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HomeMy WebLinkAbout39-Facilities Management CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James Sharer, Director Subject: Resolution authorizing the issuance of an Annual Purchase Order to Waxie Sanitary Supply for custodial supplies. ORIGINAL Dept: Facilities Management Date: April 30, 2009 MICC Meeting Date: June IS, 2009 Synopsis of Previous Council Action: 3-16-09 Reso 2009-52 Increase Purchase Order No. 208059 by an additional $10,000 to Waxie Sanitary Supply for custodial supplies. Recommended Motion: Adopt Resolution Contact person: James Sharer "- J~~- ~ James . Sharer Director of Facilities Management Phone: 384-5244 -P Supporting data attached: Staff Report, Resolution Ward(s): All FUNDING REQUIREMENTS: Amount: $35,000.00 Source:: 001-324-5111 Barbara Pachon Director of Finance Council Notes: &$0 doo9- /7 ;) r:J.?Cv'ltWSLi ;+: IS- ~/l07 Agenda Item No. ~3'f tp--/Ij--O'1 (Nau Sftt{.f rap(t{f) CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution authorizing the issuance of an Annual Purchase Order to Waxie Sanitary Supply for custodial supplies. BACKGROUND Waxie Sanitary Supply of Ontario is one of the three primary vendors used for custodial supplies for the City of San Bernardino. Three years ago we started increasing our business with Waxie when we switched to the motion sensored paper towel dispensers in City Hall. These dispensers have reduced the City Hall paper product usage approximately 30%. We have also changed toilet paper dispensers and soap dispensers with more efficient units, making the City of San Bernardino a more environmentally-conscious, Green City. If approved by the Mayor and Common Council, this Resolution will authorize a Negotiated Purchase, which is allowed under Municipal Code Section 3.04.010 (B) (3). This year, at the request of the City Manager, staff had a meeting with Waxie to encourage a further discount on custodial supplies. These have talks have been very fruitful and Waxie will now be the supplier of trash can liners and provide the dilution control equipment for a conversion from shelf ready products to concentrated products in our field trucks. This conversion will allow us to standardize on green chemicals throughout our operation, and allow for time-specific deliveries since our warehouse is now unmanned. Waxie has agreed to the five percent vendor discount requested by the City Manager. Staff recommends that Waxie Sanitary Supply be issued a Purchase Order for custodial supplies. FINANCIAL IMPACT The $35,000 cost for Custodial supplies is included in the Facilities Management general fund budget for FY 09/10, account number 001-324-5111. RECOMMENDATION Adopt Resolution 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. t(Q)fP1f RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERl\IARDINO AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO W AXlE SANITARY SUPPLY FOR CUSTODIAL SUPPLIES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. Waxie Sanitary Supply is the selected source vendor pursuant to SBMC 3.04.01 O(B)(3) for the custodial supplies for the Facilities Management Department. The Finance Department is hereby authorized and directed to issue a purchase order in substantially the form attached hereto as Exhibit "A" to said vendor in the amount of $35,000.00 for Fiscal Year 2009/1 O. The purchase order shall reference this Resolution and shall be issued to Waxie Sanitary Supply for the custodial supplies with the specification and the price per unit set forth in the Fax Order Form attached hereto as Exhibit "B" and by the reference made a part hereof in an amount not to exceed $35,000.00 SECTION 2. This resolution is rescinded if the aforementioned Purchase Order is not issued within sixty (60) days of the passage of this resolution. IIIII J-/S--C" ::Jf 3 "1 19 2009. 20 21 22 23 24 25 1 2 3 4 5 6 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO W AXlE SANITARY SUPPLY FOR Cl'STODIAL SUPPLIES. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2009, by the following vote, to wit: 7 Council Members: 8 ESTRADA AYES NAYS ABSTAIN ABSENT 9 10 11 ]2 ]3 14 ]5 ]6 17 BAXTER BRINKER SHaRRETT KELLEY JOHNSON McCAMMACK Rachel G. Clark, City Clerk ]8 The foregoing resolution is hereby approved this day of Patrick J. Morris, Mayor City of San Bernardino Approved as to form: ~ 26 es F. Penman, City Attorney 27 28 CITY OF SAN BERNARDINO OFFICE OF THE PURCHASING DIVISION 300 N. "0" ST. SAN BERNARDINO. CALIFORNIA 92418 EXHIBIT "A" DELIVERY LOCATION VENDOR SUBJECT TO TERMS 6- CONDITIONS STATED ON REVERSE PURCHASING OFFICIAL . This order is subject [0 the following terms and conditions EXHIBIT "A" IMPORTANT INVOICES MUST BE FORWARDED TO THE DEPARTMENT PLACING THIS ORDER immediately upon delivery of articles or performance of services ordered hereon or unless otherwise indicated Invoices must show on their face the number of this order, which appears in the upper right hand corner hereof, the name of the department to which the goods were furnished; that the same covers complete or partial delivery or performance as the case may be, and amount of prompt payment discount. FREIGHT CHARGES, IF ALLOWED, MUST BE PREPAID AND ITEMIZED ON INVOICE, ALL PURCHASES EO.B. DELIVERY ADDRESS UNLESS OTHERWISE SPECIFIED ON PURCHASE ORDER. ALL ARTICLES OR SERVICES FURNISHED PURSUANT TO THIS PURCHASE ORDER SHALL COMPLY WITH ALL CAL-OSHA STANDARDS AND REGULATIONS AND ALL APPLICABLE GOVERNMENTAL LAWS AND ORDERS. 1. This Purchase Order is limited to the Terms and Conditions contained on the face and back hereof. Any ;additional or different terms in the seller's form are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. No variation in prices, quality, quantity. deliveries or specifications of this order, nor automatic renewal of services or annual orders. irrespective of the wording of seller's acceptance, will be effective without the written consent of the Purchasing Manager. 2. ALL PURCHASES EO.B. DESTINATION DELIVERY ADDRESS UNLESS OTHERWISE SPECIFIED ON PURCHASE ORDER, 3. Packing lists must accompany each shipment showing our order number. description. part number for each item and name of "Deliver [0" department. 4. Shipments must be identified as "Partial" or "Complete". 5. Material is subject [0 buyer's inspection and approval within a reasonable time after delivery; if specifications are not met or if material is not approved, material may be returned at seller's expense. 6. Send invoice promptly for each partial at complete shipment, showing our order number. 7. Invoice each Purchase Order separately, in duplicate. 8. In connection with any prompt payment discount specified on this order, time will be computed from the date of complete delivery of articles or services as specified; or from the date correct invoices are received in me Finance Department if the latter date is later than the date of delivery. Payment is deemed to be made, for the purpose of earning the discount on the date of mailing me city warrant or check. . 9. C.O.D. Shipments will not be accepted. 10. Overshipments. unless specifically authorized by the Purchasing Manager will not be accepted. 11. Vendor shall supply all items, components, parts, processes, etc. as furnished and supplied as his "standard" article or service and as so advertised, whether or not such items, components, parts, processes, etc. are specifically specified herein. 12. All articles or services furnished pursuant to this purchase ord~r shall comply with all CAL-OSHA standards and regulations and all applicable governmemallaws and orders. 13. Ownership of all artwork, film. negatives, computer files, diskettes, CD Roms and other related media, whether supplied by the City to Sellet Ot produced fOt the City by the Seller for the fulfillment of this order, shall be retained by the City. Seller shall surrender all such materials to the City upon demand. 14. TERMINATION - City reserves the right to terminate its obligations under this order or any parr hereof if any delivery is not made within the rime provided. or, if no time is specified. within a reasonable time, or if the material that is delivered is not as specified. Such right shall be in addition to City's other legal rights, whether set forth in this order or not. Acceptance of any parr of the otder shall not bind City to accept futUre services or shipments. nor deprive it of the right to stop performance of existing services or recum goods already accepted. THE CITY OF SAN BERNARDINO WILL NOT BE RESPONSIBLE FOR ARTICLES OR SERVICES FURNISHED OFFICIALS OR EMPLOYEES WITHOUT A PURCHASE ORDER SIGNED BYTHE PURCHASING MANAGER OR HIS AUTHORIZED REPRESENTATIVE, In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interesr in and to all causes of action it may have under any applicable Federal or State Laws arising from purchases of goods, materials, or services by the bidd~r for sale to the Purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. EXHIBIT"B" FAX ORDER FORM: 909-942-3193 CITY OF SAN BERNARDINO Account Number: 331432700 Purchase Order 030090 WAXIE DBBC Disinfect BowllBthrm Clnr cs $ 34.72 $ _ 030191 WAXIE Kleen White cs $ 20.00 $ - 030451 Pumie ScourinQ Stick ea $ 1.75 $ - 030931 9200 Industrial (C-20X Kirkhill) Plunoer ea $ 4.30 $ - 050760 24" Dual Fill Push Broom ea $ 11.20 $ - 050931 60" Metal-Thread Tio Handle ea $ 3.26 $ - 051141 WAXIE Corn Broom Janitor ea $ 6.67 $ - 051211 WAXIE Corn Broom Porter ea $ 241 $ - 051231 WAXIE Corn Broom Whisk ea $ 1.74 $ - 051300 WAXIE UpriQht Broom Toy ea $ 3.13 $ - 060190 8" Palmyra Utility Brush ea $ 1.75 $ - 060400 Premium Twist Toilet Bowl Brush ea $ 2.03 $ - 060430 Little Dipper Bowl Moo ea $ 0.85 $ - 070451 WAXIE Gum Away II 602 cs $ 33.74 $ - 070710 WAXIE Carpet Soot Lifter 2002 cs $ 27.20 $ - 071143 Lift Off #3 Pen, Ink/Marker Remover Ot cs $ 64.23 $ - 090104 WAXIE Liouid Bleach cs $ 6.51 $ - 090168 Hilex Clear Household Ammonia 1/201 cs $ 1149 $ - 160324 WAXIE Glymist Liouid Air Freshener 4x1 01 cs $ 2843 $ - 160421 WAXIE Stop! Deodorant cs $ 11.78 $ - 172500 Soic & Span DisinftfAIIPuroslGlassClnr 3202 cs $ 39.93 $ - 180080 34" Feather Duster ea $ 8.21 $ - 260850 20" 3M Red Pad cs $ 25.93 $ - 261120 17" 3M Brown Pad cs $ 20.59 $ - 261150 20" 3M Brown Pad cs $ 26.66 $ - 261350 20" 3M Super Polish White Pad cs $ 25.93 $ - 290040 12" Brass Channel wi Rubber ea $ 500 $ - 290120 4" Brass Soueeoee Handle ea $ 4.93 $ - 290420 12" Refill Squeegee Rubber ea $ 1.54 $ - 290910 Puttv Knife 1-112" Stiff ea $ 3.79 $ - 290920 Puttv Knife 1-112" Flexible ea $ 3.83 $ - 320014 WAXIE Fast Act All Puro Conctrt Clm cs $ 21.20 $ - 320814 WAXIE W-400 Non-Ammon Striooer cs $ 20.68 $ - 326121 CC #2 Look NA Glass & MP Cleaner cs $ 124.84 $ - 326140 CC #4 Sundance Neutral Floor Cleaner cs $ 127.75 $ - 326182 CC #8 Blue Skies Disin HBV Clnr cs $ 48.76 $ - 326253 CC #16 BathMate Acid Free Wshrm Disin Clnr cs $ 141.67 $ - 61812009 1 of 3 EXHIBIT"B" FAX ORDER FORM: 909-942-3193 CITY OF SAN BERNARDINO Account Number: 331432700 Purchase Order Item # Description U1M Qty Unit Price Extended Price Ordered 326290 CC #20 Hot Sprinos General Purpose Clnr cs $ 83.53 $ - 326390 CC #33 Morning Mist Neutral Disinft Cleaner cs $ 55.80 $ - 326411 CC #72 G-Force H202 M/P Cleaner cs $ 166.65 $ - 350080 W4PK Yellow Cellulose Soonoe cs $ 50.40 $ - 350494 W96 WAXIE Scourino Pad 20/bx cs $ 8.10 $ - 380142 Pink Touch Lotion Soao 800ml12/cs cs $ 42.07 $ - 380254 WAXIE Lan-O-Tone Hand Soap wi Almond Fraorance cs $ 20.74 $ - 380721 TMT Twenty Mule Team Borax White Powdered Hand Soap cs $ 38.74 $ - 385910 Grand Touch Pink Lotion Soao 8/1000ml cs $ 47.08 $ - 470090 WAXIE Bug Off II Aero. Insecticide 170z cs $ 46.87 $ - 650261 WAXIE White Super Loop Mop Small ea $ 4.83 $ - 650271 WAXIE White SuDer Looo Moo Medium ea $ 5.61 $ - 650281 WAXIE White Super Loop Mop Laroe ea $ 7.66 $ - 650431 24 Steelhead Cotton Wet Moo ea $ 4.17 $ - 650661 60" Wood Steelhead Handle ea $ 5.90 $ - 650691 White 84 Speed Chanoe Handle ea $ 9.31 $ - 703075 33 x 39 2.0 mil Black Max Liner cs $ 32.56 $ - 704513 24 x 24 8N Careless Roll Liner cs $ - 704543 40 x 48 19 Mic Black Careless Roll Liner cs $ 32.27 $ - 750020 WAXIE Pol i-Kleen Wax Polish 190z cs $ 27.56 $ - 770020 Color Sweatshirts Wioino Raos 251bs bx $ 14.85 $ - 770030 Deluxe Turkish Towels 251bs bx $ 38.74 $ - 790290 ProGuard Flckd Ltx Gloves M (8-8.5) dz $ 9.09 $ - 791855 ProGuard 8625 Powder free Latex GP Gloves Medium cs $ 50.56 $ - 791860 ProGuard 8625 Powder free Latex GP Gloves LarCle cs $ 50.13 $ - 791865 ProGuard 8625 Powder free Latex GP Gloves XLarge cs $ 49.33 $ - 850239 Livi RG White Multifold Towel cs $ 21.25 $ - 850560 89460 en Motion White TL Roll Towel cs $ 60.85 $ - 851103 Earth First Bath Tissue cs $ 45.00 $ - 851530 041 Waxie Seat Cover cs $ 35.00 $ - 870071 WAXIE Kleen-Brite Quart cs $ 25.92 $ - 870084 WAXIE Kleen-Brite Gallon cs $ 29.23 $ - 870296 Aiax Cleanser 210z cs $ 22.60 $ - 890350 Green 50ft Water Hose ea $ 20.50 $ - 890440 Brass Twist Water Nozzle ea $ 7.50 $ - 930044 WAXIE Super Gloss Floor Finish cs $ 46.52 $ - 931352 5/01 Butcher's High Noon Ureth Finish bx $ 79.77 $ - 931354 Butcher's HiClh Noon Urethane Finish cs $ 67.99 $ - 61812009 20f3 EXHIBIT"B" FAX ORDER FORM: 909-942-3193 CITY OF SAN BERNARDINO Account Number: 331432700 Purchase Order Item # Description U1M Qty Unit Price Ordered bx $ 74.77 $ 69.33 $ 24.12 $ 2.60 $ 16.50 $ 0.45 Extended Price 931702 51 I Butcher's Iron Stone Ac lie Sealer 931704 Butcher's Iron Stone Ac lic Sealer 950120 WAXIE No Streak Glass Cleaner 19001 Dc CM 12" Metal Dust Pan 190040c 825 CM L Hndl Metal Dust an W/O Cvr 890040c 22-320z Tri er S ra er 750074 bar to Ii uid furniture olish 704510 24x24 6 mic liner natural 20/50/2000cs 7-10 al 704513 24x24 8 mic natural liner 20/50/2000cs 7-10 al 890045c 240z WAXIE S ra Bottle Jm91>J;leNW~lil"ENI' WAXIE Metal Brite Stainless Steel Maintainer & 750321 Polish. Water-based, nonflammable. 12/18 oz.lcs 851101 1961 Clean & Soft White 1-Ply ToiletTissue, 96/1000 $ $ $ $ $ $ $ $13.55 $ $20.36 $ $ 0.50 $ p.' ~ r_ -v,," , , ;..... .- CS $46.60 $ $56.06 $ $ $ TOTAL before tax) $ CS Tim Myers Senior Account Consultant 951-318-2587 6/8/2009 30f3 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Facilities Management Subject: Resolution authorizing the issuance of an Annual Purchase Order with three one-year renewal options to Waxie Sanitary Supply for custodial supplies. From: James Sharer, Director Date: April 30, 2009 MICC Meetin!: Date: June 1,2009 Synopsis of Previous Council Action: 3-16-09 Reso 2009-52 Increase Purchase Order No. 208059 by an additional $10,000 to Waxie Sanitary Supply for custodial supplies. Recommended Motion: Adopt Resolution ,LLJ Contact person: James Sharer /' James W. Sharer / Director of Facilities Management Phone: 384-5244 Supporting data attached: Staff Report, Resolution Ward(s): All FUNDING REQUIREMENTS: Amount: $35,000.00 Source: : 001-324-5111 Barbara Pachon Director of Finance Council Notes: Agenda Item No. /?~ ::iF /S; ft./;/rJ'1 #{>q (p /Io/()r CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION ST AFF REPORT SUBJECT Resolution authorizing the issuance of an Annual Purchase Order with three one-year renewal options to Waxie Sanitary Supply for custodial supplies. BACKGROCND Waxie Sanitary Supply of Ontario is one of the three primary vendors used for custodial supplies for the City of San Bernardino. Three years ago we started increasing our business with Waxie when we switched to the motion sensored paper towel dispensers in City Hall. These dispensers have reduced the City Hall paper product usage approximately 30%. We have also changed toilet paper dispensers and soap dispensers with more efficient units, making the City of San Bernardino a more environmentally-conscious. Green City. If approved by the Mayor and Common Council, this Resolution will authorize a Negotiated Purchase. which is allowed under Municipal Code Section 3.04.010 (B) (3). This year. at the request of the City Manager. staff had a meeting with Waxie to encourage a further discount on custodial supplies. These have talks have been very fruitful and Waxie will now be the supplier of trash can liners and provide the dilution control equipment for a conversion from shelf ready products to concentrated products in our field trucks. This conversion will allow us to standardize on green chemicals throughout our operation, and allow for time-specitic deliveries since our warehouse is now unmanned. Waxie has agreed to the five percent vendor discount requested by the City Manager. Staff recommends that Waxie Sanitary Supply be issued a Purchase Order for custodial supplies with three, one-year renewal options for the base year amount plus the CPI rate of inflation to cover cost increases in future years. FINANCIAL IMPACT The $35,000 cost for Custodial supplies is included in the Facilities Management general fund budget for FY 09110, account number 001-324-5111. RECOMMENDA nON Adopt Resolution CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James Sharer, Director Subject: Resolution authorizing the issuance of an Annual Purchase Order with three one-year renewal options to Waxie Sanitary Supply for custodial supplies. Dept: Facilities Management Date: April 30, 2009 MICC Meetin~ Date: June 1,2009 Synopsis of Previous Council Action: 3-16-09 Reso 2009-52 Increase Purchase Order No. 208059 by an additional $10,000 to Waxie Sanitary Supply for custodial supplies. Recommended Motion: Adopt Resolution Contact person: James Sharer James W. Sharer Director of Facilities Management Phone: 384-5244 v Supporting data attached: Staff Report, Resolution Ward(s): All FUNDING REQUIREMENTS: Amount: $35,000.00 Source: : 001-324-5111 Barbara Pachon Director of Finance Council Notes: Agenda Item No. ::If:tS"' (p- 1-0'1 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution authorizing the issuance of an Annual Purchase Order with three one-year renewal options to Waxie Sanitary Supply for custodial supplies. BACKGROUND Waxie Sanitary Supply of Ontario is one of the three primary vendors used for custodial supplies for the City of San Bernardino. Three years ago we started increasing our business with Waxie when we switched to the motion sensored paper towel dispensers in City Hall. These dispensers have reduced the City Hall paper product usage approximately 30%. We have also changed toilet paper dispensers and soap dispensers with more efficient units, making the City of San Bernardino a more environmentally-conscious, Green City. If approved by the Mayor and Common Council, this Resolution will authorize a Negotiated Purchase, which is allowed under Municipal Code Section 3.04.010 (B) (3). This year, at the request of the City Manager, staff had a meeting with Waxie to encourage a further discount on custodial supplies. These have talks have been very fruitful and Waxie will now be the supplier of trash can liners and provide the dilution control equipment for a conversion from shelf ready products to concentrated products in our field trucks. This conversion will allow us to standardize on green chemicals throughout our operation, and allow for time-specific deliveries since our warehouse is now unmanned. Waxie has agreed to the five percent vendor discount requested by the City Manager. Staff recommends that Waxie Sanitary Supply be issued a Purchase Order for custodial supplies with three, one-year renewal options for the base year amount plus the CPI rate of inflation to cover cost increases in future years. FINANCIAL IMPACT The $35,000 cost for Custodial supplies is included in the Facilities Management general fund budget for FY 09/1 0, account number 001-324-5111. RECOMMENDATION Adopt Resolution 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER WITH THREE ONE-YEAR RENEWAL OPTIONS TO WAXIE SANIT ARY SUPPLY FOR CUSTODIAL SUPPLIES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Waxie Sanitary Supply is the selected source vendor for the custodial supplies for the Facilities Management Department. The Finance Department is hereby authorized and directed to issue a purchase order to said vendor in the amount of$35,000.00 for Fiscal Year 2009/10 and authorize three one-year renewal options for the base year amount plus the cpr rate of inflation to cover cost increases in future years as long as funds are available and appropriated in the budget each year. The purchase order shall reference this Resolution and shall be issued to Waxie Sanitary Supply for the custodial supplies in an amount not to exceed $35,000.00. SECTION 2. This resolution is rescinded if the aforementioned Purchase Order is not issued within sixty (60) days of the passage of this resolution. IIIII ,.,.".,.. U .' ({ /1 \ 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER WITH THREE ONE-YEAR RENEWAL OPTIONS TO WAXlE 3 SANITARY SUPPLY FOR CUSTODIAL SUPPLIES. 4 5 6 7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of following vote, to wit: , 2009, by the Council Members: AYES NAYS ABSTAIN ABSENT 8 9 ESTRADA 10 BAXTER 11 BRINKER 12 SHORRETT 13 KELLEY 14 JOHNSON 15 McCAMMACK 16 17 18 Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this 19 20 21 day of 2009. 22 23 24 Approved as to form: Patrick J. Morris, Mayor City of San Bernardino 25 26 James F. Penman, City Attorney 27 28