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HomeMy WebLinkAbout23- Public Works ORIGINAL CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: Randy Kuettle, Acting Director Subject: Resolution of the Mayor and Common Council of the City of San Dept: Public Works Bernardino authorizing the execution of an Agreement and issuance of an Annual Date: September 27, 2010 Purchase Order with two one-year extensions at the City's option to Fleet Pride for heavy-duty vehicle brake work, including the purchase of various related parts and supplies to be utilized by the Public Works Department, Fleet Division. Meeting Date: October 18, 2010 Synopsis of Previous Council Action Recommended Motion: Adopt Resolution. Signature Contact person Don Johnson, Fleet Manager Phone: 5220 Supporting data attached: Staff Report, Resolution, Agreement and Attachment"1" Ward: All FUNDING REQUIREMENTS: Amount: $110,000 Source: FY 10-11 Fleet Budget, $10,000 from Account Number 635- 400-5173-0000-0100 (Outside Vehicle Maintenance) and $100,000 from Account number 635-400- 5111-0000-0100 (Materials and Supplies) Finance: Council Notes: Agenda Item No. _ CITY OF SAN BERNARDINO —REQUEST FOR COUNCIL ACTION Staff Report Subject: 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 with two one-year extensions at the City's option to Fleet Pride for heavy-duty vehicle brake work, including the purchase of various related parts and supplies to be utilized by the Public Works Department,Fleet Division. Background: The Public Works Department, Fleet Division is responsible for maintaining the City's heavy-duty vehicles. The Fleet Division has budgeted $110,000 for the purchase of heavy-duty vehicle brake work, including the purchase of various related parts and supplies. In August 2010, a formal bid process was initiated to solicit bids for heavy-duty vehicle repair, which includes truck brake work, and other related services per RFQ F-11-05. Notices of bids were e-mailed or faxed to three vendors, posted on the web, printed in the newspaper, and mailed to the Chamber of Commerce. Two vendors responded. Bidders were required to bid on various services and parts for Bid No. RFQ F-11-05 Heavy Duty Brake/Gear Work&Brake Parts. The vendor,business location, and bid totals are listed below: Vendor Location Bid Totals Fleet Pride Ontario, CA $7,741.03 New Legacy Fontana, CA $15,870 Fleet Pride submitted the lowest qualified bid (See Attachment "1"). Staff has used Fleet Pride in the past and they have proven to be reliable. Staff recommends that the Mayor and Common Council authorize the execution of an agreement and issuance of an annual purchase order in the amount of$110,000 to Fleet Pride for heavy-duty vehicle brake work, including the purchase of various related parts and supplies. The term of this agreement shall be ftom October 18, 2010 through June 30, 2011, with two one-year extensions at the City's option. Financial Impact: Funds for this Annual Purchase Order are contained in the Public Works Department, Fleet Division Fiscal Year 2010/2011 Budget, account for outside vehicle maintenance (account no. 635-400- 5173-0000-0100) in the amount of $10,000 and account for materials and supplies (account no. 635-400-5111-0000-0100) in the amount of 100,000. There is no impact on the General Fund. Account Number: 635-400-5173-0000-0100 Budgeted Amount: $576,200. Balance as of September 27, 2010: $199,685 Balance after approval of this item: $189,685. Please note this balance does not indicate available funding. It does not include non- encumbered reoccurring expenses or expenses incurred but not yet processed. CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION Staff Report- Continued -400-5111-0000-0100 Budgeted Amount: $1,096,800. Account Number 635 g Balance as of October 5, 2010: $114,135 Balance after approval of this item: $14,135. Please note this balance does not indicate available funding. It does not include non- encumbered reoccurring expenses or expenses incurred but not yet processed. Recommendation: Adopt Resolution. RESOLUTION NO. :> �,,,J 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 3 AND ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH TWO ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO FLEET PRIDE FOR HEAVY-DUTY 4 VEHICLE BRAKE WORK, INCLUDING THE PURCHASE OF VARIOUS RELATED 5 PARTS AND SUPPLIES TO BE UTILIZED BY THE PUBLIC WORKS DEPARTMENT, FLEET DIVISION. 6 WHEREAS, Fleet Pride submitted the lowest and best bid for the purchase of heavy- 7 duty vehicle brake work, including the purchase of various related parts and supplies per Bid 8 9 No. RFQ F-11-05; 10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Il SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to 12 13 execute on behalf of said City an Agreement between the City of San Bernardino and Fleet 14 Pride, a copy of which is attached hereto, marked as Exhibit "A", and incorporated herein by 15 this reference as fully as though set forth at length. 16 SECTION 2. That pursuant to this determination the Director of Finance or her 17 designee is hereby authorized to issue an Annual Purchase Order to Fleet Pride in the amount 18 of$110,000 with two one-year extensions at the City's option. 19 SECTION 3. The Purchase Order shall reference this Resolution Number and shall 20 21 read, "Fleet Pride for heavy-duty vehicle brake work, including the purchase of various related L2 parts and supplies. Agreement not to exceed $110,000" and shall incorporate the terms and 23 conditions of the agreement. 24 SECTION 4. The authorization to execute the above referenced Purchase Order and 25 Agreement is rescinded if it is not executed by both parties within sixty (60) days of the 26 27 passage of this resolution. 28 HI t p 4 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 WITH TWO ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO FLEET PRIDE FOR HEAVY-DUTY 3 VEHICLE BRAKE WORK, INCLUDING THE PURCHASE OF VARIOUS RELATED PARTS AND SUPPLIES TO BE UTILIZED BY THE PUBLIC WORKS t 4 DEPARTMENT,FLEET DIVISION. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a meeting thereof, held 7 on the day of , 2010, by the following vote, to wit: 8 F s 9 E 10 Council Members: AYES NAYS ABSTAIN ABSENT s 11 MARQUEZ i 12 DESJARDINS 13 BRINKER AVON dr 14 SHORETT 15 KELLEY 16 17 JOHNSON 18 MCCAMMACK 19 20 21 Rachel G. Clark, City Clerk 22 The foregoing resolution is hereby approved this day of 2010. 23 24 Patrick J. Morris, Mayor 25 City of San Bernardino ApprovZ to Form: 26 By a 27 J s"ednan, City Attorney 28 i 1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 181h day of October 2010, by and 3 between Fleet Pride ("VENDOR") and the City of San Bernardino ("CITY" or "San 4 Bernardino"). 5 WITNESSETH: 6 WHEREAS, the Mayor and Common Council has determined that it is advantageous 7 8 and in the best interest of the CITY to purchase heavy-duty vehicle brake work, including 9 purchase of various related parts and supplies; and 10 WHEREAS, the City of San Bernardino did solicit and accept bids from available 11 vendors for the purchase heavy-duty vehicle brake work, including the purchase of various 12 related parts and supplies per RFQ F-11-05; and 3 13 NOW, THEREFORE, the parties hereto agree as follows: 14 1. SCOPE OF SERVICES. 15 16 For the remuneration stipulated, San Bernardino hereby engages the services of 17 VENDOR to provide those products and services as set forth in RFQ F-11-05, for heavy-duty 18 vehicle brake work, including the purchase of various related parts and supplies, bid summary 19 sheet attached hereto as Attachment "1" and incorporated herein by this reference. 20 2. COMPENSATION AND EXPENSES. 21 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 22 pay the VENDOR up to the amount of$110,000 for heavy duty vehicle brake work, ' 23 24 including the purchase of various related parts and supplies at the rate per the price 25 form in Attachment "1." 26 b. No other expenditures made by VENDOR shall be reimbursed by CITY. 27 28 Exhibit "A" 1 1 3. TERM; TERMINATION. 2 The term of this agreement shall be from October 18, 2010 through June 30, 2011, with 3 two (2) one-year extensions at the City's option. Option year one, if exercised, shall be 4 effective July 1, 2011 through June 30, 2012. Option year two, if exercised, shall be effective 5 July 1, 2012 through June 30, 2013. 6 This Agreement may be terminated at any time by thirty (30) days' written notice by 7 either party. The terms of this Agreement shall remain in force unless amended by written 8 9 agreement of the parties executed on or before the date of expiration of current term of the 10 agreement. 11 4. INDEMNITY. 12 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, 13 agents or representatives, free and harmless from all claims, actions, damages and liabilities of 14 any kind and nature arising from bodily injury, including death, or property damage, based or 15 16 asserted upon any or alleged act or omission of Vendor, its employees, agents, or 17 subcontractors, relating to or in any way connected with the accomplishment of the work or 18 performance of service under this Agreement, unless the bodily injury or property damage was 19 actually caused by the sole negligence of the City, its elected officials, employees, agents or 20 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its 21 own expense, including attorney's fees the City, its elected officials, employees, agents or 22 23 representatives from any and all legal actions based upon such actual or alleged acts or 24 omissions. Vendor hereby waives any and all rights to any types of express or implied 25 indemnity against the City, its elected officials, employees, agents or representatives, with 26 respect to third party claims against the Vendor relating to or in any way connected with the 27 accomplishment of the work or performance of services under this Agreement. 28 Exhibit"A" 2 1 5. INSURANCE. 2 While not restricting or limiting the foregoing, during the term of this Agreement, 3 VENDOR shall maintain in effect policies of comprehensive public, general and automobile j 4 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory i ' 5 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk 6 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an a 7 additional named insured in each policy of insurance provided hereunder. The Certificate of 8 i Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 9 10 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any 11 change or termination of policy. 12 6. NON-DISCRIMINATION. i 13 In the performance of this Agreement and in the hiring and recruitment of employees, 14 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, a 15 16 discrimination in employment of persons because of their race, religion, color, national origin, 17 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or 18 sexual orientation, or any other status protected by law. j i 19 7. INDEPENDENT CONTRACTOR. 20 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 21 purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 23 9 24 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 25 Compensation, and other payroll deductions for VENDOR and its officers, agents, and i 26 employees, and all business licenses, if any are required, in connection with the services to be 27 performed hereunder. 28 Exhibit"A" 5 3 1 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 2 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 3 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 4 qualifications, insurance and approval of whatever nature that are legally required of VENDOR 5 to practice its business or profession. 6 NOTICES. 7 8 Any notices to be given pursuant to this Agreement shall be deposited with the United. 9 States Postal Service, postage prepaid and addressed as follows: 10 TO THE CITY: Public Works Director 300 North"D" Street 11 San Bernardino, CA 92418 12 Telephone: (909) 384-5140 13 TO THE VENDOR: Fleet Pride 5751 East Santa Ana Street 14 Ontario, CA 91761 Telephone: (909) 605-0677 15 Contact: Brad Segler 16 9. ATTORNEYS' FEES. 17 In the event that litigation is brought by any party in connection with this Agreement, 18 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 19 20 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 21 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 22 provisions hereof. The costs, salary and expenses of the City Attorney and members of his 23 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' 24 fees" for the purposes of this paragraph. 25 26 27 28 Exhibit "A" 4 1 10. ASSIGNMENT. 2 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or i j 3 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior 4 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void 5 and shall constitute a breach of this Agreement and cause for the termination of this 6 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR � 7 of VENDOR's obligation to perform all other obligations to be performed by VENDOR 8 9 hereunder for the term of this Agreement. 10 11. VENUE. 11 The parties hereto agree that all actions or proceedings arising in connection with this 12 Agreement shall be tried and litigated either in the State courts located in the County of San 13 Bernardino, State of California or the U.S. District Court for the Central District of California, 14 Riverside Division. The aforementioned choice of venue is intended by the parties to be 15 f 16 mandatory and not permissive in nature. 17 12. GOVERNING LAW. 18 This Agreement shall be governed by the laws of the State of California. 19 13. SUCCESSORS AND ASSIGNS. 20 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement 21 and their respective heirs, representatives, successors, and assigns. 22 14. HEADINGS. ' 23 24 The subject headings of the sections of this Agreement are included for the purposes of 25 convenience only and shall not affect the construction or the interpretation of any of its i 26 provisions. 27 28 Exhibit"A" 5 1 15. SEVERABILITY. 2 If any provision of this Agreement is determined by a court of competent jurisdiction to 3 be invalid or unenforceable for any reason, such determination shall not affect the validity or 4 enforceability of the remaining terms and provisions hereof or of the offending provision in any � 5 other circumstance, and the remaining provisions of this Agreement shall remain in full force 6 and effect. 7 8 16. ENTIRE AGREEMENT; MODIFICATION. ' 9 This Agreement constitutes the entire agreement and the understanding between the 10 parties, and supercedes any prior agreements and understandings relating to the subject manner 1 11 of this Agreement. This Agreement may be modified or amended only by a written instrument f 12 executed by all parties to this Agreement. 13 14 /// 15 16 /// 17 18 19 HI 20 21 22 23 24 25 /// F 26 i 1 27 28 Exhibit"A" 6 3 1 VENDOR SERVICE AGREEMENT FLEET PRIDE 2 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 4 date set forth below. 5 6 Dated: , 2010 Fleet Pride 7 By: i 3 8 9 Dated , 2010 CITY OF SAN BERNARDINO 10 By: 11 Charles E. McNeely, City Manager 12 Approved as to Form: 13 By: 14 James F. Penman, City Attorney 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit "A" 7 I VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 18"' day of October 2010, by and 3 between Fleet Pride ("VENDOR") and the City of San Bernardino ("CITY" or "San 4 Bernardino"). 5 WITNESSETH: 6 WHEREAS, the Mayor and Common Council has determined that it is advantageous 7 8 and in the best interest of the CITY to purchase heavy-duty vehicle brake work, including 9 purchase of various related parts and supplies; and 10 WHEREAS, the City of San Bernardino did solicit and accept bids from available 11 vendors for the purchase heavy-duty vehicle brake work, including the purchase of various 12 related parts and supplies per RFQ F-11-05; and 13 NOW, THEREFORE,the parties hereto agree as follows: 14 1. SCOPE OF SERVICES. 15 16 For the remuneration stipulated, San Bernardino hereby engages the services of 17 VENDOR to provide those products and services as set forth in RFQ F-11-05, for heavy-duty 18 vehicle brake work, including the purchase of various related parts and supplies, bid summary 19 sheet attached hereto as Attachment"1" and incorporated herein by this reference. 20 2. COMPENSATION AND EXPENSES. 21 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 22 23 pay the VENDOR up to the amount of$110,000 for heavy duty vehicle brake work, 24 including the purchase of various related parts and supplies at the rate per the price 25 form in Attachment "1." 26 b. No other expenditures made by VENDOR shall be reimbursed by CITY. 27 28 1 i I 1 3. TERM; TERMINATION. 2 The term of this agreement shall be from October 18, 2010 through June 30, 2011, with 3 two (2) one-year extensions at the City's option. Option year one, if exercised, shall be 4 effective July 1, 2011 through June 30, 2012. Option year two, if exercised, shall be effective 5 July 1, 2012 through June 30, 2013. 6 This Agreement may be terminated at any time by thirty (30) days' written notice by 7 8 either party. The terms of this Agreement shall remain in force unless amended by written i 9 agreement of the parties executed on or before the date of expiration of current term of the l 10 agreement. 11 4. INDEMNITY. 12 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, 13 agents or representatives, free and harmless from all claims, actions, damages and liabilities of _ 14 any kind and nature arising from bodily injury, including death, or property damage, based or 15 16 asserted upon any or alleged act or omission of Vendor, its employees, agents, or 17 subcontractors, relating to or in any way connected with the accomplishment of the work or j 18 performance of service under this Agreement, unless the bodily injury or property damage was 19 actually caused by the sole negligence of the City, its elected officials, employees, agents or 20 l representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its 21 own expense, including attorney's fees the City, its elected officials, employees, agents or 22 t 23 representatives from any and all legal actions based upon such actual or alleged acts or 24 omissions. Vendor hereby waives any and all rights to any types of express or implied 25 indemnity against the City, its elected officials, employees, agents or representatives, with 26 respect to third party claims against the Vendor relating to or in any way connected with the 27 accomplishment of the work or performance of services under this Agreement. 28 2 1 5. INSURANCE. 2 While not restricting or limiting the foregoing, during the term of this Agreement, 3 VENDOR shall maintain in effect policies of comprehensive public, general and automobile 4 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 5 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk 6 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 7 8 additional named insured in each policy of insurance provided hereunder. The Certificate of 9 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 10 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any 11 change or termination of policy. 12 6. NON-DISCRIMINATION. 13 In the performance of this Agreement and in the hiring and recruitment of employees, 14 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 15 16 discrimination in employment of persons because of their race, religion, color, national origin, 17 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or 18 sexual orientation, or any other status protected by law. 19 7. INDEPENDENT CONTRACTOR. 20 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 21 purposes VENDOR shall be an independent contractor and not an agent or employee of the 22 23 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 24 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 25 Compensation, and other payroll deductions for VENDOR and its officers, agents, and 26 employees, and all business licenses, if any are required, in connection with the services to be 27 performed hereunder. 28 3 1 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. � 2 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 3 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 4 and approval of whatever nature that are legally required of VENDOR qualifications, insurance pp 5 to practice its business or profession. 6 NOTICES. 7 Any notices to be given pursuant to this Agreement shall be deposited with the United 8 9 States Postal Service, postage prepaid and addressed as follows: 10 TO THE CITY: Public Works Director 300 North"D" Street 11 San Bernardino, CA 92418 Telephone: (909) 384-5140 12 i 13 TO THE VENDOR: Fleet Pride 5751 East Santa Ana Street x 14 Ontario, CA 91761 Telephone: (909) 605-0677 15 Contact: Brad Segler 16 3 9. ATTORNEYS' FEES. 17 In the event that litigation is brought by any party in connection with this Agreement, 18 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 19 $ including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 20 21 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 22 provisions hereof. The costs, salary and expenses of the City Attorney and members of his 23 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' i 24 fees" for the purposes of this paragraph. d 25 26 27 Y 28 4 l 3 i 1 10. ASSIGNMENT. 2 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 3 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior 4 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void 5 and shall constitute a breach of this Agreement and cause for the termination of this 6 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR 7 8 of VENDOR's obligation to perform all other obligations to be performed by VENDOR 9 hereunder for the term of this Agreement. 10 11. VENUE. 11 The parties hereto agree that all actions or proceedings arising in connection with this 12 Agreement shall be tried and litigated either in the State courts located in the County of San 13 Bernardino, State of California or the U.S. District Court for the Central District of California, 14 Riverside Division. The aforementioned choice of venue is intended by the parties to be 15 16 mandatory and not permissive in nature. 17 12. GOVERNING LAW. 18 This Agreement shall be governed by the laws of the State of California. 19 13. SUCCESSORS AND ASSIGNS. 20 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement 21 and their respective heirs, representatives, successors, and assigns. 22 23 14. HEADINGS. 24 The subject headings of the sections of this Agreement are included for the purposes of 25 convenience only and shall not affect the construction or the interpretation of any of its 26 provisions. 27 28 5 1 15. SEVERABILITY. 2 If any provision of this Agreement is determined by a court of competent jurisdiction to 3 be invalid or unenforceable for any reason, such determination shall not affect the validity or 4 enforceability of the remaining terms and provisions hereof or of the offending provision in any 5 other circumstance, and the remaining provisions of this Agreement shall remain in full force 6 and effect. 7 8 16. ENTIRE AGREEMENT; MODIFICATION. 9 This Agreement constitutes the entire agreement and the understanding between the 10 parties, and supercedes any prior agreements and understandings relating to the subject manner 11 of this Agreement. This Agreement may be modified or amended only by a written instrument 12 executed by all parties to this Agreement. 13 14 15 16 HI 17 /// 18 HI 19 20 21 22 23 24 25 26 27 28 6 VENDOR SERVICE AGREEMENT FLEET PRIDE 2 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 4 date set forth below. . 5 6 Dated: 2010 Fleet Pride 7 By: 8 9 Dated 2010 CITY OF SAN BERNARDINO 10 By: 11 Charles E. McNeely, City Manager 12 Approved as to Form: 13 By: ��Z 14 Jamej'. Penimnan, (City Attorney 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 Attachment 'T' Cn a M a 0 o � eh Cu • ° o n o Q U � CO N � Q `� nb z o z o zoo > - o N O ti 00 O Ln �' M J l!) 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