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RESOLUTION(ID#2612) DOC ID, 2612
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CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: 'Tony Frossard M/CC Meeting Date: 08/05/2013
Prepared by: Leon E. Schrader, (909) 384-
5140
Dept: Public Works Ward(s): All
Subject:
A Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of an Agreement and Issuance of an Annual Purchase Order in the Amount of$55,000
with Three (3) One-Year Extensions at the City's Option to Los Angeles Freightliner of Fontana
Pursuant to Section 3.04.010-133 of the Municipal Code. (#2612)
Current Business Registration Certificate: No
Financial Impact:
Account Budgeted Amount: $1,182,300 Account No. 635-400-0100-5111
Account Description: Material and Supplies
Balance as of: 7/17/2013
Balance after approval of this item: $1,127,300.
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:
On June 17, 2013 Item 2528 Resolution 2013-113 - Resolution of the Mayor and Common
Council of the City of San Bernardino Authorized a $20,000.00 Increase to Annual Purchase
Order Number 2013-00000107 to Los Angeles Freightliner of Fontana for the purchase of
specific equipment parts and supplies utilized by the Public Works Department Fleet
Management Division.
On April 19, 2010 Resolution 2010-75 - The Mayor and Common Council of the City of San
Bernardino authorized an agreement and increased annual purchase order 210060 in the amount
of$10,100 pursuant to section 3.04.010-133 of the Municipal Code with three single year renewal
options to Los Angeles Freightliner of Fontana for the purchase of specific equipment parts and
supplies utilized by the Public Works Department Fleet Management Division.
Background:
Los Angeles Freightliner of Fontana is the nearest authorized dealership for Autocar truck parts.
The Autocar WXLL64 model chassis makes up the majority of the City's Refuse fleet. All of
the City's model year 2000 and newer refuse trucks have the Autocar chassis; sixty three (63) of
them are Liquefied Natural Gas (LNG) powered. The Fleet Management Division projects that
an additional $20,000 annually is necessary to cover the costs of keeping these trucks
operational, due to an aging Fleet that requires more frequent repairs. The fleet has reached an
Updated:7/24/2013 by Telicia Lopez
2612
age where many maintenance items have come due this fiscal year, also increased component
failure and breakdowns require additional expenditures. These repairs are compounded by the
large number of trucks with identical failures requiring the purchase of similar replacement parts.
A partial list is shown below:
1. 1 Compressed Natural Gas(CNG)part at$750 each.
2. 4 Ignition Control Modules at$1500 each. Total = $6000
3. 34 Ignition Coils and Boots at$155 each. Total= $5270
4. 10 Oxygen Sensors at$250 each. Total=$2000
5. 6 Coolant Sight Glass and Temp Sensors at$400 each. Total= $2400
6. 4 Torque Rods at$500 each. Total=$2000
7. 10 Water Pumps at$125 each. Total= $1250
8. 4 Shock Absorbers at$50 each. Total=$200
9. 10 Fan Clutches at$500 each. Total = $5000
10. 12 Fan Blades at$160 each. Total $1920
11. 7 A/C compressor jobs at$1100 each. Total = $7700
12.2 Air brake components at$450 each. Total= $900
City Attorney Review:
Supporting Documents:
reso 2612 (PDF)
agrmt 2612 (PDF)
Updated:7/24/2013 by Telicia Lopez
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RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
4 AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF
$55,000 WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO
5 LOS ANGELES FREIGHTLINER OF FONTANA PURSUANT TO SECTION
3.04.010-B3 OF THE MUNICIPAL CODE.
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7 WHEREAS, Los Angeles Freightliner of Fontana is the nearest authorized dealership
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for Autocar truck parts;and
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WHEREAS,the City of San Bernardino requires multiple Autocar truck parts to keep
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11 its fleet running and operational.
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12 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
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13 CITY OF SAN BERNARDINO AS FOLLOWS:
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14 N SECTION 1. The City Manager of the City of San Bernardino is hereby authorized r
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to execute on behalf of said City an Agreement between the City of San Bernardino and Los N
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17 Angeles Freightliner, a copy of which is attached hereto, marked as Exhibit "A", and 0
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18 incorporated herein by this reference as fully set forth at length.
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19 SECTION 2. That pursuant to this determination the Director of Finance or his
20 designee is hereby authorized to increase and issue an Annual Purchase Order to Los Angeles a
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Freightliner for a total amount not to exceed$55,000.
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23 SECTION 3. The Purchase Order shall reference this Resolution No. and shall read,
24 "Los Angeles Freightliner for the purchase of refuse vehicle equipment parts and supplies,
25 $55,000 for FY 13-14"and shall incorporate the terms and conditions of the agreement.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
1 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 AND ISSUANCE OF AN ANNUAL PURCHASE ORDER 1N THE AMOUNT OF
$55,000 WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO
3 LOS ANGELES FREIGHTLINER OF FONTANA PURSUANT TO SECTION
4 3.04.010-113 OF THE MUNICIPAL CODE.
5 SECTION 4. That this purchase is exempt from the formal contract procedures of
6 Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010 (13)(3) of said Code,
7 "Purchases approved by the Mayor and Common Council".
SECTION 5. The authorization to execute the above referenced Purchase Order and
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Agreement is rescinded if it is not executed by both parties within sixty (60) days of the
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 . AND ISSUANCE OF AN ANNUAL PUI?CIL-kSE ORDER IN THE AMOUNT OF
$55,000 WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO
3 LOS ANGELES FREIGHTLINER OF FONTANA PURSUANT TO SECTION
4 3.04.010-113 OF THE MUNICIPAL CODE.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof,held
7 on the day of , 2013, by the following vote,to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
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10 MARQUEZ w
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11 JENKINS LL
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12 VALDIVIA
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KELLEY
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16 JOHNSON o
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17 MCCAMMACK
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19 Georgeann Hanna, City Clerk
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The foregoing resolution is hereby approved this day of
21 , 2013.
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23 Patrick J. Morris,Mayor
City of San Bernardino
24 Approved as to Form:
25 By_ - � "�-
26 J F. Penman, City Attorney
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VENDOR PURCHASE AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND LOS ANGELES FREIGHTLINER OF FONTANA
This Vendor Service Agreement is entered into this 6th day of August 2013, by and
between Los Angeles Freightliner of Fontana ("VENDOR") and the City of San Bernardino
("CITY"or"San Bernardino').
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the purchase of specific equipment,parts and
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supplies,and related repair services for City vehicles and equipment; and
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WHEREAS, Vendor Los Angeles Freightliner of Fontana is the nearest authorized U-
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dealership for Autocar truck parts;
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NOW,THEREFORE, the parties hereto agree as follows: c
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1. SCOPE OF SERVICES. N
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For the remuneration stipulated, San Bernardino hereby engages the services of cv
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VENDOR to provide specific equipment parts and supplies utilized by the Public Works 4
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Department Fleet Management Division for City vehicles and equipment. `0
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2. COMPENSATION AND EXPENSES. E
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a. For the products and/or services delineated above, the CITY, upon presentation of a
an invoice, shall pay the VENDOR up to the amount of$55,000 for refuse vehicle
equipment parts and supplies. Cost is subject to the current "Parts Pro'listing at the
time of purchase. Los Angeles Freightliner adjusts its prices on a quarterly basis.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
Exhibit"A"
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3. TERM; TERMINATION.
The term of this agreement shall be from August 6, 2013 through June 30, 2014, with
three (3) one-year extensions at the City's option. Option year one, if exercised, shall be
effective July 1, 2014 through June 30, 2015. Option year two, if exercised, shall be effective
July 1, 2015 through June 30, 2016. Option year three, if exercised, shall be effective July 1,
2016 through June 30,2017.
This Agreement may be terminated at any time by thirty (30) days' prior written notice
by either party. The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before date of expiration of current term of the v�
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agreement.
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4. WARRANTY. a
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Vendor expressly warrants that all products and services supplied to City by Vendor J
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under this agreement shall conform to the specifications,cations, drawings or other description upon
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which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable, N
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of good material and workmanship, free from defects and free and clear of all liens or a)
encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect E
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Vendor's obligations under this warranty, and such warranty shall survive inspections, testing,
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acceptance and use. Vendor agrees to replace or correct promptly defects or any goods or
services not conforming to the foregoing warranty without expense to the City, when notified
of such non-conformity by City. If vendor fails to correct the defects in or replace non-
conforming goods or services promptly, City may, after reasonable notice to Vendor, make
such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for
purposes of this section shall not be deemed to require more than 60 calendars days notice
Exhibit"A"
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Paget Pg.333
before commencement of efforts by the City to effect cover or a cure except upon written
agreement of the Parties.
5. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was v,
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actually caused by the sole negligence of the City, its elected officials, employees, agents or u
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its a
own expense, including attorney's fees the City, its elected officials, employees, agents or
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representatives from any and all legal actions based upon such actual or alleged acts or N
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omissions. Vendor hereby waives any and all rights to any types of express or implied N
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indemnity against the City, its elected officials, employees, agents or representatives, with 0)
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respect to third party claims against the Vendor relating to or in any way connected with the
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accomplishment of the work or performance of services under this Agreement.
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6. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Exhibit"A"
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Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
7. NON--DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, excepted as permitted to Section 12940
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of the California Government Code. a,
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8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. U)
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VENDOR warrants that it shall comply with any and all business registration a
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requirements of the City's Municipal Code, and any other license, permits, qualifications, -'
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insurance and approval of whatever nature that are legally required of Vendor to practice its N
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business or profession. o
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9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
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TO THE CITY: Public Works Director
300 North"D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR: Los Angeles Freightliner
13800 Valley Blvd.
Fontana, CA. 92335
Telephone: (909) 510-4438
Attn: Parts Manager
Exhibit"A"
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10. ATTORNEYS' FEES.
In the event that litigation is brought by any party in connec#ion witb this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees"for the purposes of this paragraph.
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11. ASSIGNMENT. a,
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or d
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encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior Q
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written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
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and shall constitute a breach of this Agreement and cause for the termination of this N
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Agreement. Regardless of CITY's consent,no subletting or assignment shall release VENDOR N
of VENDOR's obligation to perform all other obligations to be performed by VENDOR a,
hereunder for the term of this Agreement.
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12. VENUE.
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The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State o:California.
Exhibit"A"
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14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
and their respective heirs,representatives, successors,and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
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16. SEVERABILITY. r
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If any provision of this Agreement is determined by a court of competent jurisdiction to
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be invalid or unenforceable for any reason, such determination shall not affect the validity or
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enforceability of the remaining terms and provisions hereof or of the offending provision in any c
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other circumstance,and the remaining provisions of this Agreement shall remain in full force
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and effect. N
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17, ENTIRE AGREEMENT; MODIFICATION.
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This Agreement constitutes the entire agreement and the understanding between the to
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parties, and supercedes any prior agreements and understandings relating to the subject manner
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of this Agreement. This Agreement may be modified or amended only by a written instrument a
executed by all parties to this Agreement.
Exhibit"A
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VENDOR PURCHASE AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND
LOS ANGELES FREIGHTLINER OF FONTANA
IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and
date set forth below.
Dated: , 2013 LOS ANGELES FREIGHTLINER
By:
Dated ,2013 CITY OF SAN BERNARDINO
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By:
Allen Parker, City Manager LL
Approved as to Form: a
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By: c
1 s . Penman, City Attorney J
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Exhibit"A"
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