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RESOLUTION NO. /~?'..5'.3
,
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR
3 THE PURPOSE OF JOINTLY PROVIDING COMMUNITY DEVELOPMENT FUNDS FOR
THE CONSTRUCTION OF SWIMMING FACILITIES AT THE MILL CENTER.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
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authorized and directed to execute on behalf of said City an
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agreement with the County of San Bernardino for the purpose of
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jointly providing Community Development Funds for the construction
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of swimming facilities at the Mill Center, a copy of which is
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attached hereto, marked Exhibit "A" and incorporated herein by
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reference as fully as though set forth at length.
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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
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vote, to wit:
./~~~
day of I/~
C04Cilmen. c:~ ?!::~~ ~~~~I
C7~,. / ~,~ .~4~
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Bernardino at a
meeting thereof, held
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~!1
, 1977, by the following
on the
AYES:
NAYS:
ABSENT:
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The foregoing resolution is hereby approved this ~ -" day
of
~~~
, 1977.
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Mayor/of the City: 6fS~nHB~;t:t1Al!'dino
Pro Tempor~.
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OFFICE OF COMMUNITY DEVELOPMENT (OCD)
1111 East Mill Street. San Bernardino, CA 92415. (114) 383-2745
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(~..J (~UNT} . ....~, County of San Bernardino
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'<~ .. R. AN~i~~C~:'CUSA
ENVIRONMENTAL IMPROVEMENT AGENCY
April 27, 1977
Mr. Gary Van Osdel, Director
Community Development
City of San Bernardino
300 North 110" Street
San Bernardino, CA 92418
Dear Mr. Van Osdel:
The Board of Supervisors of the County of San Bernardino at its regular meeting
of April 18, 1977, approved the agreement between the County of San Bernardino
and the City of San Bernardino to jointly fund the construction of the swimming
facility and sewer line for the Mill Street Recreational Center and authorized
the Chairman of the Board to execute the Agreement on behalf of the County.
A copy of the executed Agreement is enclosed for filing with the City Clerk.
Your attention is called to the fact that the costs included in the final
Agreement are based upon actual bids which should minimize the possibility of
cost overruns. Since the additional monies required to meet the County's
obligation are being budgeted out of contingency funds, we wish to emphasize
the necessity of keeping the cost to the County within the amounts stated in
the Agreement as the maximum obligation of the County.
If you have any questions, please call me at 383-1973.
ENVIRONMENTAL IMPROVEMENT AGENCY
OFFICE OF COMMUNITY DEVELOPMENT
R. ANN SIRACUSA, Director
/; ~-, (;;:~-4:..,-..\ ...c::j C'_Q09~'
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WALTER O. WELLS, Deputy Director
Program Management
WOW:kar
attachment (l)
cc: Louis Hernandez, Director, Parks and Recreation Department
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q COUNTY OF SAN BERNARDINO
CONTRACT TRANSMITTAL
County O/.'p(Jrtrncnt
OFFICE OF COMMUNITY DEVELOPMENT
County Department Contract Representative
Budget Unit No.
Sub-Object No.
o Renewable 00 Terminates
Ph. Exl. 1705 Date:
Job No.
I Amount of Contract
MARIO L. VALENZUELA
Check One: 00 Expenditure
S.S.A. :::t
o Revenue
If contract has more than one payment or receipt,
complete the follo''Ving.
Number of payments:
Estimated amount of each: $
or Federal
Employer ID:!:
Contractor:
CITY OF SAN BERNARDINO
Contractor's Representative:
GARY VAN OSOFI
Address:
300 North "0" Street, San Bernardino, CA
92418
Phone: 383-5003
Nature of Contract: (Briefly describe the general terms of the contract)
The purpose of this contract is to enter into an agreement between the County of San
Bernardino and the City of San Bernardino for the purpose of utilizing Community Develop-
ment Block Grant (CDBG) funds for the construction of swimming facilities at the Mill
Center in the South Waterman area and for the purpose of funding a sanitary sewer extension
to serve the facil ity.
Cost of the pool is estimated at $200,000 to be shared equally by the City and the County.
The agreement also provides for an equal Sharing of the cost of the sewer extension,
which is estimated to be $54,000. In addition, the agreement sets forth the respective
responsibilities of each agency during the term of the project and the procedure fo~
reimbursement to the City by the County of project expenses.
(Attach this transmittal to all contracts not prepared on the "Standard Contract" form.)
Reviewed as to bud~let expenditure
.
County Administrative Office
Page 1 of
CONTRACT
1
THIS AGREEMENT is made and entered into this IAf~
2 day of ~II
1977, by and between the CITY OF
3 SAN BERNARDINO, a municipal corporation, hereinafter referred
4 to as "CITY" and the COUNTY OF SAN BERNARDINO, a body politic,
5 hereinaft~r referred to as "COUNTY".
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WIT N E SSE T H
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9 WHEREAS, CITY and COUNTY are desirous of providing recrea-
10 tional and community service programs to the residents of the
11 South Waterman area; and
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13 WHEREAS, both COUNTY and CITY recognize that the Mill
14 Center site is not located,within the COUNTY's designated
15 South Waterman target area but rather lies within the boundaries
16 of the CITY OF SAN BERNARDINO in close proximity to the target
17 d
area; an ,
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WHEREAS, COUNTY and CITY recognize that the South Waterman
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area has no swimming facility in the area and the installation
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of swimming facilities at the Mill Center would help meet the
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recreational needs of the community, particularly low-income
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minority groups in the area; and,
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WHEREAS, COUNTY and CITY have a mutual interest in
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providing necessary governmental services to and enhancing the
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quality of life of their residents, and recognize that the
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South Waterman community will continue to deteriorate (in terms
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of inadequate recreational activity) absent implementation of
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this project.
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WHEREAS, COUNTY and CITY jointly own all that real property
2 known as the Mill Street School Site, situated in the CITY OF
3 SAN BERNARDINO, COUNTY OF SAN BERNARDINO, State of Caifornia and
4 described as follows: East! and the North 424 feet of the
5 West! of, Lot 9, Block 55 of the twenty acre survey of Rancho
6 San Bernardino as per plot recorded in Book 7, Page 2 of Maps
7 in the Office of the Recorder of said County.
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NOW, THEREFORE, COUNTY and CITY, for and in consideration
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of the mutual promises and agreements herein contained, do agree
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as follows:
1. This Agreement is made pursuant to the provisions
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of Article 1, Chapter 5, Division 7, Title I of the Government
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Code of the State of California (commencing with Section 6500),
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relating to the joint exercise of powers common to public
16 agencies. The purpose of this contract is to evidence a joint
17 venture agreement between the COUNTY and CITY for purposes of
18 i providing Community Development Block Grant (CDBG) monies for
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19! the construction of the South Waterman Swimming Pool, including
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shower rooms, pool office, landscaping and related improvements.
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2.
For purposes of this agreement, CITY agrees to act as
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the Lead Agency and will make all progress payments due to
23 Contractor for construction of said Pool. All billings made
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by Contractor hereunder shall be apportioned by CITY fifty
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percent (50%) to CITY and fifty percent (50%) to COUNTY.
It is
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understood and agreed that payments shall be made by COUNTY to
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CITY upon the basis of cost-reimbursement. The CITY's request
for payment shall be accompanied by all pertinent source
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documentation (Contractor's request for payment, invoices,
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etc. ).
Said sums shall not be due and payable until 30 days
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after receipt of billing by COUNTY from CITY.
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3. COUNTY shall allocate to CITY that portion of community
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development money obtained by the COUNTY for the construction
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of the Mill Community Center Recreational Pool Development Pro-
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ject (hereinafter referred to as "POOL") of which $50,000 is
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budgeted in fiscal year 1976-77 and $50,000 in fiscal year
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1977-78. COUNTY shall allocate that portion of CDBG funds
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necessary to finance construction of the sewer line in accord-
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ance with Paragraph 7.
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4.
CITY shall provide $100,000 from the CITY's Community
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Development Block Grant funds for the construction of said
11 POOL and such other reasonable costs as specified in paragraph
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6. The CITY shall budget CDBG funds necessary to finance
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construction of the sewer line in accordance with Paragraph
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7.
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5.
CITY shall advance funds necessary for progress
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payments to the Contractor during fiscal year 1976-77, COUNTY
17 I shall reimburse the CITY in accordance with Paragraph 2 up to
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that amount budgeted in fiscal year 1976-77.
Reimbursement of
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the remainder due shall be made from funds budgeted in fiscal
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year 1977-78 allowing 90 days for payment by COUNTY from date
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of release of funds for said project from the Department of
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Housing and Urban Development
6.
The COUNTY shall pay fifty percent (50%) of the cost
of construction of a POOL, up to $100,000. The CITY shall
pay fifty percent (50%) of the cost of construction, of a POOL
up to $100,000. The COUNTY and CITY mutually agree to share
any additional reasonable costs incurred in the construction
of the POOL. The CITY agrees to obtain the COUNTY's approval
prior to any obligation of funds with regard to construction
of said POOL which would result in a total cost in excess
of $200,000. Any such action must be approved by the COUNTY
in advance, and the COUNTY's advance approval is a condition
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precedent to the COUNTY's obligation to reimburse the CITY
for any such added expense.
7. The COUNTY shall pay fifty percent (50%) of the cost
of construction of a sewer line, up to $27,000. The CITY
shall pay ,fifty percent (50%) of the cost of construction of
a sewer line up to $27,000. The COUNTY and CITY mutually agree
to share any additional reasonable costs incurred in the con-
struction of the sewer line. The CITY agrees to obtain the
COUNTY's approval prior to any obligation of funds with regard
to construction of said sewer line which would result in a
total cost in excess of $54,000. Any such action must be
approved by the COUNTY in advance, and the COUNTY's advance
approval is a condition precedent to the COUNTY's obligation
to reimburse the CITY for any such added expense.
8. As Lead Agency, CITY is responsible for conducting all
necessary services or activities necessary for completing .the
POOL project and for assuring that all work performed in
connection with the POOL project complies with the Community
Development Block Grant regulations, dated June 9, 1975, and
amended in 1976, Federal Management Circular 74-4 and 74-7,
Section 3 regulations of the Housing and Urban Development Act
of 1968 (Title 24, CFR 135) and all other federal and statutory
regulations applicable thereto. COUNTY reserves the right to
review and approve action and/or decisions related to all
applicable regulations.
9. CITY and COUNTY shall indemnify, hold harmless and
defend, the other, its officers, agents and employees against
all liability, claims, losses, demands and actions for injury
to or death of persons or damage to property arising out of or
alleged to arise out of or in consequence of this Agreement,
provided such liability, claims, demands, losses, or actions are
claimed to be due to the acts or omissions of either party, its
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officers, agents, or employees in the performance of this
2 Agreement.
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10. In addition, CITY shall indemnify, hold harmless,
4 and defend COUNTY against any liability, claims, losses, demands
5 and actions incurred by COUNTY as a result of a determination
6 by HUD that activities undertaken by CITY under this project
7 failed to comply with any laws, regulations, or policies applic-
8 able thereto or that any funds forwarded to CITY under this
9 agreement were improperly expended.
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11. COUNTY's performance obligations under this Agreement
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is limited to providing $100,000 of the COUNTY's CDBG funds
for construction of said POOL and up to $27,000 for the
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construction of a sewer line plus such additional reasonable
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costs as specified in Paragraphs 6 and 7.
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CITY shall provide $100,000 of its CDBG funds for said
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POOL and up to $27,000 for the construction of a sewer line
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plus such additional reasonable costs as specified in Paragraphs
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6 and 7; and in addition, shall be responsible for the
191 following:
20 A.
CITY shall provide recreation program staff at
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the facility, and integrate local recreational
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activities into the overall recreation program
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of the CITY.
B.
CITY shall maintain all buiilldings, grounds and
installed recreational equipment.
C.
CITY shall control use of all the buildings and
other facilities at said property as provided
in CITY's Ordinance 3326.
D.
All electric, gas and water utilities shall be
listed in the name of the CITY and paid by the
CITY.
12. All notices herein required shall be in writing and
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delivered in person or sent by certified mail, postage prepaid,
2 addressed as follows:
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CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
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300 North "D" Street
Office of Community Development
5
San Bernardino, CA 92410
1111 E. Mill Street
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San Bernardino, CA
92415
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13. This Agreement may be amended or modified only by
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written agreement signed by both parties and failure on the part
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of either party to enforce any provision of this Agreement shall
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not be construed as a waiver of the right to compel en~orcement
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of such provision or provisions, nor to act to release any
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surety from its obligation under this Agreement.
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IN WITNESS WHEREOF, the parties have caused this Agreement
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to be executed as of the day and year first written above.
By: ~~~ BY:~~
Chairman, Board of
Supervisors TITLE: Mayor Pro Tempore
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19 "COUNTY"
"CITY"
20 OFFICE OF COUNTY COUNSEL
OFFICE OF CITY ATTORNEY
~hl# 0
BY: ( , Ih~
DATED: ~ 2-, ~ /1/77
.
21
22 BY:
23 DATED:
24 Approved as to Form
Approved as to Form
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/kar/12-22-76
/kar/12-29-76 (revised)
/kar/3-9-77 (revised)
/kar/3-31-77 (revised)
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MINUTES OF THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
RE:AGREE. 1F77-215; OCDW/CITY OF SAN BDNO: COHM. BLOCK .GRANT FUNDS;
MILL CENTER; APPROVED .
Acting on the recotnlDendation of the Environmental Improvement Agency Admini-
strator, on motion by Supervisor Hansberger, duly seconded by Supervisor
Mayfield and carried, the Board of Supervisors hereby approves the contract
between the County and the City of San Bernardino providing for the joint
utilization of Community Development Block Grant funds for the construction
of swimming facilities at the Mill Center in the Souxh Waterman area and
funding a sanitary sewer extension to serve said facility. By the same
motion, the Board hereby authorizes its Chairman to sign said agreement
indicating this Board's approval of the terms and conditions therein con..
tained.
PASSED AND ADOPTED by the Board of Supervisors of the County
of San Bernardino, State of California, by the following vote:
AYES: SUPERVISORS: Mayfield, Kamansky ,Hansberger, Hammock, Townsend
NOES: SUPERVISORS: None
ABSENT: SUPERVISORS: None (j r).
*' 11> * * *' .
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SSe
I, LEONA RAPOPORT, Clerk of the Board of Supervisors of San Bernardino County, California, hereby certify the
foregoing to be a full, true and correct copy of the record of the action taken by said Board of Supervisors, by vote of
the members present, as the same appears in the Official 1\1inutes of said BoaAp~ri. mlr8i~g '1977
Daterj:4/ 19/77 j c r /1 r LEON A RAPOPORT
cc: EIA-Rlgney OCD-w/ cont . Clerk of said Board.
~it~t~/c~~~~nt. City of San :~~~..~~......u......._.................
14-835-103 Rev. 1/72 Deputy