HomeMy WebLinkAbout05.U- Public Works RESOLUTION (ID # 3350) DOC ID: 3350 C
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Purchase Order
From: Tony Frossard M/CC Meeting Date: 08/04/2014
Prepared by: Adrienne Loa,
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of a Vendor Service Agreement and Issuance of an Annual Purchase Order in the
Amount of $58,000 with Two (2) One-Year Extensions at the City's Option to Stock All.
Services for the Manufacture and Repair of Hydraulic Cylinders and Supplies. (#3350)
Current Business Registration Certificate: No
Financial Impact:
Account Budgeted Amount: $479,900
Account No. 635-400-0100-5173
Account Description: Outside Vehicle Maintenance
Balance as of July 23, 2014: $334,705
Balance after approval of this item: $276,705
} Please note this balance does not indicate available funding. It does not include non-encumbered
reccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
10/04/10 Resolution No. 2010-336 was adopted, approving an Annual Purchase Order to Stock
All Services with two single year renewal options.
06/02/14 Resolution No. 201-152 was adopted, approving an increase to the Annual Purchase
Order for Stock All Services of$10,000 for a total not to exceed $58,000.
Background:
The Public Works Department, Fleet Management Division is responsible for maintaining all
refuse trucks, backhoes, aerial lifts, and specialized equipment with numerous high-pressure
hydraulic cylinders and fittings. All refuse trucks require numerous multiple-stage and single-
stage hydraulic cylinders to collect the cities refuse as needed.
Stock All Services was classified as a Select Source based on the zero percent failure rate the
City has experienced with their rebuilt hydraulic cylinders. Stock All Services has achieved this
rate using high quality rebuilding equipment and techniques. The zero failure rate has saved the
Fleet Division thousands of dollars in labor, as each time a hydraulic cylinder is rebuilt it must be
removed and replaced in the vehicle. The rebuilt hydraulic cylinder cannot be tested in the City
shop it must be installed in the vehicle for testing and if it were to fail removed again and
returned to the vendor for repair. Staff recommends that the Mayor and Common Council
Undated:7/29/2014 by Jolena E.Grider C I Packet Pg. 258
3350
authorize the execution of a vendor service agreement and issuance of an Annual Purchase Order
in the amount of $58,000 with two (2) one-year extensions at the City's option to Stock All
Services for hydraulic cylinders service.
City Attorney Review:
Supporting Documents:
reso 3350 (PDF)
agrmt 3350 (PDF)
Stock All Select Source (PDF)
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Updated: 7/29/2014 by Jolena E.Grider C
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RESOLUTION NO.
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR
3 SERVICE AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN
EXTENSIONS AT THE
4 THE AMOUNT OF $5$,000 W�LTL SERVICESO FOR THE MANUFACTURE AND
CITY'S OPTION TO STOCK
5 REPAIR OF HYDRAULIC CYLINDERS AND SUPPLIES.
NOW THEREFORE, BE N BE�RNARDINO AS FOLLOWS:
AND COMMON
COUNCIL OF THE CITY OF S
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8 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
9 and directed to execute on behalf of said City a Vendor Service Agreement between the City
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10 of San Bernardino and Stock All Service, a copy of which is attached hereto marked Exhibit W
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11 «A" and incorporated herein by reference as fully as though set forth at length.
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SECTION 2. Pursuant to this determination the Director of Finance or his designee is .2
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14 hereby authorized to issue an annual purchase order to Stock All Services in the amount not to
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15 exceed $58,000 with two (2) one-year extensions at the City's option.
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16 SECTION 3. The Purchase Order shall reference this Resolution Number and shall
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17 read, "Stock All Services for hydraulic cylinder repairs. Agreement not to exceed $58,000"
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and shall incorporate the terms and conditions of the Agreement.
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SECTION 4. This purchase is exempt from the formal contract procedure of Sections
20 a
21 3. 04.010 of the Municipal Code, pursuant to Sections 3.04.010 B.3 of said Code "Purchases
22 approved by the Mayor and Common Council".
23 SECTION 5. The authorization to execute the above-referenced Agreement is
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rescinded if it is not executed by both parties within sixty (60) days of the passage of this
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Resolution.
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3.U,a
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR
SERVICE AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN
3 THE AMOUNT OF $58,000 WITH TWO (2) ONE-YEAR EXTENSIONS AT THE
4 CITY'S OPTION TO STOCK ALL SERVICES FOR THE MANUFACTURE AND
REPAIR OF HYDRAULIC CYLINDERS AND SUPPLIES.
5 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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7 and Common Council of the City of San Bernardino at a meeting
8 thereof, held on the_ day of_ , 2014, by the following vote, to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT C CL
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MARQUEZ
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12 BARRIOS
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13 VALDIVIA
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14 SHORETT
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15 NICKEL
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JOHNSON Cl)
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MULVIHILL L
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20 Georgeann Hanna, City Clerk Q
21 The foregoing resolution is hereby approved this day of , 2014.
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23 R. CAREY DAVIS, Mayor
City of San Bernardino
24 Approved as to form:
25 GARY D. SAENZ, City Attorney
26 By. ��;r ,—r—
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VENDOR SERVICE AGREEMENT CES FOR THE MANUFACTURE AND REPAIR F O
AND STOCK ALL SER O
HYDRAULIC CYLINDERS AND SUPPLIES
This Vendor Service Agreement is entered into this day of 2014, by and
between Stock All Services ("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 hydraulic cylinder repairs, including Zo
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purchase of various related parts; and
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WHEREAS, the Vendor is the classified as a Select Sources vendor for repairing
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hydraulic cylinders; and
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WHEREAS, this new Agreement supersedes all previous Agreements with the
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NOW, THEREFORE,the parties hereto agree as follows:
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1. SCOPE OF SERVICES. E
For the remuneration stipulated in Section 2,the City of San Bernardino hereby engages
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the services of VENDOR to provide repairs including parts on all hydraulic cylinders.
2. COMPENSATION AND EXPENSES. Q
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR, up to the amount of $58,000 for hydraulic cylinder repairs,
including purchase of various related parts.
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 8, 2014 through June 30, 2015, with
two one-year extensions at the City's option. Option year one, if exercised, shall be effective
July 1, 2015 through June 30, 2016. Option year two, 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
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agreement.
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4. WARRANTY v
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Vendor expressly warrants that all products and services supplied to City by Vendor
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under this Agreement shall conform to the specifications, drawings or other description, upon =
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which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable,
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of good material and workmanship, free from defects and fee and clear of all liens or M
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encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect
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Vendor's obligations under this warranty, and such warranty shall survive inspection, testing,
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acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or
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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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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 L
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performance of service under this Agreement, unless the bodily injury or property damage was
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actually caused by the sole negligence of the City, its elected officials, employees, agents or c
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representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
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own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or M
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omissions. Vendor hereby waives any and all rights to any types of express or implied
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indemnity against the City, its elected officials, employees, agents or representatives, with E
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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.
6. INSURANCE. a
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. L
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8. INDEPENDENT CONTRACTOR.
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VENDOR shall perform work tasks provided by this Agreement, but for all intents and
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purposes VENDOR shall be an independent contractor and not an agent or employee of the
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CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment M o
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Compensation, and other payroll deductions for VENDOR and its officers, agents, and
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employees, and all business licenses, if any are required, in connection with the services to be E
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performed hereunder.
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9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
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VENDOR warrants that it possesses or shall obtain, and maintain a business registration Q
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
10. 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:
Exhibit"A"
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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: Stock All Services
29346 Gold Buckle Rd
Highland CA 92346
Telephone (800) 463-0383
Contact:
11. ATTORNEYS' FEES.
In the event that litigation is brought by any party in connection with this Agreement, ^
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the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
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including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
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its rights or remedies hereunder or the enforcement of any of the terms, conditions or v
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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' c
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fees" for the purposes of this paragraph.
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12. ASSIGNMENT. 2
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VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 0
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
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written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void co
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and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
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Exhibit"A"
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13. VENUE.
The parties her eto 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.
14. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California. L
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15. SUCCESSORS AND ASSIGNS.
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This Agreement shall be binding on and inure to the benefit of the parties to this S
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Agreement and their respective heirs,representatives, successors, and assigns.
16. HEADINGS. _
The subject headings of the sections of this Agreement are included for the purposes of Ln
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convenience only and shall not affect the construction or the interpretation of any of its o
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provisions. E
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17. SEVERABILITY. c
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If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or a
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
18. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
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parties, and supercedes any prior agreements and understandings relating to the subject matmer
Exhibit"A"
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of this Agreement. This Agreement may be modified or amended only by a written instrument
Agreement.
executed by all parties to this A g
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Exhibit"A"
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VENDOR SERVICE AGREEMENT S FOR THE MANUFACTURE AND REPAIR OF O
AND STOCK ALL SERVI
HYDRAULIC CYLINDERS AND SUPPLIES
IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: ,2014 STOCK ALL SERVICES
By:
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Dated , 2014 CITY OF SAN BERNARDINO
By:
Allen J. Parker, City Manager U
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Approved as to Form:
Gary D. Saenz, City Attorney
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Exhibit"A"
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CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
TO: Purchasing Division
FROM:
DATE:
SUBJECT: Justification of a Selected Source Purchase for: Complete hydraulic cylinder
repair service. P.O. # 2014-00000132
A Selected Source purchase order for Stock-All Services is justified because of their 0% failure rate
on their rebuilt hydraulic cylinders. This 0% failure rate has saved the Fleet Division thousands of 12L
dollars in labor and has only been possible by using our current vender that uses the highest quality
and most precision hydraulic cylinder rebuilding equipment and techniques. The labor for removing
and replacing just one improperly rebuilt refuse truck packer cylinder can easily add up to $600.00.
Our previous hydraulic cylinder repair vendor's do not possess this type of high quality and precision
hydraulic cylinder rebuilding equipment nor did they utilize the techniques and processes the Stock-
All Services provides.
X (Print Name) ,G?qy/,D Gtll ' f'y! Ci
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Depa ment Head (or�Desi`gnee)�Signature
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Revised 01/04/10 drm
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