief of Police; and
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WHEREAS, Section 7 of the aforesaid Agreement allows such Agreement to
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amended by a written agreement executed by the parties; and
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WHEREAS, the parties desire to enter into this Amendment to the Agreement;
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NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
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1.
AMENDMENT NO.1 TO THE TRANSITIONAL SERVICES AGREEMENT. Th
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the terms of the Employment Agreement dated May 15,2009.
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Amendment to the Agreement amends only those terms contained herein; such terms not covere
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by this Amendment shall remain in full force and effect as set forth in said Agreement date
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March 21, 2011. This Amendment does not abrogate, alter, or amend any responsibility
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obligation, right, or privilege either party mayor may not possess, maintain, or claim pursuant t
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2.
TERM. The term of the Agreement is extended to November 7, 2011, or until th
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position of Chief of Police is filled, whichever comes first, unless previously modified, amende
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or cancelled as provided in Section 4 of the Agreement.
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2011-260
1
AMENDMENT NO.1 TO THE TRANSITIONAL SERVICES AGREEMENT
BETWEEN KEITH L. KILMER AND THE CITY OF SAN BERNARDINO
2
3
AMENDMENT NO. I TO THE TRANSITIONAL SERVICES AGREEMEN
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(hereafter referred to as "Agreement") is made and entered into this 6th day of September, 2011
5
by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and KEITH L
6
KILMER, an individual (hereafter referred to as "Kilmer"):
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WITNESSETH:
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WHEREAS, parties hereto entered into an Agreement dated March 21, 2011, to provid
10
period while the City recruits and appoints a new Chief of Police; and
9
for the terms by which Kilmer will continue to serve as the Chief of Police during the transitio
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WHEREAS, Section 7 of the aforesaid Agreement allows such Agreement to
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amended by a written agreement executed by the parties; and
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WHEREAS, the parties desire to enter into this Amendment to the Agreement;
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NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
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1.
AMENDMENT NO.1 TO THE TRANSITIONAL SERVICES AGREEMENT. Th
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the terms of the Employment Agreement dated May 15,2009.
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Amendment to the Agreement amends only those terms contained herein; such terms not covere
18
by this Amendment shall remain in full force and effect as set forth in said Agreement date
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March 21, 2011. This Amendment does not abrogate, alter, or amend any responsibility
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obligation, right, or privilege either party mayor may not possess, maintain, or claim pursuant t
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2.
TERM. The term of the Agreement is extended to November 7, 2011, or until th
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position of Chief of Police is filled, whichever comes first, unless previously modified, amende
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or cancelled as provided in Section 4 of the Agreement.
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2011-260
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IN WITNESS WHEREOF, the parties hereto have executed Amendment No. I to th
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Transitional Services Agreement on the 6th day of September, 2011.
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Date:
,2011
By:
Patrick J. Morris, Mayor
City of San Bernardino
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7 Date:
,2011
Keith L. Kilmer
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9 ATTEST:
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11 Rachel Clark, City Clerk
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13 APPROVED AS TO FORM:
14 By:
JAMES F. PENMAN,
15 City Attorney
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2011-71
EXHIBIT "A"
2011-260
1 TRANSmONAL SERVICES AGREEMENT
2 TIDS AGREEMENT is made and entered into this 15th day of March 2011, by and
3 between the CITY OF SAN BERNARDINO, a charter city ("City''), and KEITH L. KILMER,
4 an individual ("Kilmer").
5 WHEREAS, on May 15,2009, the City entered into an Employment Agreement with
6 Kilmer providing for the terms of his appointment to the office of Chief of Police of the City of
7 San Bernardino;
8 WHEREAS, on March 14,2011, Kilmer announced his retirement and the resignation
9 of his position with the City effective March 31, 2011;
10 WHEREAS, it is in the best interest of the City to facilitate a smooth transition during
11 the recruitment and appointment of a new Chief of Police; and
12 WHEREAS, the parties desire to enter into this Transitional Services Agreement
13 ("Agreement'') to provide for the terms by which Kilmer will continue to serve as the Chief of
14 Police during the transition period while the City recruits and appoints a new Chief of Police;
15 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
16 1. APPOINTMENT FOR TRANSITION PERIOD. Effective April 2, 2011, and
17 continuing through the term of this Agreement, Kilmer shall continue his appointment as the
18 Chief of Police of the City of San Bernardino, and shall faithfully execute all the duties,
19 obligations, and responsibilities of said office.
20 2. TERM. The term of this Agreement shall be from April 2, 2011 through
21 September 1, 2011, unless earlier terminated as provided in section 4 of this Agreement.
22 3. COMPENSATION. Kilmer shall be compensated at an hourly rate equivalent
23 to his effective salary as of March 31, 2011. Kilmer shall not be provided any benefits.
24 including but not limited to, health, dental, vision, leave, vacation, retirement, long-term
25 disability coverage, life insurance, uniform allowance, education incentive pay, or other
26 benefits that may be provided to employees of the City.
27 4. TERMINATION. This Agreement may be terminated immediately by either
28 party upon written notice.
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2011-260
2011-71
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5.
ENTIRE AGREEMENT. This Agreement contains the entire agreement
2 between the parties as to the terms of the services provided by Kilmer to the City of San
3 Bernardino beginning on April 2, 2011 through the term of this Agreement. This Agreement,
4 however, does not abrogate, alter, or amend any responsibility, obligation, right, or privilege
5 either party mayor may not possess, maintain, or claim pursuant to the terms of the
6 Employment Agreement dated May 15, 2009.
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6.
SEVERABILITY. If any part or provision of this Agreement is in conflict or
8 inconsistent with applicable provisions of federal, state, or city statutes, or it is otherwise held
9 to be invalid or unenforceable by any court of competent jurisdiction, such part or provision
10 shall be suspended and superseded by such applicable law or regulations, and the remainder
11 of this Agreement shall not be affected thereby. .
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7.
AMENDMENT. This Agreement may only be amended by a written agreement
13 executed by the parties, and may not be amended by oral agreement
14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
15 day and date first shown.
16 ATTEST:
CITY OF SAN BERNARDINO
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By:(2~~. ~
Radlel Clark, City Clerk
BY.~ ~
P ek. Moms, Mayor
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APPROVED AS TO FORM:
KEITH L. KILMER
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2011-260
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RESOLUTION NO. 2011-71
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
3 BERNARDINO AUTHORIZING mE EXECUTION OF A TRANSITIONAL SERVICE
AGREEMENT BETWEEN mE CITY OF SAN BERNARDINO AND KEITH L
4 KILMER.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CI
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized an
8 directed to execute on behalf of said City the Transitional Services Agreement between Keith L
9 Kilmer and the City of San Bernardino, which is attached hereto, marked Exhibit "A", an
10 incorporated herein by reference as fully as though set forth at length.
II SECTION 2. The authorization to execute the above-referenced agreement is rescind
12 if the parties to the agreement fail to execute it within sixty (60) days of the passage of thi
13 resolution.
14 III
IS III
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2011-260
2011-71
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S
BERNARDINO AUTHORIZING THE EXECUTION OF A TRANSITIONAL SERVICE
2 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DITH L. - ~
3 tIIJtEll.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
5 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 21s
6
7
day of March, 2011, by the following vote, to wit:
Council Members:
8
9 MARQUEZ
10 VACANT
AYES
NAYS
ABSTAIN ABSENT
x
-
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13
BRINKER
x
SHORETI
x
14 KELLEY
15 JOHNSON
16 MCCAMMACK
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x
n '.,
0\----~- {:t. CJ_A/~/L
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Rachel G. Clark, City Clerk
20 The foregoing resolution is hereby approved this =<1"/11 day of March, 2011.
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23
~or
City of San Bernardino
24 Approved as to form:
~: B~\l:). \~?~
J~an
27 City Attorney
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