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RESOLUTION(ID# 1449) DOC ID: 1449 G
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Nadeem Majaj M/CC Meeting Date: 01/23/2012
Prepared by: Linda Dortch, (909) 384-5140
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing an
Agreement Between the City of San Bernardino and the County of San Bernardino for
Participation in the San Bernardino County Sheriff Department's Prisoner Work Release
Program.
Financial Impact:
A $100 Contract Administsration fee will be due upon implementation of this Agreement.
Account Budgeted Amount: $522,600
Account No. 527 400-0001-5502
Account Description: Professional/Contractual Services
Balance as of 1/4/12: $350,259
Balance after approval of this item: $350,159
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt Resolution.
Synopsis of Previous Council Action:
On December 15, 2008 - Resolution 2008-456 - the Mayor and Common Council of the City of
San Bernardino authorized an Agreement between the City of San Bernardino and the County of
San Bernardino for participation in the San Bernardino County Sheriff Department's prisoner
work release program.
On October 17, 1994 - Resolution 94-329 - the Mayor and Common Council of the City of San
Bernardino authorized the first Amendment to the Agreement between the City of San
Bernardino and the County of San Bernardino for participation in the San Bernardino Sheriff
Department's prisoner work release program.
On June 18, 1990 - Resolution 90-219 - the Mayor and Common Council of the City of San
Bernardino authorized an Agreement between the City of San Bernardino and the County of San
Bernardino for participation in the San Bemardino County Sheriff Department's prisoner work
release program.
Backeround:
The City of San Bernardino Public Works Department regularly utilizes approximately 10-25
Updated: 1/19/2012 by Mayra Ochiqui G
1449
work release individuals to help with cleaning the City's Right-of-Ways, filling pot holes,
assisting Integrated Waste Management (IWM) drivers and performing other manual labor
duties. The efforts of the Work Release program's personnel mitigates some of the Public Works
staff workloads, which ultimately enables staff' to complete more tasks that would otherwise be
impossible to accomplish in a timely manner.
The San Bernardino County Sheriff's Department administers the Work Release program. The
current agreement with the County of San Bernardino Sheriffs Department will expire on
January 27, 2012. The County of San Bernardino Board of Supervisors is scheduled to approve
a new five (5)-year agreement with the City of San Bernardino during the week of January 24,
2012.
A $100 fee is required and would be due upon execution of the Agreement. The fee is included
in the Public Works Department budget.
Staff recommends that the Mayor and Common Council authorize the approval of the new Work
Release program contract in order for the City to continue to utilize Work Release program
individuals.
City Attorney Review:
Sunoortine Documents:
reso 1449 (PDF)
Exhibit A (PDF)
Updated: 1/19/2012 by Mayra Ochiqui G
ME
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF
3 SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO FOR
4 PARTICIPATION IN THE SAN BERNARDINO COUNTY SHERIFF
DEPARTMENT'S PRISONER WORK RELEASE PROGRAM.
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WHEREAS, The County of San Bernardino conducts and administers a work
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7 program, through the Sheriff Department under Penal Code Sections 4024.2 and 4024.3, for c
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8 the performance of work by persons committed to the custody of the Sheriff; and
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9 WHEREAS,staff recommends entering into a new Work Release Program Contract.
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11 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON d
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: in
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13 SECTION 1. The Mayor and Common Council of the City of San Bernardino is 0
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hereby authorized and directed to execute on behalf of said City a Work Release Program
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Contract between the City of San Bernardino and the County of San Bernardino Sheriff's
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17 Department, a copy of which is attached hereto marked Exhibit A and incorporated herein by `o
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18 reference as fully as though set forth at length. d
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19 SECTION 2. This contract shall take effect immediately upon the execution of said $
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contract by all parties thereto.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF
2 SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO FOR
PARTICIPATION IN THE SAN BERNARDINO COUNTY SHERIFF
3 DEPARTMENT'S PRISONER WORK RELEASE PROGRAM.
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a meeting
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thereof,held on the_day of 2012,by the following vote, to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
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10 MARQUEZ 0
11 JENKINS o
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BRINKER z
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14 SHORETT m
15 KELLEY
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16 JOHNSON
17 MCCAMMACK
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20 Rachel G. Clark, CMC,City Clerk o
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21 The foregoing resolution is hereby approved this day of 2012.
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23 Patrick J. Morris,Mayor
24 City of San Bernardino
25 Approved as to form:
JAMES F. PENMAN,
26 City Attorney
27 By:
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FOR COUNTY USE ONLY
New Vendor Code Depl. Contract Number
Change SC A
r_l Cancel
County Department Dept. Orgn. Contractors License No,
SHERIFF SHR SHR
County Department Contract Representative Telephone Total Contract Amount
County of San Bernardino GREG GARLAND,CAPTAIN (909)387-0640 $
F A S Contract Type
avenue Encumbered r 1 U mbered F-1 Other.
STANDARD CONTRACT If not encumbered or revenue contract e,provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount E
1127/12 1/26/17 $ $ o
Fund I Dept. Organization Appr. ObyRev Source GRC/PROJ/JOB No Amount y
AAA SHR SHR 9970 WORKREL $ w
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount y
$
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount x
Project Name Estimated Payment Total by Fiscal Year
$ 3
Work Release FY Amount I/D FY Amount IID
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Program
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THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter calle, m
the County, and to
Name O
City of San Bernardino hereinafter called CONTRACTOR a
Address
300 North D Street
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San Bernardino, CA 92418 0
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Telephone Federal ID No.or Social Severity No. j
(909)384-5188
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered,amount to be paid,mannerof payment,time forperformance or comp/etiol a
determination of satisfactory performance and cause for termination,other terms and conditions,and attach plans,specifications,and addenda,if any.) K
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WITNESSETH
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WHEREAS, The County of San Bernardino, hereinafter referred to as COUNTY, conducts and administers a o
work program, through the Sheriffs Department, hereinafter referred to as SHERIFF, under Penal Code Sections um
4024.2 and 4024.3, for the performance of work by persons committed to the custody of the SHERIFF. ¢
WHEREAS, the CONTRACTOR desires that participants in said work program be placed with it for work under
the direction and control of the CONTRACTOR,
NOW, THEREFORE, it is hereby agreed as follows:
Auditor/Controller-Recorder Use Only
D Contract Database O FAS
Input Date Keyed By
Pow 1 of 7
PacketPg.74
1. SHERIFF may place inmates performing work under the aforesaid program with th
CONTRACTOR. The number of participants shall depend upon the work available and the ability c
the CONTRACTOR to administer and control the work program.
2. On placement of persons under this agreement by the SHERIFF with the CONTRACTOR, the wor
of the participants will be under the direct supervision and control of the CONTRACTOR and wi
not be under the supervision or control of the SHERIFF.
3. CONTRACTOR will assign a Crew Supervisor to oversee the inmates assigned to its agency.
4. CONTRACTOR will be supplied with a Crew Supervisor Instruction Booklet by staff of the Wor
Release Program. e
5. CONTRACTOR shall ensure that each Crew Supervisor does not fraternize with, engage service o'
of, accept services from, do favors for, or engage in a romantic, intimate or sexual relationship wit
participants.
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6. CONTRACTOR shall pay to COUNTY a one hundred dollar($100) contract administration fee upoi `o
implementation of this contract. 3
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7. The work performed by program participants will consist of manual labor to improve or maintaii o
levees or public facilities, including, but not limited to streets, parks, and schools and/or manus
labor as approved by the SHERIFF. N
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8. CONTRACTOR shall ensure the work, supervision, and treatment of the participants shall in a L)
ways conform to applicable law, including but not limited to, California Penal Code Sections 4024.: y
and 4024.3. rn
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9. The CONTRACTOR will not provide any security guards and the CONTRACTOR's employee(s
working with participants will not physically restrain any participants that might leave the work area
The SHERIFF will be notified by the end of the day of any participants who did not arrive fc `o
scheduled work assignment or left the work area without permission. .N
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10. The CONTRACTOR will provide transportation for participants working under this agreement to an
from the work sites, as needed, from pickup points agreed to between the SHERIFF and th- a
CONTRACTOR. a
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11. Equipment operations will be performed only by qualified CONTRACTOR's employees, with th- w
exception of small power equipment such as weed trimmers, power lawn mowers and hedge v
trimmers. Work participants must demonstrate proficiency with such tools to the satisfaction of th E
CONTRACTOR before being allowed to operate said tools. CONTRACTOR must provid, m
necessary safety equipment (such as eye, toe, and shin guards) as required by the California C
Occupational Safety and Health Administration while participants are operating any equipment. A
with all other aspects of this contract, CONTRACTOR assumes all defense and liability for an
injuries or damage which may occur while participants are operating power equipment.
12. The CONTRACTOR will provide work program participants with safety equipment such as signs
hard hats and red vests, required to safely perform any work assigned under this contract.
13. The CONTRACTOR's employees will provide safety instructions, explain the work to be done, ani
direct the work of program participants placed under this contract.
Revised 1/13/2009
14. In the event that an injury to a participant occurs, the CONTRACTOR shall be responsible fc
completing an inmate injury report and submitting it to the Work Release Officer at Glen Helei
Rehabilitation Center. The SHERIFF will be responsible for paying all medical bills and the subjec
CONTRACTOR agrees to reimburse SHERIFF for any and all costs incurred as they relate to th
reported injury. SHERIFF is not required to provide worker's compensation coverage for inmafi
work release program participants pursuant to Penal Code Sections 4024.2 and 4024.3. However
should an injured participant successfully pursue a worker's compensation or liability Iawsu
through either venue, the CONTRACTOR shall pay all legal and adjusting expenses and an
awards settlements or judgments.
15. The term of this contract shall be for a period of five years commencing upon its execution by th, m
San Bernardino County Board of Supervisors. Notwithstanding the foregoing, this contract may bi
terminated at any time, with or without cause, by CONTRACTOR or by SHERIFF, upon writtei 0`
notice given to the other party at least thirty (30) days prior to the date specified for sai- a m
termination. In the event of such termination, each party shall fully pay and discharge a d
obligations in favor of the other, accruing prior to the date of such termination, and each party sha 6
be released from all obligations or performance which would otherwise accrue subsequent to th. x
date of termination. Notwithstanding the foregoing, COUNTY may terminate this contract at an g
time, without advance notice to CONTRACTOR, in the event CONTRACTOR fails to comply wit 3
any term of this agreement. m
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16. NOTICES - Any notice required under this contract shall be deemed given when personall
delivered or deposited in the U.S. mail, certified, postage prepaid, addressed as follows: N
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CONTRACTOR: City of San Bernardino v
300 North D Street N
San Bernardino, CA 92418
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COUNTY: San Bernardino County Sheriffs Department —
Bureau of Administration/Contracts Unit
P.O. Box 569 c
San Bernardino, CA 92402-0569 A
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17. INDEMNIFICATION - The CONTRACTOR agrees to indemnify, defend (with counsel reasonabl
approved by County) and hold harmless the County and its authorized officers, employees, agent a
and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of thi t
contract from any cause whatsoever, including the acts, errors or omissions of any person and to w
any costs or expenses incurred by the County on account of any claim except where sucl ;;
indemnification is prohibited by law. This indemnification provision shall apply regardless of thi
existence or degree of fault of indemnities. E
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Severability of Interests — The CONTRACTOR agrees to ensure that coverage provided to mee
these requirements is applicable separately to each insured and there will be no cross liabilit
exclusions that preclude coverage for suits between the CONTRACTOR and the County e
between the County and any other insured or additional insured under the policy.
Acceptability of Insurance Carrier — Unless otherwise approved by Risk Management, insurano
shall be written by insurers authorized to do business in the State of California and with a minimur
"Best" Insurance Guide rating of"A-VII".
Deductibles and Self-Insured Retention — Any and all deductibles or self-insured retentions ii
excess of$10,000 shall be declared to and approved by Risk Management.
Revised 1/13/2009
Failure to Procure Coverage- In the event that any policy of insurance required under this contrac
does not comply with the requirements, is not procured, or is canceled and not replaced, th
County has the right but not the obligation or duty to cancel the contract or obtain insurance if
deems necessary and any premiums paid by the County will be promptly reimbursed by th
CONTRACTOR or County payments to the CONTRACTOR will be reduced to pay for Count
purchased insurance.
18. INSURANCE - The CONTRACTOR agrees to provide insurance set forth in accordance with th
requirements herein. If the CONTRACTOR uses existing coverage to comply with thes E
requirements and that coverage does not meet the specified requirements, the CONTRACTOF
agrees to amend, supplement or endorse the existing coverage to do so. The type(s) of insurance e
required is determined by the scope of the contract services. a
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Without in any way affecting the indemnity herein provided and in addition thereto, thl m
CONTRACTOR shall secure and maintain throughout the Contract the following types of insuranc, m
with limits as shown: Y`o
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A. Workers' Compensation/Emplovers Liability - A program of Workers' Compensatioi a
insurance or a State-approved Self-Insurance Program in an amount and form to meet a °
applicable requirements of the Labor Code of the State of California, including Employer' a
Liability with $250,000 limits, covering all persons providing services on behalf of thl y
CONTRACTOR and all risks to such persons under this Contract. u
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If CONTRACTOR has no employees, it may certify or warrant to County that it does nc
currently have any employees or individuals who are defined as "employees" under th
Labor Code and the requirement for Workers' Compensation coverage will be waived by thi
County's Director Risk Management.
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With respect to CONTRACTORS that are non-profit corporations organized under Californi; :LA
or Federal law, volunteers for such entities are required to be covered by Worker: d
Compensation insurance. If the County's Risk Manager determines that there is n, z
reasonably priced coverage for volunteers, evidence of participation in a voluntee a
insurance program may be substituted. t
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B. Commercial/General Liability Insurance — The CONTRACTOR shall carry General Liabilit c
Insurance covering all operations performed by or on behalf of the CONTRACTOF E
providing coverage for bodily injury and property damage with a combined single limit of nc
less than one million dollars ($1,000,000), per occurrence. The policy coverage sha 5
include: a
(1)Premises operations and mobile equipment.
(2) Products and completed operations.
(3) Broad form property damage (including completed operations).
(4) Explosion, collapse and underground hazards.
(5) Personal injury.
(6) Contractual Liability.
(7) $2,000,000 general aggregate limit.
C. Automobile Liability Insurance — Primary insurance coverage shall be written on IS(
Business Auto coverage form for all owned, hired and nonowned automobiles or symbol
Revised 1/1312009
(any auto). The policy shall have a combined single limit of not less than one million dollar
($1,000,000)for bodily injury and property damage per occurrence.
If the CONTRACTOR is transporting one or more non-employee passengers in performance
of contract services, the automobile liability policy shall have a combined single limit of tw
million dollars ($2,000,000)for bodily injury and property damage per occurrence.
If CONTRACTOR owns no autos, a non-owned auto endorsement to the General Liabilit
policy described above is acceptable.
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D. Umbrella Liability Insurance —An umbrella (over Primary) or excess policy may be used b e
comply with limits or other primary coverage requirements. When used, the umbrella polic i
shall apply to bodily injury/property damage, personal injury/advertising injury and sha m
include a "dropdown" provision providing primary coverage for any liability not covered b m
the primary policy. The coverage shall also apply to automobile liability.
E. Proof of Coverage - CONTRACTOR shall immediately furnish certificates of insurance t, 3
the SHERIFF evidencing the insurance coverage, including endorsements, above require) a
prior to the commencement of performance of services hereunder, which certificates sha c
provide that such insurance shall not be terminated to expire without thirty (30) days writtei
notice to the SHERIFF, and CONTRACTOR shall maintain such insurance from the tim,
CONTRACTOR commences performance of services hereunder until the completion c y
such services. Within sixty (60) days of the commencement of this contract u
CONTRACTOR shall furnish certified copies of the policies and all endorsements. m
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F. Insurance Review- The above insurance requirements are subject to periodic review by thl v
COUNTY. The County's Risk Manager is authorized, but not required, to reduce or waiv
any of the above insurance requirements whenever the Risk Manager determines that an
of the above insurance is not available, is unreasonably priced, or is not needed to protec
the interests of the COUNTY. In addition, if the Risk Manager determines that heretofon 2
unreasonably priced or unavailable types of insurance coverage or coverage limits becom, f
reasonably priced or available, the Risk Manager is authorized, but not required, to change z
the above insurance requirements to require additional types of insurance coverage c a
higher coverage limits, provided that any such change is reasonable in light of past claim a
against the COUNTY, inflation, or any other item reasonably related to the COUNTY's risk.
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Any such reduction or waiver for the entire term of the contract and any change requirin c
additional types of insurance coverage or higher coverage limits must be made b E
amendment to this contract. CONTRACTOR agrees to execute any such amendmer
within thirty (30)days of receipt. x
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G. The CONTRACTOR may accomplish the insurance requirements herein through a Stab
approved self-insurance program.
19. The Sheriff of San Bernardino County shall have the authority to exercise the COUNTY's rights an,
authority under this contract, including the right to give notice of termination of this contract, at hi.
sole discretion.
20. This contract represents the full and complete understanding of the parties with respect to the
subject matter hereto, and this contract supersedes all prior oral and written agreements c
understanding between the parties with respect to the subject matter hereto. This contract shall bi
Revised 1/13/2009
governed by the laws of the State of California. Venue for any lawsuit pertaining to this contrac
shall be Superior Court of California, County of San Bernardino, San Bernardino District. An
amendment to this contract shall be in writing signed by both parties.
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Revised 1113/2009
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COUNTY OF SAN BERNARDINO City of San Bernardino
(Print or type name of corporation,company,contractor,etc.) m
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► By ' ou
Josie Gonzales, Chair, Board of Supervisors (authorized signature-sign in blue ink) Q
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Dated: Name t
(Print w type name o/person signing contact) w
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE Title a
CHAIRMAN OF THE BOARD (Print wType) E
Laura H. Welch Dated: v
Clerk of the Board of Supervisors «°•
of the County of San Bernardino
By Address 300 North D Street
Deputy
San Bemardino, CA 92418
Approved as to Legal Form Revievred by Contract Compliance Presented to BOS for Signature
► ' '
County Counsel,Steven Singley,Deputy Department Head
Date - Date Date
Revised 1113/2009