HomeMy WebLinkAbout19-Police Department
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: MICHAEL BILLDT
ASSISTANT CHIEF OF POLICE
C I~ ,':.,',".>;L
Dept: Police
Date: March 27, 2001
Subject: Resolution of the Mayor and Common
Council of the City of San Bernardino authorizing
the execution of a memorandum of understanding
(MOU) with the County of San Bernardino
Probation Department that defines the operating
agreements between the two organizations as they
administer the grant funded juvenile accountability
program known as Intervention and Management of
Probationer Accountability and Compliance of
Terms (IMPACI),
Council Meeting Date: April 2, 2001
Synopsis of Previous Council Action
Resolution #2000-329, ratified 11-20-00, authorizing the Mayono execute a memorandum of understanding with the
County defining the operating agreement for the IMPACT Program.
Resolution #2000-56, ratified 3-20-00, authorizing the Mayor to submit an application to accept the FY 1999/00
Juvenile Accountability Incentive Block Grant OAIBG) Program.
Recommended Motion:
Adopt Resolution.
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MICHAEL B ~, S ANT CHIEF
Contact person:
Captain Mike Kinsman
Phone: 388-4928
Supporting data attached: Staff Report, Resolution, MOU
FUNDING REQUIREMENTS:
Amount:
Ward:
All
TOTAL:
$922,461 (City & County funding
sources)
Source: $ 104,015 (Acct # 123-559 - City JAIBG Grant)
$ 18,446 (Acct #108-172 - City Asset Forfeiture)
$800,000 (County Night Light Grant)
Council Notes:
Finance
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Agenda Item No.1L-
City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
To:
Honorable Mayor and Common Council
From:
Captain M. Kinsman
Subject:
IMPACT MOO and Request for Council Action
Date:
March 27, 2001
Copies:
The Request for Council Action, Resolution, and MOO for the IMPACT Program was presented
for approval by the Mayor and Common Council during the Council meeting of November 20,
2000.
The MOO then went to the County Council where it was apparently misplaced. The agreement
was not ratified by the County.
The entire package concerning the IMPACT program is being resubmitted in its entirety to the
Mayor and Common Council for ratification. The agreement time period has been increased to
120 days to facilitate the County's participation.
Inn
THE SBPD IS COMMITTED TO PROVIDING:
PROGRESSIVE QUALITY POLICE SERVICE;
A SAFE ENVIRONMENT TO IMPROVE THE QUALITY OF LIFE;
A REDUCTION IN CRIME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING
,
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 a memorandum of understanding (MOD) with the County of San Bernardino
Probation Department that defines the operating agreements between the two organizations as
they administer the grant funded juvenile accountability program known as Intervention and
Management of Probationer Accountability and Compliance of Terms (IMPACT).
BACKGROUND
On 3-20-00, the City Council ratified Resolution #2000-56, authorizing the Mayor to submit an
application to accept the FY 1999/00 Juvenile Accountability Incentive Block Grant (JAlBG).
This grant provides $104,215 in federal funding designated to cover the salary and benefits of
one police officer and one county probation officer. An additional $18,446 in Asset Forfeiture
funds will be used to cover the mandatory cash match and a portion of the salary and benefits of
the police officer not covered by federal grant funding. The project total is $122,461.
On 9-26-00, the County of San Bernardino Probation Department received a $800,000 Bureau of
Justice Assistance Innovative Concept Grant for the San Bernardino County ''Night Light"
program. The program is modeled after the successful Boston "Night Light" Grant, which
deployed teams of probation officers and police officers who work in partnership to reduce crime
among juvenile and young adult offenders in the late evening and early morning hours. The
Probation Department grant provides funding for one police sergeant, four police officers, four
probation officers, and necessary support equipment.
The Police and Probation Departments will use this combined grant funding to deploy five police
officer /probation officer teams within the City of San Bernardino. This local program known as
Intervention and Management of Probationer Accountability and Compliance of Terms
(IMP ACT) will conduct accountability compliance checks on juvenile probationers and young
adult offenders. Programs will include enforcement, diversion, counseling and referral
components involving a partnership between juvenile justice agencies, city schools, and non-
profit service providers.
Probation and Police Department representatives have prepared the attached MOD that defines
the operating agreements between the two organizations as they administer the IMPACT
Program. The major points of the MOD include:
. Shared supervisory responsibilities
. Staffing commitments by each agency to include
~ One police sergeant - City
~ One supervising probation officer - County
~ Five police officers - City
~ Five probation officers - County
. JAIBG Program grant reporting and disbursement offunds
. Bureau of Justice Assistance grant reporting and disbursement of funds
. Equipment retention
. Overtime
~ Responsibility of agency supplying staffing
~ Effective and efficient administration will be used to avoid unnecessary overtime costs
. Liability
~ Each participating agency retains liability for their respective employees while assigned
to the program
~ Reciprocal indemnification and hold harmless agreements
. Distribution of program assets
. Standard operating procedures
FINANCIAL IMPACT
Outlined below are the costs of the IMPACT Program. The City's Police Department and the
County's Probation Department will combine their respective grant funds to provide the
$922,461 needed to operate the program for FY 2000/01.
On 3-20-00, the Mayor and Council authorized the Police Department to accept the JAffiG grant
and utilize JAffiG grant funds ($52,008) and FY 2000/01 Asset Forfeiture Funds ($18,446) to
fund one (1) police officer position (position and funding was included in the FY 2000-01
adopted budget). JAIBG grant funds will provide funding ($52,007) for one (1) probation officer.
County Probation has agreed to cover one-half of the cash match ($5,779) for the JAffiG grant,
which will increase the Police Department's miscellaneous revenue collected for FY 2000/01.
By entering into this MOD with the County, the City will be committing an additional $354,940
in annual resources (4 additional officers and 1 sergeant.). The County's Night Light grant will
contribute $337,412 in funding towards these positions (positions and funding are not included in
the FY 2000-01 adopted budget). Actual personnel costs for the five additional positions will be
less than the $337,412 in County grant funding due to delays in commencing the IMPACT
Program and staggered hiring.
The impact to the General Fund is minimal and consists primarily of costs associated with using
existing equipment (one vehicle, police radios, safety equipment) and estimated overtime costs
totaling $7,500 (both items are included on the FY 2000-01 adopted budget). Overtime will be
managed and kept at a minimum.
County Probation has received preliminary notification that federal funding will be available to
continue the Night Light grant in FY 2001/02. If the Night Light Grant (or the JAIBG grant) is
not renewedlfunded in FY 2001/02, there is no requirement or obligation that the police officers
hired under the grant are retained or the IMPACT Program continued.
JAIBG COUNTY ASSET TOTAL
(Approved NIGHT FORFEITURE
by LIGHT
Mayor/Cou
ncil
3/20/00)
CITY RESOURCES:
Five Police Officers $52,008.00 $258,049.24 $ 6,888.00 $316,945.24
One Sergeant -0- $ 79,362.76 -0- $ 79,362.76
Cash Match -0- $ -0- $11.558.00 $ 11.558.00
Total $52,008.00 $337,412.00 $18,446.00 $407,866.00
COUNTY
RESOURCES:
Five Probation Officers $52,007 $241,748 -0- $293,755
Operating Expenses -0- $ 84,740 -0- $ 84,740
Equipment -0- $136.1 00 -0- $136.100
Total $52,007 $462,588 -0- $514,595
TOTAL $104,015 $800,000 $18,446 $922,461
RECOMMENDATIONS
Adopt Resolution.
Attachments: Proposed MOV
County Night Light Grant
IMP ACT Prospectus
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITI'
OF SAN BERNARDINO AUlHORIZING THE EXECUTION OF A
MEMORANDUM OF UNDERSTANDING (MOD) WITH THE COUNIT OF SAN
BERNARDINO PROBATION DEPARTMENT THAT DEFINES THE OPERATING
AGREEMENTS BETWEEN THE TWO ORGANIZATIONS AS THEY ADMINISTER
THE GRANT FUNDED JUVENILE ACCOUNTABILITI' PROGRAM KNOWN AS
INTERVENTION AND MANAGEMENT OF PROBATIONER ACCOUNTABILITI'
AND COMPLIANCE OF TERMS (IMPACT).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I. That the Mayor and Common Council of the City of San Bernardino
authorize the Mayor to execute an agreement between the City of San Bernardino Police
Department and the County of San Bernardino Probation Department, to administer the grant
funded juvenile accountability program known as Intervention and Management of Probationer
Accountability and Compliance of Terms (IMP ACI).
SECTION 2. The authorization to execute the above referenced memorandum of
understanding is rescinded if it is not issued within one hundred-twenty (120) days of the
passage of this resolution.
This agreement was previously approved by Council on 11-20-00. Because the County
did not execute the agreement in a timely manner, the resolution passage time frame will be
changed from 60 to 120 days.
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April 2, 2001
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
MEMORANDUM OF UNDERSTANDING (MOU) WITH THE COUNTY OF SAN
BERNARDINO PROBATION DEPARTMENT THAT DEFINES THE OPERATING
AGREEMENTS BETWEEN THE TWO ORGANIZATIONS AS THEY ADMINISTER
THE GRANT FUNDED JUVENILE ACCOUNTABILITY PROGRAM KNOWN AS
INTERVENTION AND MANAGEMENT OF PROBATIONER ACCOUNTABILITY
AND COMPLIANCE OF TERMS (IMPACT).
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held on the
9 _day of
,2001, by the following vote, to wit:
10
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
11 ESTRADA
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24 Approved as to
25 form and legal content:
JAMES F. PENMAN,
26 City Attorney
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this _ day of.
,2001. .
Judith Valles, Mayor
City of San Bernardino
Fred Aguiar, Chairman
County Board of Supervisors
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Introduction
This memorandum of understanding (MOU) between the San Bernardino Police Department (SBPD)
and the County of San Bernardino Probation Department (Probation) defines the operating agreements
between the two organizations as they administer the grant funded juvenile accountability program
known as IMPACT (based on a successful program in Boston called "Night Light").
A police sergeant provided by The San Bernardino Police Department and a supervising probation
officer provided by Probation will share supervision responsibilities.
The sergeant will provide field supervision for all subordinate members assigned to the program and
provide necessary input for probation officer (PO) performance evaluations to Probation. The
Probation supervisor will provide input to the program to insure goals are achieved. This supervisor
will also be responsible for probation issues normally handled by Probation. These include, but are not
limited to, completion of reports, payroll, and the court filing of probation violations and other court
documents.
Staffing
In addition to the police sergeant and supervising probation officer, qualified personnel recommended
for assignment by the participating agencies will staff the program. Five police officers from SBPD
and five probation officers from Probation staff the program.
In order to minimize disruption to the program, assignment to the program will normally be at least
one year. SBPD and Probation, however, retain the right to move personnel to accomplish individual
agency needs and to conform to City of San Bernardino and County of San Bernardino personnel rules.
Each agency agrees that placement in the program should be based on past favorable job performance,
specialized experience which will enhance the accomplishment of the goals of the program, and the
ability to work with others in a close, team environment.
Personnel not meeting acceptable standards of performance or refusing to comply with program
policies and procedures may be removed from the program and transferred back to the parent agency.
FISCAL PROCEDURES
A Program Funds
SBPD retains sole responsibility and accountability for the reporting and disbursement of
Juvenile Accountability Incentive Block Grant (JAIBG) funds acquired by the City of San'
Bernardino. Each agency agrees to the following in regards to those JAIBG funds:
I. Periodic grant reporting to the funding source and auditing processes conducted by the
funding source remain the responsibility ofSBPD.
2. Any provision of this MOU deemed in conflict with (I) agreements ratified by the San
Bernardino County Board of Supervisors, (2) the City of San Bernardino Common Council,
or (3) grant requirements will be null and void.
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3. The MOU assumes that one half of the JAIBG award will be disbursed by the City of San
Bernardino to the County of San Bernardino (as sub-grantee). The intent of each half is to
fund one police officer and one probation officer position.
Probation retains sole responsibility and accountability for the reporting and disbursement of
grant funds acquired by the County of San Bernardino to fund their portion of the program.
Each agency agrees to the following in regards to those specific grant funds:
I. Periodic grant reporting to the funding source and auditing processes conducted by the
funding source remain the responsibility of Probation.
2. Any provision of this MOU deemed in conflict with (1) agreements ratified by the San
Bernardino County Board of Supervisors, (2) the City of San Bernardino Common Council,
or (3) grant requirements will be null and void.
3. The MOU assumes the Probation grant will fund four police officer positions and one
police sergeant position (the City of San Bernardino receiving the funds as a sub-grantee of
the grant acquired by Probation) as well as Probation personnel and equipment.
Equipment acquired by either agency (paid for with grant funds) remains the property of the
acqumng agency.
B. Salaries and Benefits
Increases of salaries or benefits during the project remain the responsibility of the individual
agency.
C.
Participant Claims for Reimbursement
Each agency agrees to cooperate in providing information or administrative support to assist in
claims for reimbursement to the grant funders.
D. Right to Audit
Each agency retains responsibility to comply with audits required by the grants. Each agency
agrees to cooperate in providing information or administrative support to assist in audits
required by either the City of San Bernardino or County of San Bernardino.
E. Overtime
Overtime costs not covered by either grant remain the responsibility of the agency responsible
for the individual employee. Each agrees to work cooperatively in the effective and efficient
administration of the project in order not to unnecessarily incur overtime costs.
F. Indirect costs
Indirect costs (i.e., administrative overhead, garage charges, etc.) remam the individual
responsibility of each agency.
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LIABILITY
Each participating agency shall retain liability responsibility for their respective employees while
assigned to the program. This includes industrial injury claims, vehicle accidents, and third party
claims for monetary damages arising from vehicle accidents and other alleged torts. Additionally, the
parent agency shall also be responsible for any and all workers compensation claims of their respective
employee if he/she should become injured in the course and scope of hislher duties while assigned to
the program.
The County of San Bernardino agrees to indemnify and hold harmless the City of San Bernardino, its
officers, employees, agents, and 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 agreement, but only in proportion to, and to the extent
such liability, loss expense, attorney's fees, or claims for injuries or damages are caused by or are the.
result of the negligent or intentional acts or omissions of the County, its officers, agents or employees.
The City of San Bernardino shall defend, indemnify, and hold harmless the County of San Bernardino
and its officers, employees and agents from and against any and all liability, loss expense, attorney's
fees, or claims for injuries or damages arising out of the performance of this agreement, but only in
proportion to, and to the extent such liability, loss expense, attorney's fees, or claims for injuries or
damages are caused by or are the result of the negligent or intentional acts or omissions of the City, its
officers, agents or employees.
OPERATION LOCATION
The program will utilize existing physical assets of SBPD and Probation to conduct briefmgs and
complete administrative tasks including completion and filing of reports.
EOUlPMENT
The program supervisors will be accountable for the equipment assigned to the program and will use
approved applicable procedures for procuring, accounting, and safeguarding fixed assets.
VEHICLES
Vehicles will be purchased using grant funds through approved procurement procedures. Maintenance
and fuel costs of vehicles assigned to the program will be the responsibility of the acquiring agency.
COMMUNICA nONS EQUIPMENT
Communications equipment acquired will be maintained and repaired by the County of San
Bernardino. Communications equipment acquired remains the property of the acquiring agency at the
end of the project.
OTHER EQUIPMENT
Each agency agrees to cooperate in the acquisition, maintenance and disposition of any other
equipment necessary for the effective administration of the project.
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DISTRIBUTION OF PROGRAM ASSETS
At the conclusion of the project, each agency agrees to distribute program assets (i.e., equipment) in
accordance with grant requirements. If distribution rules are not specified in either grant, the assets
remain the property of the acquiring agency.
ASSET FORFEITURE SHARING
Program operations, which result in either state or federal asset seizures, shall be shared equally by
both agencies (i.e., 50% net disbursement to each agency) in accordance with asset forfeiture laws and
regulations. Asset forfeiture processes and required court filings and reports will be completed by
SBPD. Both agencies understand that asset forfeiture sharing amounts are specified by law and this
section simply defines an agreement to share equally in those net assets generated as a result of the
program.
STANDARD OPERATING PROCEDURES
The program supervisors will examine applicable policies for the individual agencies. Any policies
which conflict significantly will be evaluated by the program supervisors to create an applicable
program policy or practice.' Each agency agrees to cooperate in the development of program policies
that do not significantly conflict with the mission, vision, or values of either agency. In the event only
one agency has a policy addressing a specific issue that policy will be reviewed for adoption by the
program.
In cases where the policies or procedures conflict with the employee's parent agency, the employee
shall abide by the policies of his or her agency. The parties may adopt a policy that reconciles any
conflict. If so, the reconciled policy will be followed.
The investigation of uses of force, particularly those involving injury or death to either an employee or
another, shall be conducted by the law enforcement agency having jurisdiction of the incident. Vehicle
accidents will be handled by the agency having jurisdiction at the location where the accident occurs.
Nothing in this MOU precludes further investigation or concurrent investigation by the employee's
agency. The program supervisor will ensure the agency of the involved employee has been promptly
and appropriately notified of either a use of force or injury.
Injured personnel will be taken to the most immediate and competent medical facilities available. The
employee's agency will be immediately notified of any injury to their personnel. The program
supervisor from the injured employee's agency is responsible for completion of applicable internal
forms.
Program member evaluations and investigations of citizen's complaints or internal investigations shall
be investigated jointly by both agencies. Either the SBPD lieutenant assigned to the program or the
supervising probation officer for Probation will determine primary internal affairs investigation
responsibility. In the event of disagreement on this issue, the participating agencies may elect to
conduct concurrent investigations or resolve the issue between the Chief of Police and the Chief
Probation Officer. Disciplinary actions against individual employees remain the responsibility of the
employing agency.
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REPORTING
The program supervisors will be responsible for implementing a reporting system which tracks team
activities, statistics, and accomplishments of program operations.
Each agency agrees to cooperate with each other in the preparation of reports deemed necessary to
provide accountability to SBPD, Probation, or the grant authority.
AMENDMENTS TO THE MOU
This MOD may be amended in writing at any time with the concurrence of both agencies. Any
amendment shall be in writing and approved by the Board of Supervisors and the City of San
Bernardino Common Council.
TERMS OF AGREEMENT
The MOD will remain in effect until the program ends or either agency agrees to terminate the project.
SIGNATURES
The undersigned certifY they represent and have the authority to execute this agreement on behalf of
their respective agencies and, in signing this agreement, concur with and support the IMPACT
program as set forth in this agreement and for the period and purposes as stated herein.
Judith Valles, Mayor
City of San Bernardino
Date
Fred Aguiar, Chairman
County Board of Supervisors
Date
Approved as to form and legal content
JAMES F. PENMAN
City Attorney
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. CITY CLERK'S OFFICE
RAcHEL G. CLARK, CM.C. - CITY CLERK
'"
P.O. Box 1318 . San Bernardino' CA 92402
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
Business Registration Division: 909.384.5302
Passport Acceptance Facility: 909.384.5128
www.cLsan-bernardino.ca.us
April 24, 2001
Fred Aguiar, Chairman
County Board of Supervisors
430 North Vineyard, Suite 315
Ontario, CA 91764
Dear Mr. Aguiar,
At the Mayor and Common Council meeting of April 16, 2001, the City of San Bernardino
adopted Resolution 2001-73 - Resolution authorizing the execution of a Memorandum of
Understanding (MOU) with the County of San Bernardino Probation Department that defines
the operating agreements between the two organizations as they administer the grant jitnded
Juvenile Accountability Program known as Intervention and Management of Probationer
Accountability and Compliance of Terms (IMPACT).
Enclosed are eight (8) original agreements. Please sign in the appropriate locations and return
one original agreement to the City Clerk's Office, Altn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please be advised that the resolution and agreement will be null and void if not executed
within 120 days, or by August 14, 2001.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
tIJ~<,~jj/{t ....J}"{c~.
Mtchelle Taylor'
Senior Secretary
Enclosure
cc: Sgt. Dwight Waldo, San Bernardino Police Department
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 4 -I b -0 \ Item #
Vote: Ayes /-6," Nays fy-
Change to motion to amend original documents:
I C\ Resolution # --zco \ - -, 3
Abstain Pr Absent {,.,
Reso. # On Attachments: L- Contract term: -
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: 4 - \ C);() ,
Date of Mayor's Signature: 4-1'1-Ct
Date of ClerklCDC Signature: .l\ ",t\ -0 \
NullNoid After: r2Cl DA<j! / '6-1'-/ -I) \
By: -
Reso. Log Updated:
Seal Impressed:
.,,/
Y"
Date Memo/Letter Sent for Signature: 4- ZA,--c::. \
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: ./' Date Returned: GwS-Q I
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distribnted to:
City Attorney .v
Parks & Rec.
Code Compliance
Dev. Services
Police /'
Public Services
Water
Notes:
Yes ,/ No By
Yes No / By
Yes No ./ By
Yes No V By
Yes No --r By
EDA
Finance
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: rnr
Date: (,,-5 -b I
Revised 01/12/01