HomeMy WebLinkAboutCOMPREHENSIVE HOUSING SERVICES, INC - 2003-09-06Su lty Contracts Submittal to
City Clerk's offioa
HLm, &Xh• A
To: City Clerk
1. Name of Contractor: Comprehensive Housing Services, Inc. (Amendment No. 1)
2. Purpose of Contract: For Example. 4udit Services or Water Quality Testing Huntington Lake — Huntington Central Park
As needed wage compliance services
3. Amount of Contract: extension of term only
Copy of contract distributed to: The ORIGINAL insurance certificatelwaiver sent to Risk
Management
Initiating Dept._
City Treasurer_ ORIGINAL bonds sent to Treasurer
City Attomey's Office
Date: 4121/05
g:/Attymisclforms/city clerk contract transmittal.doc
AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE
CITY OF HUNTINGTON BEACH AND COMPREHENSIVE HOUSING
SERVICES, INC., FOR AS -NEEDED WAGE COMPLIANCE SERVICES
THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON
BEACH, a California municipal corporation, hereinafter referred to as "City", and COMPREHENSIVE
HOUSING SERVICES, INC., a California corporation, hereinafter referred to as "Consultant".
WHEREAS, City and Consultant are parties to that certain agreement, dated March 24, 2004,
entitled "Professional Services Contract Between the City of Huntington Beach and Comprehensive
Housing Services, Inc. for As Needed Wage Compliance Services" which agreement shall hereinafter be
referred to as the "Original Agreement," and
City and Consultant wish to amend the Original Agreement to extend the Term,
NOW, THEREFORE, it is agreed by City and Consultant as follows:
EXTENSION OF TERM
The Term of the Original Agreement is hereby extended for an additional period up to and
including March 24, 2006.
2. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the Original
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the arties hereto have caused this Agreement to be executed by and
through their authorized officers on
COMPREHENSIVE HOUSING SERVICES, CITY OF HUNTINGTON BEACH, a
INC., a California corporation municipal corporation of the State of California
By:
G A `'I L 8 L 0Q A4 A-L-r_ Director o ublic Works
print name
ITS: (circle one) Chairma resr�Nice President
INFL11►117
IN
ITS: (circle one Secret hief Financial
Officer/Asst. Secretary - Treasurer
APPROVED AS TO FORM:
City Att mey c2zf
05agreelamend CHS
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PRODUCER
DATE (IAMIDDIYYj -
01/17/05 ;.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
WATERS INSURANCE SERVICES
ONLY AND CONFERS NO FIGHTS UPON THE CERTIFICATE
LICENSE NO.: 0570726
90061 TALBERT AVE., SUITE 200
FOUNTAIN VALLEY, CA 92708
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
- COVERAGE --
COMPANY COMPANIES AFFORDING
A GOLDEN EAGLE INSURANCE CORP-
INSURED COMPREHENSIVE HOUSING SERVICES, INC.
8840 WARNER AVENUE, SUITE 203
COMPANY
B LANDMARK AMERICAAN INSURANCE COMPANY
^
COMPANY
FOUNTAIN VALLEY, CA 92708
C
COMPANY
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 8 Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY
HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE {'IAIIDDryY)
POLICY EXPIRATICW
DATE {MMlOOIYY}
LIMITS
GENERALLIAB!l.ITY
GENERAL AGGREGATE
S 2,(M,000
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE L OCCUR
CBP9679321
12-27-04
12-27-05
PRODUCTS-COMPIOP AGG
S 1,000,000
PERSONAL & ADV INJURY
$ 1,Q40,ow
EACH OCCURRENCE
$ 1 ,01XI'mo
OWNER'S & CONTRACTOR'S PROT
FIRE DAMAGE (Any rye fire)
$ 100,000
Mill EXP (Any ona person)
_
$ 5,000
AUTOMORLE
LIABILITY
ANY AUTO
COMBFNED SINGLE LIMIT
$
_ _..
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
B001LYiNJURY
(Per accident)
S
PROPERTY DAMAGE
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
OTHER THAN AUTO ONLY.
EACH ACCIDENT
S
AGGREGATE
$
TO FORM
EXCESS LIABILITY
EACH OCCURRENCE
S
UMBRELLA FOIE!
OTHER THAN UMBRELLA FORM
IBR
�y�
CGRATH� Ci
lj.
AttorneyR
AGGREGATE
m
$
�^
WORKER'S COMPENSATION AND
STATUTORY LIMITS
EMPLOYERS' LIABILITY
EACH ACCIDENT
g
THE PROPRIETOR/ INCL
PARTNERS/EXECUT3VE
FIEXCL
DISEASE -POLICY LIMIT
$
OFFICERS ARE:
DISEASE - EACH EMPLOYEE
S
B PROFESSIONAL LHR803420
LIABILITY
11-05-04 11-05-05 EACH CLAIM: 1,000,000
AGGRGATE: 1,000,000
DESCRIPTION F N
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS
THE NAMED INSURED PER ENDORSEMENT ATTACHED.
RESPECTS ALL OPERATIONS PERFORMED BY OR ON BEHALF OF
*TEN (10) DAYS FOR NON-PAYMENT
SHOULD ANY OF THE ABOVE OESCRMED POLICIES BE CANCELLED BEFORE THE
CITY OF HUNTINGTON BEACH
ATTN: RISK MANAGEMENT
2000 MAIN STREET
'EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL &MUM MAC
*30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
HUNTINGTON BEACH, CA 92648
AUTHORIZED REPRESENTATIVE
CALVIN WATERS
POLICY NUMBER: CBP 9 6 7 9 3 21 COMMERCIAL GENERAL LIABILITY
CG 20 10 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modtrm insurance provided under the followmq:
COMMERCIAL GENERAL UABIUTY COVERAGE PART
SCHEDULE
Name of Person or Organlzation:
The City of Huntington Beach, its agents, officers and
employees.
(If no entry appears above, information required to complete ibis endorserrent will be shown in the Declarations as
applicable to this endorsement.)
A. Section 11 — Wlw Is An Msured is amended to
include as an insured the person or organization
shown in the Schedule, but only with m"d to
liability arieft out of your ongok9 operations per-
formed for that insured.
B. With respect to the insurance of forded to these
additional insureds, the following exdusion is
added:
2. Excluskm
This insurance does not apply to "bodily in-
jury" or"property damage" occt rft after:
(1) AN work, including materials, parts or
equipment furnished in connection with
such work, on the project (other than
service, rnaint mum or repairs) to be
performed by or on behalf of the addi-
tional insured(s) at the site of the cov-
ered operations has been completed;
or
(2) That portion of "your work" out of which
the injury or damage arises has been
put to its intended use by any person or
organization other than another con-
bac for or subconbac for engaged in
perk ming operations for a printVal as
a pert of the same project.
APRVFER
AS O I~012M:
jcGRATH, C}-ty At orney
CO 20 10 10 01 0 ISO Properties, Inc., 2000 Page 1 of 1 13
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF Ht1NTINGTON BEACH AND
Comprehensive Housing Services, Inc.
FOR
As -Needed Wage Camgliance Seivices
Table of Contents
Scopeof Services .......................... ..........................................................••--......... I
CityStaff Assistance................................................................................................2
Term; Time of Performance...........................................................------.....---............2
Compensation..........................................................................................................2
Extrawork.... ...........................................................................................................
2
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents ...........................................3
HoldHarmless.........................................................................................................3
Professional Liability Insurance.............................................................................4
Certificate of Insurance............................................................................................5
Independent Contractor...........................................................•-•----..........................6
Termination of Agreement.......................................................................•----...........6
Assignment and Delegation.................................................•...............---...--------......6
Copyrights/Patents ..........
....,. ..... ..
. ... ..7
Cty=Employees and Officials. .... .... .. .7
Notices-'.' ...............................................................
... .........: .7 .
Consent....................... .. ....................................................................
....................... 8
Modification.............................................................................................................8
SectionHeadings....---••............................................................................................8
Interpretation of this Agreement .............................................................................A
DuplicateOriginal- ........ 11 ...........................................................
1 .............................. 9
Immigration...............................................................................................................9
Legal Services Subcontracting Prohibited ................................................................9
Attorney's Fees..................................--....................................................---..........10
Survival.....................................................................................................................10
GoverningLaw-.....................................................................................................1
o
Entirety......... .. ......... ............. ....... . ..................
......10
—7Z7yaY��vT
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
THIS AGREEMENT ("Agreement") is made and entered into this bth day of
September 20 03 , by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and
O�`�/�rltE.crluCuI�ir , a
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
A90 91l4Z4 fgf-fiP`g'" CC- ; and
m Pursuant to documentation on, file in the office of the City Clerk, the provisions of
the - Huntington Beach 'Municipal Code, Chapter 3.03, relating. to procurement of.
professional service contracts have been complied with; and �� 1
CONSULTANT has been selected to perform these services, L
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
I. SCOPE OF SERVICES .
CONSULTANT shall provide all services as desc ' in Exhibit "A,"
which is attached hereto and incorporated into.this Agreement y this reference. The
services shall sometim, es hereinafter be referred to as the "PR ECT."
�;' 9
CONSULTANT hereby designates who Is
to
it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
agreelformdprofsery I OA 5101 A 1
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement:
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence as soon as practicable after the execution of this Agreement by CITY (the
art rf- of TO oA A yJEE �
"Commencement Date"). This Agreement shall expire = oNE ygA& &r EA f6unless
sooner terminated as provided herein?f All tasks specified in Exhibit "A" shall be
completed no later than." lives SArcifit•-1 from the Commencement Date of this
i►3 R»j1 [�xt+�BiT14)
Agreement. These times maybe extended with the written permission of CITY. The time
for performance of the tasks identified in Exhibit "A" are generally to be shown in
Exhibit "A:" Thisy schedule rhay be amended to` benefit the PRO.IECT if mutually agrieed _
to in writing by CITY and CONSULTANT. T` i US AGRECAf.,JT ZS Re.v6jAaiit
4. COMPENSATION Y-hHe AA;re-s.
.n c ideratio of the performance of the services described herein, CITY
CONSULTA on a time and materials basis at the rates specified in °5
E ibit'A" whicZisac: hes
fee, inclall
5. EXTRA WORK
hereto and incorporated by reference into this Agreement,
costs and
expenses, not to exceed
_ Dollars (S S70, a o .
In the event CITY requires additional services not included in Exhibit "A"
or changes in the scope of services described in Exhibit "A," CONSULTANT will
undertake such work only after receiving written authorization from CITY. Additional
aWft/fon Vprofsefv10/15101-A 2
compensation for such extra work shall be allowed only if the prior written approval of
CITY isobtained.
b, METHOD OF PAYMENT. .
CONSULTANT shall be paid pursuant to the termsjofilbitV"B."
7. DISPOSITION OF PLANS ESTIMATES AND OOC S
CONSULTANT agrees that title to all materials pared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first.. These materials may be .used by CITY.
as it sees lit.
8. HOLD IIARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANTS subcontractors, if any) negligent performance of
this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or
damage which was caused by the sole negligence or willful misconduct of CITY.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
agret/farms/pmfsery 10/15M-A 3
A
approve selection of CONSULTANT's counsel. This indemnity shall apply to all -claims
and liability regardless of whether any insurance policies are applicable. The policy limits
do not net as limitation upon the amount 4f . indemnification to be provided by _
CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -
mentioned insurance shall not contain a self -insured retention, "deductible" or any other
similar form of limitation on the required coverage except with the express written consent
of CITY`-: A claims made"policy shall be acceptable. if the policy further provides flint:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements)-
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort.to maintain similar insurance during,
the. required extended period of coverage following PROJECT completion If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from worst performed in
connection with this Agreement.
aredformslpro&erv10/15/01-A 4
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall fiirnish to- CITY a certificate of insurance. subject to approval of the. City.Attorho
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall.
A.
B.
C.
provide the name and policy number of each carrier and policy;
shall state that the policy is currently in force; and
shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except
after thirty (30) days' prior written notice; however, ten (10) days,
prior written notice .in the event of cancellation for nonpayment . of
premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Ag[vement. CITY or its representative`shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt, and timely manner, the premiums on the insurance hereinabove required.
I L INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
sgfir fornWprofwrv10n5/01-A 5
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers; agents add.'einployees and all business licenses, if any; in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT s. services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to, it by CONSULTANT
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegate's and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 14 hereinabove.
14'. COPYRIGHTSMATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement
agrm form 1wofsery 1011901 A 6
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY ..
employee . in the 'work performed pursuant to this Agreement. No officer. or employee .of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Cayernment Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANTS agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the -addresses specified below. CITY .and CONSULTANT may designate different
addresses to which subsequent notices, certificates or Omer com ntinications wiill'be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN: Mn. a1600 �, 4 L k
2000 Main Street -
Huntington Beach; CA 92648
17. CONSENT
rTO CONSULTANT::
c�a ,tea f, y %UPS i G, SC—r ca-5
u Z A►•J ALtEye 92-7D,?
/ ,43: 661tiEz .a-LQQlkidsDkLC _.
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event-
agreelforms/profsery 10115A 1-A 7
� f �
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in.writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all :partsf this Agreement shall in all cases be construed.
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other ' whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no tight to contract, then the latter shall prevail, and the provision of this Agreement
agm/formslpmhervi0A%I-A 8
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L
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization. laws of.the United States and shall, in particular, comply
With the provisions'of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 300, the City Attorney is -the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.'
24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
9grw/farms/pmfserv1011510I-A 9
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each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorneys fees from the non -prevailing party. .
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERMNG LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each .has .had the ;opportunity to lconsult with legal :counsel .prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement warranty, fact or circumstance' not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
-between the. parties respecting the subject matter of this Agreement, and supercede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
Wft/fonnVpmfserv1011MI-a 10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the. day, month and year first above
CONSULTANT,
Compreheusive Housing Services, Inc. CITY OF HUNTiNGTON BEACH,
a munic pal corporatio f the State of California
Director of W Ue, MrLS
(Pursuant To HBMC f l03.100)
Gayle1<1.00m1 ngdale
print mule
ITS: (circle one) C icc president APPR .VED AS TO FO
AND >
City Attorney
RE " 'A
pdw
ITS: (circle one) SecretmyXhkf Financial OffkedAsst_
Secretary — Twasurer City Ad
(only for contracts
sefiam�slprofserv1011310I-A I I
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