HomeMy WebLinkAbout05.E- Police RESOLUTION (ID #2564) DOC ID: 2564 B SE
(4001 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Robert Handy M/CC Meeting Date: 07/15/2013
Prepared by: Debi Shuker, (909) 384-5742
Dept: Police Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
City Manager to Execute an Animal Housing Agreement by and Between the City of San
Bernardino and the City of Loma Linda for the Period of August 1, 2013 through July 31, 2014.
(#2564)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account budeted Amount: $0
Account No. 124-210-0000-4757
Account Description: Contracted Shelter Fee Revenue Account
Balance as of 06/17/13: $0
Balance after approval of this item: $0
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 the Resolution.
Synopsis of Previous Council Action:
2-21-2012 Resolution No. 2012-27 authorizing Housing Agreements with the cities of
Fontana, Colton, and Loma Linda approved by Council.
Background:
The City of San Bernardino has provided a comprehensive animal care and control program for
the Cities of Fontana and Loma Linda, and animal housing services for the City of Colton for
over 11 years. Colton and Fontana now only require housing services only because they have
their own field services department, while Loma Linda requires housing and field services.
Recently, Loma Linda acquired the ability to provide their own field services and, therefore, is
seeking animal housing services only at this time.
The City of Loma Linda is requesting a one-year contract agreement commencing on August 1,
2013, and terminating on July 13, 2014. This Agreement may be extended up to two years at the
discretion of the City Manager and the acquiescence of the Service Provider.
The City of Loma Linda agrees to compensate the City of San Bernardino $66,017.00 for
services and work products as defined in Exhibit 1 for the period of August 1, 2013, through July
31, 2014. Additionally, the City of Loma Linda agrees to pay a Shelter Improvement Fee equal
Updated: 7/9/2013 by Linda Sutherland B Packet Pg.239
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2564
to 15% or $9,903 of the Service Fee for animal shelter improvements. These changes will result
in a $40,738.00 decrease of the current contract fees as well as a $8,936.00 decrease in shelter
improvement fees.
Animal Control Proposed Contract
Current Contract Proposed Contract
Loma Linda $106,755.00 $66,017.00
Animal Control Shelter Improvement Fees
Current Contract Proposed Contract
Loma Linda $18,839.00 $9,903.00
City Attorney Review:
Supporting Documents:
Resolution (PDF)
Ex. A-Loma Linda Housing Agreement (PDF)
Updated:7/9/2013 by Linda Sutherland B
4.E.a
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN
3 ANIMAL HOUSING AGREEMENT BY AND BETWEEN THE CITY OF SAN
4 BERNARDINO AND THE CITY OF LOMA LINDA FOR THE PERIOD OF AUGUST
1,2013 THROUGH JULY 31, 2014.
5 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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8 SECTION 1. The City Manager is hereby authorized and directed to execute on
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9 behalf of said City, an Animal Housing Agreement with the City of Loma Linda, copy of a
10 Which is attached hereto as Exhibit "A" and incorporated herein as though fully set forth at N
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11 length. _
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SECTION 2. The authorization to execute the above referenced Agreement is Q
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14 rescinded if it is not fully executed within sixty(60)days of the passage of this Resolution.
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Packet Pg.241
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4.E.a
Q 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN
2 ANIMAL HOUSING AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND THE CITY OF LOMA LINDA FOR THE PERIOD OF AUGUST
3 1,2013 THROUGH JULY 31,2014.
4 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 , 2013, by the following vote,to wit:
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8 Council Members: AYES NAYS ABSTAIN ABSENT E
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9 MARQUEZ a
10 S
JENKINS
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12 VALDIVIA ia
13 SHORETT
14 KELLEY
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15 JOHNSON
16 MCCAMMACK LO
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19 Georgeann Hanna, City Clerk
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2p The foregoing resolution is hereby approved this day of ,2013.
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Patrick J. Morris, Mayor
23 City of San Bernardino
Approved as to form:
24 JAMES F. PENMAN,
25 City Attorney
26 By: �; �
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FPacket Pg.242
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Exhibit A
ANIMAL HOUSING SERVICE AGREEMENT BETWEEN THE CITY OF LOMA LINDA AND THE CITY OF SAN
BERNARDINO
THIS AGREEMENT ("Agreement") is made this 15i day of August 2013, between the City of Loma
Linda, a municipal corporation (herinafter"Loma Linda")and the City of San Bernardino,a municipal
corporation (hereinafter"San Bernardino'). Loma Linda and San Bernardino may herein be referred to
individually as a "Party" or collectivley as the"Parties."
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WHEREAS, Loma Linda desires to provide for its citizens animal housing services;and E
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WHEREAS, San Bernardino has the knowledge, skills, resources,and experience that qualify it to
provide those animal housing services for Loma Linda; a,
NOW,THEREFORE,IN CONSIDERATION OF THE MUTUAL PROMISES,COVENANTS,AND CONDITIONS o
CONTAINED HEREIN,THE PARTIES MUTUALLY AGREE THAT: _
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1. Scope of Services.San Bernardino will impound,care for and dispose of animals delivered to the =
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San Bernardino Animal Shelter by residents of or official representatives of Loma Linda 1°
according to the provisions of this Agreement.
2, impounding and Disposal of Animals. San Bernardino shall,through its Animal Control m
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Department, accept, impound and dispose of dogs, cats or other animals,which are delivered to �
the San Bernardino Animal Shelter, located at 333 Chandler Place,San Bernardino, California, or
other designated location, by an agent,officer,employee or resident of Loma Linda. San N
Bernardino shall,for and on behalf of Loma Linda, pursuant to applicable laws, release to owner,
adopt, humanely destroy,or otherwise dispose of all animals received. No domesticated animal E
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shall be disposed of without an attempt to notify the owner, if the owner is known by San L
Bernardino.San Bernardino shall not provide for emergency veterinary care.Loma Linda is Q
responsible for the transporting and seeking appropriate emergency treatment for ill and/or c'
injured animals(including euthanasia).
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3, Holding Periods. No dog, cat or other domesticated animal shall be disposed of before the time =
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allotted under state law, After the required holding period,the animal becomes the property of
San Bernardino and San Bernardino is authorized to dispose of the animal in any manner —J
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permitted by state law. Animals requested by Loma Linda to be held longer than the minimal E
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holding period required by state law,other than rabies quarantine,shall additionally be charged
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the prevailing Daily Board Fee, as set by City of San Bernardino Resolution (such instances shall k
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include, but not be limited to: animals held as"evidence" in cruelty or other court cases).
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Rabies quarantined animals will be held for ten (10)calendar days from the date of the bite with d
no additional charge to Loma Linda.
4. Warranty of Lawful Apprehension. Loma Linda warrants to San Bernardino that all animals w
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impounded by its agents, employees or other authorized representatives have been legally
apprehended and impounded pursuant to existing state laws.
5. Consideration.
a. Subject to Section 5e. Loma Linda shall pay to San Bernardino a service fee of$66,017
for animal housing services.Additionally, Loma Linda shall pay a Shelter Improvement
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PackM pg.243
Exhibit A
ANIMAL HOUSING SERVICE AGREEMENT BETWEEN THE CITY OF LOMA LINDA AND THE CITY OF SAN
BERNARDINO
Fee equal to 15%or$9,903 of the Service Fee for animal shelter improvements. The
total contract amount is equal to the sum of the Service Fee and the Shelter
Improvement Fee,or$75,920 for the first fiscal year. San Bernardino shall present an
invoice on or before the tenth day of each month for the amount due. Loma Linda shall
pay said invoice no later than the last day of the month in which billed. _
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b. Loma Linda shall promptly review invoices and notify San Bernardino of any objection E
thereto; absent such objection in writing within ten (10)calendar days of the date of the rn
invoice,the invoice shall be deemed proper and acceptable. a
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c. If Loma Linda fails to pay San Bernardino within thirty(30)calendar days after the
invoice is submitted, Loma Linda agrees that San Bernardino shall have the right,after
written notice to Loma Linda, to consider such default in payment a material breach of
the entire agreement. Loma Linda shall have ten (10) calendar days following the date of E
such written notice within which to correct such breach. If Loma Linda continues to fail a
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to make payment,the duties,obligations and responsibilities of San Bernardino under c
this Agreement are terminated.Such termination by San Bernardino does not release J
Loma Linda from the obligation to pay San Bernardino for services rendered according E
to Section 5(a)above.
d. Loma Linda may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Loma Linda must give written notice to San Bernardino
within ten (10)calendar days of the date of issuance of the disputed invoice if Loma
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Linda is disputing any sum under Section S(a).Such withholding shall not be deemed to
constitute a failure to pay as that term is used in Section 5(c). San Bernardino shall have a,
the right of appeal to the Mayor and City Council of Loma Linda with respect to such a
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disputed sums.The determination of the Mayor and City Council of Loma Linda with w
respect to such matter shall be final for administrative purposes,subject to any civil
proceeding discussed below.San Bernardino shall be entitled to receive interest on any
improperly withheld sums at the rate of seven percent(7%)simple per annum from the
date of withholding of any amounts found to be improperly withheld. For any disputed M
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sum, either party may attempt to collect a debt through a civil proceeding. J
e. The compensation fee or payment amount for services rendered herein can be adjusted a
annually based on operating costs on August 1, not more than 3%. w
6. Deputization. San Bernardino Animal Control officers,agents or employees shall be authorized c
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to collect Loma Linda's license, apprehension, and related penalty fees at the City/Animal E
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Shelter,as directed by Loma Linda,for all animals received under this Agreement. San
Bernardino shall provide all animal impound records and release forms to Loma Linda as a
requested.
7. Funds Collected by San Bernardino. License deposits collected by San Bernardino for Loma
Linda in connection with this Agreement shall be paid to Loma Linda on or before the twentieth
calendar day of each month following collection. Fees for adoption,micro-chipping, daily board,
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Packet Pg.2,U
Exhibit A
ANIMAL HOUSING SERVICE AGREEMENT BETWEEN THE CITY OF LOMA LINDA AND THE CITY OF SAN
BERNARDINO
vaccination,euthanasia and release shall be retained by San Bernardino. Rabies vaccination
deposits shall be refunded to the depositor upon presentation of proof of vaccination.
8. Loma Linda's Indemnification. Loma Linda agrees and promises to indemnify,defend and hold
harmless San Bernardino, its officers,employees and agents,from and against any and all
actions, causes of action, claims, demands, lawsuits,costs and expenses,and liability for
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damages to persons or property that may be asserted or claimed by any person,firm,entity, E
corporation, political subdivision,or other organizations arising out of, or in connection with,
the performance of this Agreement,excluding such actions, claims,demands, lawsuits and a
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liability for damages to persons or property arising from the sole negligence or willful N
misconduct of San Bernardino, its officers,employees or agents.Said sums shall include, in the
event of legal action,court costs, expenses of litigation,and reasonable attorney's fees.The
costs,salary, and expenses of the San Bernardino City Attorney and members of his or her office E
or retained counsel shall be considered as"attorney's fees"for the purposes of this paragraph. a
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9. San Bernardino's Indemnification. San Bernardino agrees and promises to indemnify, defend, c
and hold harmless Loma Linda, its officers,employees and agents,from and against any and all 'c
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actions,causes of action,claims,demands, lawsuits, costs and expenses,and liability for E
damages to persons or property that may be asserted or claimed b an
g p p p y y y y person,firm, entity,
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corporation, political subdivision, or other organizations arising out of, or in connection with, m
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the performance of this Agreement,excluding such actions, claims,demands, lawsuits and
liability for damages to persons or property arising from the negligence or willful misconduct of
Loma Linda, its officers,employees or agents.Said sums shall include, in the event of legal CD
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action,court costs,expenses of litigation, and reasonable attorney's fees.The costs, salary and
expenses of the Loma Linda City Attorney and members of his or her office or retained counsel
shall be considered as"attorney's fees"for the purposes of this paragraph. y
10. Warranty. San Bernardino makes no warranty,either express or implied,as to its finding, 0
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recommendations, plans, reports, professional advice or other work except that the work will be
performed in accordance with generally accepted standards of practice in effect at the time of
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such performance. f°
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11, Worker's Compensation Insurance.San Bernardino is permissibly self-insured under the J
Worker's Compensation laws of the State of California and will provide worker's compensation a
coverage for its employees and will ensure that the employees of any of its subcontractors are w
covered by worker's compensation insurance in an amount and form to meet all applicable
requirements of the laws of the State of California. Loma Linda shall not provide worker's E
compensation insurance for any San Bernardino employee, agent or subcontractor operating w
under the terms of this Agreement under any circumstances whatsoever. Furthermore, Q
notwithstanding any other provision set forth herein, Loma Linda shall not indemnify,defend or
hold harmless San Bernardino, its officers,employees,agents or subcontractors for worker's
compensation claims.
12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or
transfer this Agreement or any interest therein directly or indirectly, by operation of state law or
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Packet Pg.245
Exhibit A
ANIMAL HOUSING SERVICE AGREEMENT BETWEEN THE CITY OF LOMA LINDA AND THE CITY OF SAN
BERNARDINO
otherwise without the prior written consent of Loma Linda.Any attempt to do so without said
consent shall be null and void,and any assignee, subleasee, hypothecate or transferee shall
acquire no right or interest by reason of such attempted assignment, sublease, hypothecation or
transfer.
13. Anti-Discrimination. San Bernardino certifies and agrees that all persons employed by San
Bernardino are and will be treated equally by San Bernardino without regard to or because of E
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race, religion, ancestry, national origin, handicap, or sex and in compliance with State and a,
Federal Anti-Discrimination Laws. Q
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14. Independent Contractor.San Bernardino shall be an independent contractor and not an
employee of Loma Linda nor shall any of San Bernardino's employees, agents or subcontractors
operating under this Agreement be an employee of Loma Linda.
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15. Conflict of Interest. E
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a. San Bernardino or its employees may be subject to the provisions of the California a
Political Reform Act of 1974(the "Act"),which (1) requires such persons to disclose =
financial interests that may be materially affected by the work performed under this —'
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Agreement,and (2) prohibits such persons from making or participating in making E
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decisions that will foreseeably financially affect such interest. J
b. San Bernardino shall conform to all requirements of the Act. Failure to do so constitutes
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a material breach and in grounds for termination of the Agreement by Loma Linda.
16. Term and Termination.
a. The term of this Agreement shall be for one(1)year,commencing on August 1, 2013, E
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and terminating on July 31, 2014.This Agreement may be extended up to two years at
the discretion of the City Manager and the acquiescence of the Service Provider, a
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b. If a new Agreement has not been negotiated prior to the termination date,then San N
Bernardino may continue to provide the terms of service in this Agreement for the
monthly contract amount of the final contracted invoice, plus an additional twenty five a
percent(25%)of the invoice. _
c. This Agreement maybe terminated by either party upon thirty(30) calendar days E
written notice. In the event of termination,San Bernardino shall be paid for the work 0
performed under this Agreement to the date of termination. Q
17. Invalidation. in the event any provision of this Agreement is held to be invalid and w
unenforceable,the remaining provision of this Agreement shall remain valid and binding on the c
Parties thereto. m
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18. Notices.A notice required or desired to be given pursuant to this Agreement shall be given in
writing and sent by certified mail, return receipt requested,addressed as follows: Q
Loma Linda San Bernardino
Konrad Bolowich Captain Raymond King
25541 Barton Road 710 N D Street
Loma Linda,Ca.92354 San Bernardino,Ca.92408
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Packet Pg.246
Exhibit A
ANIMAL HOUSING SERVICE AGREEMENT BETWEEN THE CITY OF LOMA LINDA AND THE CITY OF SAN
BERNARDINO
Any notice so given shall be considered served on the other Party three(3) days after the date of
mailing.The address for the notice may be changed by giving written notice of such change
pursuant to this paragraph.
19. Attorney Fees. In any litigation relating to this Agreement,the prevailing Party shall be entitled
to reasonable attorney fees.The costs, salary and expenses of any in-house counsel and/or the E
City Attorney and members of his/her office or retained counsel shall be considered as m
"attorney fees" for the purpose of this paragraph. Q
20. Entire Agreement.This contract constitutes the entire Agreement between Loma Linda and San
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Bernardino and may be modified only by further written agreement between the Parties
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through their respective authorized bodies. _
21. Construction of Provisions and Titles.All titles or subtitles appearing in this Agreement have E
been inserted for convenience and shall not be deemed to affect the meaning of construction of Q
any of the terms or provision of such Agreement.
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IN WITNESS WHEREOF,the Parties hereto have accepted, made and executed this Agreement upon E
the terms,conditions and provisions above stated,on the day and year set forth above. o
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CITY OF LOMA LINDA CITY OF SAN BERNARDINO
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A Municipal Corporation A Municipal Corporation
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By-. By:
City Manager City Manager
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Attest: Attest:
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City Clerk City Clerk Q
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Approved as to Form: Approved as Form:
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City Attorney City Attorney
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