HomeMy WebLinkAbout25-Public Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Subject: Resolution authorizing the
execution of an agreement and
issuance of a purchase order to
Chaparral Motorsports of San
Bernardino pursuant to Section
3.04.010-B3 of the Municipal Code for
the purchase of three (3) 2007 Honda
ST1300P police motorcycles to be
utilized by the Police Department.
Dept: Public Services
Date: November 6, 2007
Meeting Date: December 3, 2007
Synopsis of Previous Council Action
Reso 2005-432 12/19/2005 Approved purchase of (6) Honda Motorcycles
Reso 2006-320 9/5/2006 Approved purchase of (9) Honda Motorcycles
Recommended Motion:
Adopt Resolution
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Contact person Don Johnson, Fleet Manager
Phone:
5220
Supporting data attached: Staff Report,
Quote, Resolution, Agreement.
Ward:
All
FUNDING REQUIREMENTS:
Amount:
$47,145.00
635-341-5701
Motor Vehicles
Source:
Finance:
Council Notes:
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Agenda Item No. ~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution authorizing the execution of an agreement and issuance of a purchase order
to Chaparral Motorsports of San Bernardino pursuant to Section 3.04.010-B3 of the
Municipal Code for the purchase of three (3) 2007 Honda ST1300P police motorcycles
to be utilized by the Police Department.
Background:
The Police Department currently utilizes a combination of Honda ST1300P and
Kawasaki KZ 1000 motorcycle for traffic control throughout the City. Three of the
remaining Kawasaki's are on the approved FY07/08 Vehicle Replacement List. These
have become an economic burden, and specific parts are no longer available as
Kawasaki has discontinued this unit. The out of service replacement criteria for these
units is 50,000 miles; they will all have surpassed that by time of delivery. Therefore,
they will be placed in surplus for auction. They are as follows:
Unit
#1001 2002 Kawasaki 52,870 miles
#1008 2002 Kawasaki 42,875 miles
#1010 2002 Kawasaki 44,443 miles
Kawasaki no longer manufactures a police motorcycle. In 2005, Fleet and Police
Department staff conducted a study to determine a replacement for the Kawasaki. As a
result of the study it was determined that the Honda ST1300P is the best unit for the
Police Department's needs. The Honda motorcycle was introduced to the Police fleet in
2005 and is serving the needs of the Traffic Unit well.
Fleet staff contacted the local Honda dealer for pricing. One quote was received as
follows, see Exhibit 1 :
Vendor Location
Chaparral Motorsports San Bernardino
Quote
$15,715.00 ea. Tax incl.
The total cost for the purchase of the three motorcycles is $47,145.00 including tax.
Financial Impact:
Funds for this purchase are available in the FY2007/2008 Account No. 635-341-5701,
Motor Vehicles.
Recommendation:
Adopt resolution.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING
THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE
3 ORDER TO CHAPARRAL MOTORSPORTS OF SAN BERNARDINO PURSUANT
TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE FOR THE PURCHASE OF
4 THREE (3) 2007 HONDA ST1300P POLICE MOTORCYCLES TO BE UTILIZED BY
5 THE POLICE DEPARTMENT.
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BE IT RESOLVED BY THE MA VOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The City Manager of the City of San Bernardino is hereby
9 authorized to execute on behalf of said City an Agreement between the City of San
10 Bernardino and Chaparral Motorsports, which is attached hereto, marked Exhibit "A"
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Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
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and incorporated herein by reference as fully as though set forth at length.
SECTION 2. This purchase is exempt from the formal contract procedures of
Code "Purchases approved by the Mayor and Common Council".
SECTION 3. That Chaparral Motorsports has offered a purchase price of
$47,145.00 including tax pursuant to Section 3.04.010 B-3 of the Municipal Code for
the purchase of three (3) 2007 Honda ST1300P police motorcycles. Pursuant to this
determination the Finance Director is hereby authorized to issue a purchase order to
Chaparral Motorsports, in the amount of $47,145.00, which will facilitate the
procurement of the three (3) 2007 Honda ST1300P police motorcycles.
SECTION 4. The Purchase Order shall reference this Resolution No. 2007-_
and shall read, "Purchase of three (3) 2007 Honda ST1300P police motorcycles, P.O.
not to exceed $47,145.00" and shall incorporate the terms and conditions of the
Contract.
November 20, 2007
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1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING
THE EXECUTION OF AN AGREEMENT AND ISSUANCE OFA PURCHASE
2 ORDER TO CHAPARRAL MOTORSPORTS OF SAN BERNARDINO PURSUANT
TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE FOR THE PURCHASE OF
3 THREE (3) 2007 HONDA ST1300P POLICE MOTORCYCLES TO BE UTILIZED BY
THE POLICE DEPARTMENT.
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SECTION 5. The authorization to execute the above referenced Purchase
Order and agreement is rescinded if not issued within sixty (60) days of the passage of
this resolution.
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November 20, 2007
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING
2 THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE
ORDER TO CHAPARRAL MOTORSPORTS OF SAN BERNARDINO PURSUANT
3 TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE FOR THE PURCHASE OF
THREE (3) 2007 HONDA ST1300P POLICE MOTORCYCLES TO BE UTILIZED BY
4 THE POLICE DEPARTMENT.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
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meeting thereof, held on the
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Mayor and Common Council of the City of San Bernardino at a
day of
, 2007, by the
following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
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BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is
,2007.
hereby approved this
day of
Patrick J. Morris, Mayor
City of San Bernardino
es F. Penman, City Attorney
November 20. 2007
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 3rd day of December
2007, by and between Chaparral Motorsports ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the purchase of three (3) 2007 Honda
ST1300P police motorcycles; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for the purchase of three (3) 2007 Honda ST1300P police motorcycles.
NOW, THEREFORE, the parties hereto agree as follows:
1.
SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in this purchase agreement.
2.
COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $47,145.00 for three (3) 2007 Honda
ST1300P police motorcycles.
b. No other expenditures made by VENDOR shall be reimbursed by CITY
TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year.
This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
Exhibit "A"
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4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the forgoing, 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
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
Exhibit "A"
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6. 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, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
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
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
Exhibit "A"
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TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Chaparral Motorsports, Attn. Todd Baldwin
555 South "H" Street
San Bernardino, CA 92410
Telephone: (909) 915-3067
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law aSSIgn, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assigrunent, transfer, subletting or encumbrance shall be void
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.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Exhibit "A"
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Bernardino, State of California or the U.S. District Court for the Central District of California,
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provisions.
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16 This Agreement constitutes the entire agreement and the understanding between the
17 parties, and supercedes any prior agreements and understandings relating to the subject manner
18 of this Agreement. This Agreement may be modified or amended only by a written instrument
19 executed by all parties to this Agreement.
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Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14.
SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
16.
ENTIRE AGREEMENT; MODIFICATION.
Exhibit "A"
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5 Dated:
9 Dated , 2007
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13 Approved as to Form:
VENDOR SERVICE AGREEMENT
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
,2007
VENDOR
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By:
Its:
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
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16 James F. Penman, City Attorney
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Exhibit "A"
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Fax sent by
9893867348
chaparralMOtorsports
11/88/87 89:24
DATE
555 South "H" Street
Slln Bernardino. California 92410
11/8/2007
NAME ~CITY OF SAN BERNARDINO
ADDRESS 182 S SIERRA WAY
CITY SAN BERNARDINO. CA 92408
PH 909-384-5738
fax 909-384-5013
e;ontact SON JOHNSON
uanit
3 2007 ST-1300PA-7
TOTAL
EACH $14.500.00
#####
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Payment
$ubtotal
TAX
lie;
doc fee
total
Net 30
XXX
COO
Cash
$14,500.00
$1.160.00
I $0.00 I
$55.00
$15,715.00
X3.. $47,145.00
Expi ration
Remit Payment to: Chaparral Motorsports 909-889-2761
555 South "H" Street
San Bernardino, CA 92410
TODD BALDWIN direct # 909--915--3067
455
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 3rd day of December
2007, by and between Chaparral Motorsports ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the purchase of three (3) 2007 Honda
ST1300P police motorcycles; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors forthe purchase of three (3) 2007 Honda ST1300P police motorcycles.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the servIces of
VENDOR to provide those products and services as set forth in this purchase agreement.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $47,145.00 for three (3) 2007 Honda
STl300P police motorcycles.
b. No other expenditures made by VENDOR shall be reimbursed by CITY
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year.
This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
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4. INDEMNITY.
CITY agrees to indemnifY and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the forgoing, 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
Insurance furnished to the CITY shall require the insurer to notifY CITY of any change or
termination in the policy.
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6. 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, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
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
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
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TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Chaparral Motorsports, Attn. Todd Baldwin
555 South "H" Street
San Bernardino, CA 92410
Telephone: (909) 915-3067
]0. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
] 1. ASSIGNMENT.
VE!\'DOR shall not voluntarily or by operation of law aSSIgn, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
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.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
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Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
proVISIOns.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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VENDOR SERVICE AGREEMENT
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
,2007
VENDOR
By:
Its:
Dated
,2007
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Approved as to Form:
By:
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