HomeMy WebLinkAbout05.H- Parks, Recreation & Community Services RESOLUTION (ID#2820) DOC ID: 2820 B
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Mickey Valdivia M/CC Meeting Date: 01/06/2014
Prepared by: Glenda Robinson, (909) 384-
5233
Dept: Parks, Recreation& Community Ward(s): 1
Services
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
City Manager to Execute a Facility Lease Agreement with the County of San Bernardino, on
Behalf of Arrowhead Regional Medical Center to Operate a Medical Mobile Clinic on City
Property Next to Ruben Campos Community Center. (#2820)
Current Business Registration Certificate: No
Financial Impact:
No financial impact to the general fund.
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:
None.
Background:
In an effort to continue to offer relevant and meaningful services to city resident the
Parks, Recreation and Community Services Department has partnered with the
Arrowhead Regional Medical Center to provide Primary Medical Care services through
the Medical Mobile Clinic. The 40ft Medical Mobile Clinic features two fully functional
private exam rooms, and a health education area. It is staffed by health professionals from
Arrowhead Regional Medical Center. Type of services that would be provided:
• Cholesterol screening
• Diabetic Follow Up
• Health Screening
• Immunizations
• Lab test
• Mammogram
• Pap/Pelvic Exam
• Referral Services
• Treatment for acute and chronic illness
• Well Child
• Women's Services and more
Updated: 12/19/2013 by Jolena E. Grider B Packet Pg. 113
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2820
These services would be provided on site on selected days and times mutually agreed
upon by both parties at no cost to the City or the to the patients served. The Medical
Mobile Clinic would be solely responsible for staffing and providing the services under
this agreement. The Medical Mobile Clinic certifies that staff and/or trainees providing
the services are adequately trained and prepared according to prevailing professional
standards.
City Attorney Review:
Supporting Documents:
# reso 2820 (PDF)
SB County Medical Mobile Clinic Contract (PDF)
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1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
4 FACILITY LEASE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO, ON
BEHALF OF ARROWHEAD REGIONAL MEDICAL CENTER TO OPERATE A
5 MEDICAL MOBILE CLINIC ON CITY PROPERTY NEXT TO RUBEN CAMPOS
COMMUNITY CENTER.
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7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE ci
CITY OF SAN BERNARDINO AS FOLLOWS: o
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SECTION 1. That the City Manager is hereby authorized to execute a Lease ci
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10 Agreement with the County of San Bernardino, on behalf of Arrowhead Regional Medical
11 Center to operate a Medical Mobile Clinic on City property next to Ruben Campos Community c
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Center, a copy of which is attached hereto, marked Exhibit "I" and incorporated herein by
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reference as fully as though set forth at length; and E
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SECTION 2. That the authorization granted hereunder shall expire and be void and of
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16 no further effect if the agreement is not executed by both parties and returned to the office of
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the City Clerk within sixty(60)days following the effective date of the resolution. N
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Packet.Pg.115'
No
RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
4 FACILITY LEASE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO, ON
BEHALF OF ARROWHEAD REGIONAL MEDICAL CENTER TO OPERATE A
5 MEDICAL MOBILE CLINIC ON CITY PROPERTY NEXT TO THE RUBEN
CAMPOS COMMUNITY CENTER. L
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7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and ci
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8 Common Council of the City of San Bernardino at a meeting thereof, held on E
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the day of , 2014, by the following vote,to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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3 12
MARQUEZ L)
13 JENKINS
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14 VALDIVIA
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SHORETT '
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VVACANT °
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18 JOHNSON c
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19 MULVIHILL
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21 Georgeann Hanna, City Clerk
22 The foregoing Resolution is hereby approved this day of ,2014. 4)
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Patrick J. Morris, Mayor
25 City of San Bernardino
2 6 Approved as to form:
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ary . Saenz
28 City At rney
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FOR COUNTY USE ONLY
New FAS Vendor Code Dept. Contract Number
wv" Change SC MCR A
El Cancel
ePro Vendor Number ePro Contract Number
County Department Dept. Orgn. Contractor's License No. m
Patrick Petre,Director MCR MCR O
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County Department Contract Representative Telephone Total Contract Amount U
County of San Bernardino Arrowhead Regional Medical Center (909)580-6150 a.
FAS Contract Type
evenue n Encumbered 171 Unencumbered 171 Other: U
STANDARD CONTRACT If not encumbered or revenue contract type,provide reason: v
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount w
94800 $ 2
Fund Dept. Organization Appr_ Obj/Rev Source GRC/PROJ/JOB No Amount =
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Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
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Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No_ Amount
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Project Name Estimated Payment Total by Fiscal Year O
FY Amount 1113 FY Amount I/D
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THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called ..
the County, and N
Name
Ruben Campos Community Center c/o City of San
Bernardino—Parks, Recreation &Community Services hereinafter called Contractor L
Address =
1717 W. 5"'St. v
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San Bernardino, CA 92411
Telephone Federal ID No.or Social Security No. U
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IT IS HEREBY AGREED AS FOLLOWS: E
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This agreement("Agreement") is entered into by and among County of San Bernardino, hereinafter referred to a:
"County" on behalf of Arrowhead Regional Medical Center, hereinafter referred to as "Medical Center" and City a
San Bernardino— Parks, Recreation &Community Services, hereinafter referred to as "Contractor". r
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WITNESSETH 0
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WHEREAS, the County, through the Medical Center operates a mobile medical clinic, hereinafter referred to a: �?
"Mobile Clinic";
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WHEREAS, the Contractor desires that Medical Center operate the Mobile Clinic on Contractor's property as se u
forth herein below; a
AudHor-Confroller?reasurer Tax Collector Use On!
0 Contract Database a FAS
Input Date Keyed By
Page 1 of'/
Packet Pg. 117
5.H.b
4OW, THEREFORE, the parties hereto enter into this Agreement as a full statement of their respective
responsibilities during the term of this Agreement, and in consideration of the representations made above and
the covenants and conditions set forth herein, the parties agree as follows:
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I. General Information:
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The delivery of services by the Medical Center will be on the premises of selected sites, on days and at '
times as mutually agreed upon by both parties.
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11. Obligations of Medical Center
A. Be solely responsible for staffing and providing services under this Agreement. Medical Center certifies
that staff and/or trainees providing the services are adequately trained and prepared according to .�
prevailing professional standards for providing such services.
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B. Provide adequate supervision of the professional staff and/or trainees. 0
C. Be responsible for the cost, care and maintenance of the Mobile Clinic. 2
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D. Be responsible for the services described herein:
1. History and physical examination o
2. Comprehensive primary medical services U
• Adult(Acute and Chronic) m
• Pediatric (Acute and Chronic)
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• Psychosocial Evaluation (Resident Sites) N
• Financial Screening (Arrow Care, CDP, Healthy Families) N
• Health Maintenance Prevention R
• Family Planning Services r
• Well Child/CHOP 0
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• Health Education U
• Specialty Referrals •_
• Family PACT U
3. Referrals for additional care where indicated. If the services required cannot be performed at the
designated location or by staff present, Medical Center will make its best efforts for referrals as mad 0
be appropriate to the patient's needs.
a. Should services by Medical Center include any form of medical services, including diagnostic a
services, treatment or counseling, Medical Center shall obtain written consent prior to providinc
service(s). _
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III. Obligations of Contractor m
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Provide the Mobile Clinic with access to contractor's property to enable delivery of services under thi:
agreement. E
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IV. Billing w
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Services will be provided at no cost to the Contractor or to the patients served. The Medical Center will bil
Medi-Cal and other third-party payers for eligible services.
Revised 1/8113
Packet Pg. 118
5.H.b
Indemnification
The Contractor agrees to defend and hold harmless the County, its officers, employees, agents, and
volunteers from any and all claims, losses, actions, damages and/or liability arising out of any negligent act
or omission of Contractor, its officers, employees, agents or volunteers while performing its duties under
this contract, including any costs or expenses incurred by County, except as prohibited by law.
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The County agrees to indemnify and hold harmless the Contractor, its officers, employees, agents and E
volunteers from any and all liabilities for injury to persons and damage to property arising out of any
negligent act or omission of the County, its officers, employees, agents, or volunteers in connection with
this contract.
VI. Insurance
County and Contractor are authorized self-insured public entities for purposes of Professional Liability, U
General Liability, Automobile Liability and Workers' Compensation and warrant that through their —!
respective programs of self-insurance, they have adequate coverage or resources to protect against
liabilities arising out of the performance of the terms, conditions or obligations of this agreement.
I VII. Status of Parties
A. The parties hereby expressly understand and agree that this Agreement is not intended and shall not w
be construed to create a relationship of agent, servant, employee, partnership, joint venture, of
association between Contractor and County but is rather an Agreement by and between independent 0
contractors. 00
B. The parties hereby expressly understand and agree that their employees, agents, and independent N
contractors are not the employees or agents of the other party for any purpose, including, but not CO
limited to, compensation for services, employee welfare and pension benefits, other fringe benefits of
employment, or workers' compensation insurance.
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VIII. Assignment L)
Neither party hereto shall assign its rights or obligations pursuant to this Agreement without the express 0
written consent of the other party. N
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IX. Modification
No modification, amendment, supplement to or waiver of any provision of this Agreement shall be bindinc
upon the parties unless made in writing and duly signed by all parties.
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X. Rules of Construction
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The language in all parts of this Agreement shall in all cases be construed as a whole, according to its fai m
meaning, and not strictly for or against either the County or the Contractor. Section headings in this
Agreement are for convenience only and are not to be construed as a part of this Agreement or in any wa)
limiting or amplifying the provisions hereof. All pronouns and any variations thereof shall be deemed tc E
refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons a
firm or firms, corporation or corporations may require. Q
Revised 1/8/13
Packet Pg. 119
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1. Governing Law
This Agreement is made and entered into in the State of California, and shall in all respects be interpreted,
enforced and governed by and under the laws of the State of California.
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X11. Counterparts
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This Agreement may be executed in counterparts, and all such counterparts together shall constitute the $
entire Agreement of the parties hereto. E
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XIII, Severability
The provisions of this Agreement are specifically made severable. If any clause, provision, right and/or
I remedy provided herein is unenforceable or inoperative, the remainder of this Agreement shall be enforced .V
as if such clause, provision, right and/or remedy were not contained herein. S
XIV. Alternative Dispute Resolution o
In the event the Medical Center determines that service is unsatisfactory, or in the event of any other
dispute, claim, question or disagreement arising from or relating to this Agreement or breach thereof, the
parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this
effect,they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, ,
attempt to reach a just and equitable solution satisfactory to both parties. j
Notwithstanding the above, nothing herein shall preclude either party from pursing its legal remedies at law 00
: in the event a mutually satisfactory solution is not reached. 0°
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XV. Term and Termination o
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This agreement shall be effective upon execution by both parties and shall remain in effect through March 0
26, 2016, with two (2) one (1) year renewal options upon written agreement by both parties. However, this
agreement may be terminated, with or without cause, by either party after giving the other party sixty (60) o
days advance written notice of its intention to terminate. The Director of the Medical Center is authorized
to initiate termination on behalf of the County. .E
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XVI. Notices
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All written notices provided for in this Agreement which either party desires to give to the other shall be
deemed fully given, when made in writing and personally delivered to the other party or deposited in the
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United States mail, certified with return receipt requested and postage prepaid, and addressed to the other a
party as follows:
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ARROWHEAD REGIONAL MEDICAL CENTER o
400 North Pepper Avenue
Colton, CA 92324 Cnn
Attn: Director
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RUBEN CAMPOS COMMUNITY CENTER
C/O CITY OF SAN BERNARDINO— PARKS, RECREATION & COMMUNITY SERVICES
1717 W. 5"'St. Q
Sam Bernardino, CA 92411
Attn: CEO
Revised 1/8/13
Packet Pg. 120
5.H.b
VII. Former County Officials
Contractor agrees to provide or has already provided information on former County of San Bernardino
administrative officials (as defined below) who are employed by or represent Contractor. The information a;
provided includes a list of former County administrative officials who terminated County employment within 5-
the last five years and who are now officers, principals, partners, associates or members of the business. y
The information also includes the employment with or representation of Contractor. For purposes of this 0
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provision, "county administrative official" is defined as a member of the Board of Supervisors or such E
officer's staff, County Administrative Officer or member of such officer's staff, county department or group LS
head, assistant department or group head, or any employee in the Exempt Group, Management Unit or
Safety Management Unit.
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If during the course of the administration of this Agreement, County determines that Contractor has made a •S
material misstatement or misrepresentation or that materially inaccurate information has been provided to )
County, this Agreement may be immediately terminated. If this Agreement is terminated according to this
provision, County is entitled to pursue any available legal remedies 0
XVIII. Entire Agreement 2
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This Agreement contains the final, complete and exclusive Agreement between the parties hereto. Any
prior Agreement promises, negotiations or representations relating to the subject matter of this Agreemeni
not expressly set forth herein are of no force or effect. This Agreement is executed without reliance upon o
any promise, warranty or representation by any party or any representative of any party other than those
expressly contained herein. Each party has carefully read this Agreement and signs the same of its owr. N
free will.
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XIX. Inaccuracies or Misrepresentation c.
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If during the course of the administration of this agreement, the County determines that the Contractor has
made a material misstatement or misrepresentation or that materially inaccurate information has beer o
provided to the County, this contract may be immediately terminated.
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In the event of a termination under this provision, the County is entitled to pursue any available lega 5
remedies. ='
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XX. Conflict of Interest
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Contractor shall make all reasonable efforts to ensure that no County office or employee, whose position in a
the County enables him/her to influence any award of the agreement or any competing offer, shall have 2
any direct or indirect financial interest resulting from the award of the Agreement or shall have and '
relationship to the Contractor or officer or employee of the Contractor. o
XXI. Improper Consideration m
Contractor shall not offer (either directly or through an intermediary) any improper consideration such as CCD
but not limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value tc
any officer, employee or agent of the County in an attempt to secure favorable treatment regarding an!
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Agreement awarded by County. a
The County, by written notice, may immediately terminate any Agreement if it determines that any imprope
consideration as described in the preceding paragraph was offered to any officer, employee or agent of the
Revised 1/8113
Packet Pg. 121
County with respect to the proposal and award process. This prohibition shall apply to any amendment,
extension, or evaluation process once a Contract has been awarded.
Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either
directly or through an intermediary) improper consideration from Contractor. The report shall be made to r
the supervisor or manager charged with supervision of the employee or to the County Administrative 5
Office. In the event of a termination under this provision, the County is entitled to pursue any available legal y
remedies. Q
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XXII. Authorization L)
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The undersigned individuals represent that they are fully authorized to execute this Agreement on behalf of
the named parties.
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Revised 1/8/13
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'N WITNESS whereof,this Agreement has been executed by the parties hereto as of the day and year first written
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COUNTY OF SAN BERNARDINO Ruben Campos Community Center w
(Print or type name of corporation,company,contractor,etc.)
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By �'
Director and/or Designee (Authorized signature-sign in blue ink) o
Arrowhead Regional Medical Center U
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Dated: Name S
(Print or type name of person signing contract) U
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Title 0
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(Print or Type) M
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Dated:
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Address-1 717 W. 5t'St.
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San Bernardino, CA 92411 U
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Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature y
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Frank Salazar,County Counsel Patrick Petre,Director
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')ate Date Date
Revised 118/13
Packet Pg. 123