Resolution No. 8479I
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RESOLUTION NO. 8479
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT TO PROVIDE MANDATED COST CLAIMING
SERVICES BY AND BETWEEN THE CITY OF VERNON AND
MAXIMUS, INCORPORATED FOR 2004-2005
WHEREAS, on August 22, 2001, the City Council of the City of
Vernon adopted Resolution 7807 approving an Agreement to Provide
Mandated Cost Claiming Services for the 2001-2004 fiscal years with
DMG-MAXIMUS, which provided for preparing, processing and filing the
City of Vernon's claims for reimbursement of state mandated costs from
the State of California; and
WHEREAS, MAXIMUS, Incorporated, or its predecessor companies
DMG-MAXIMUS, David M. Griffith &Associates, Ltd., has prepared,
processed and filed such state mandated cost claims on behalf of the
City of Vernon in an effective manner and its agreement has been
extended annually since October 20, 1992; and
WHEREAS, MAXIMUS, Incorporated has submitted an "Agreement to
Provide Professional Consulting Services to the City of Vernon" for
mandated cost claiming services for a period of July 1, 2004 through
September 30, 2005; and
WHEREAS, the fixed fee to provide the mandated cost claiming
services is Seven Thousand Eight Hundred Dollars and No Cents
($7,800.00), payable before July 31, 2005; and
WHEREAS, on June 21, 2004, the Finance Committee considered
the recommendation of Bruce V. Malkenhorst, the Director of Finance,
dated June 15, 2004, that an agreement with MAXIMUS, Incorporated be
japproved and executed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
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CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement to Provide Professional Consulting Services to
the City of Vernon with MAXIMUS, Incorporated, a copy of which is
attached hereto as Exhibit A and incorporated by reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Agreement for,
and on behalf of, the City of Vernon.
SECTION 4:The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to transmit one fully executed.
Agreement to:
MAXIMUS, Incorporated
Attn: Allan Burdick, Vice President
4320 Auburn Boulevard, Suite 2000
Sacramento, CA 95841
SECTION 5: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and thereafter
the same shall be in full force and effect.
APPROVED AND ADOPTED this 30th day of June, 2004.
ONIS C. MALBURG, Mayor
ATTEST:
BRUCE V. MALKENHORST, City Clerk
- 2 -
1 STATE OF CALIFORNIA )
ss
2 COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution, being Resolution No.
6 8479, was duly adopted by the City Council of the City of Vernon at. an
7 adjourned regular meeting of the City Council duly held on Wednesday,
8 June 30, 2004, and thereafter was duly signed by the Mayor of the City
9 of Vernon.
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11 BRUCE V. MALKENHORST, City Clerk
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(SEAL)
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3 -
EXHIBIT
V4&
• . - Contract Number' 04F-174
AGREEMENT TO PROVIDE
PROFESSIONAL CONSULTING SERVICES
TO THE CITY OF VERNON
THIS AGREEMENT, entered into this day of 2004 b and
between MAXIMUS, Incorporated Y
(hereinafter "Consultant") and the City of Vernon
(hereinafter "City"),
WHEREAS, Article XMB of the California State Constitution provides that local agencies may
recover costs associated with carrying out -programs mandated by the State -of California; and
WHEREAS, City desires to maximize its reimbursement for costs incurred in carrying out State
mandated programs, and has determined that engaging Consultant to assist in the mandated cost
claim preparation process is the most economical and cost effective means for preparing City's
state mandated cost claims; and
WHEREAS, Consultant is staffed with personnel knowledgeable and experienced in determining
the costs of governmental programs and in the submission of cost claims to the State of
California; and
WHEREAS, City desires to engage Consultant to assist in developing, submitting, and
negotiating cost claims pertaining to state mandated programs.
NOW, THEREFORE, the parties hereto mutually agree as follows:
(1) _Engagement. City agrees to engage Consultant and Consultant hereby agrees to perform
the following services.
(2) Scope of Services. Consultant shall perform, and carry out in a professional manner the
following services subject to the provisions of Section (8) below.
A. Prepare and submit cost claims pursuant to the Controller's 2004 annual claiming
instructions that require claims to be submitted to the State by January 15, 2005.
B. Prepare and submit other new or first-time cost claims pursuant to the Controller's
claiming instructions which are issued in accordance with parameters and
guidelines received from the Commission on State Mandates and mailed to local
agencies during the 2004-2005 fiscal year. For the purposes of this Agreement,
claims covered under this section shall include all claiming instructions issued
with dqe dates other than January 15, 2005.
C. Monitor the general payment status of all claims submitted on behalf of City
pursuant to this Agreement.
City of Vernon - 1 - April 30, 2004
. Contract f4umber: , 04F-174
D. Provide advice to the. City regarding questions associated with any claims filed by
Consultant from the State Controller's office. Test claims and incorrect reduction
claims are not covered under this Agreement.
Cost claims submitted by Consultant may consist of both direct and indirect costs.
Consultant may either utilize the ten percent (10%) indirect cost rate allowed by the State
Controller or calculate a higher rate if City records support such a calculation.
Consultant is not required to prepare a central service cost allocation plan or departmental
indirect cost rate proposals for City.
(3) Provision of Services. Consultant shall commence, cam, on, and complete the services
with all practicable dispatch, in a sound, economical, and efficient manner, in accordance
with the provisions herein and all applicable laws. In providing services, Consultant shall
take such steps as are appropriate to ensure that the work involved is properly
coordinated with related work being carried on by City.
(4) Personnel. Consultant represents that it has, or will secure at its own expense, all
Personnel required in performing the services under this Agreement. All of the services
required hereunder will be performed by Consultant or under its supervision, and all
personnel engaged in the work shall be fully qualified to perform the services described
herein.
(5) Term of Agreement. This Agreement shall become effective on July 1, 2004, and shall
continue in full force and effect until September 30, 2005.
(6) Time of Performance. The services to be performed hereunder by Consultant shall be
undertaken and completed in such sequence as to. assure their expeditious completion in
order to best carry out the purposes of this Agreement. All claim filing services required
hereunder shall be completed by the required date for each specific claim. Provided
however, Consultant shall not be. liable for delays in performance that are caused in
whole or in part by City, third parties over which Consultant does not have the legal right
to control or forces de majeure.
(7) Costs. Method of Compensation and Billing. For all of the above services provided,
section (2), the City agrees to pay Consultant compensation in a fixed fee in the amount
of seven thousand eight hundred dollars ($ 7,800). The Consultant will render to the City
invoice(s) for the fixed fee specified herein, with payment due on or before July 31, 2005.
Invoices unpaid sixty (60) days after July 31, 2005, will bear interest at the rate of 1% per
month.
(8) Waiver of Submission of Claim(s) Pursuant to Section (2) A & B. Notwithstanding any
other provisions of this Agreement, the submission of claims pursuant to Section (2) A
and B may be waived as set forth below. Upon waiver exercised by either party, City
shall pay Consultant for all work performed up to and until the effective date of waiver in
an amount not to exceed the maximum dollar amount indicated in Section (7).
City of Vernon -2- April 30, 2004
Contract Number.' 04F-17.4
A. At City Option: At the sole discretion of City, City may instruct Consultant to not
file a specific claim or claims pursuant to a specific State claiming instruction. Such
instruction must be in writing and provided to Consultant at least thirty (30) days prior to
the due date of the claim. The effective date of City's waiver shall be the date Consultant
receives City's written instruction.
B. At Consultant Option. At the sole discretion of Consultant, Consultant may notify
City of its intention to not pursue a specific claim and the reasons- therefore. Such
notification must be in writing and provided to City not less than thirty (30) days prior to
the due date of the claim. The effective date of Consultant's waiver shall be the date
Consultant mails its notification to City. Should Consultant not so notify City, City may
expect Consultant to pursue the claim if it is above the minimum limit set by the State.
(9) Services and Materials to be Furnished by Citv. Consultant shall provide guidance to
City in determining the data required for claims submission. Consultant shall assume all
data so provided is correct. Consultant shall make its best effort to file claims timely.
Consultant shall not be liable for claims that cannot be filed as a result of inadequate data,
or data that is provided in an untimely manner.
For purposes of this Agreement, data that is requested by Consultant must be provided
within three (3) weeks of the request, or three (3) weeks prior to the filing deadline,
whichever comes first, to be deemed to have been received in a timely manner.
(10) Records and Imections. Consultant shall maintain full and accurate records with respect
to all matters covered under this Agreement in accordance to State law. During such
period, City shall have free access at all proper times to such records, and the right to
examine and audit the same and to make transcripts therefrom. City shall provide thirty
(30) days written notice of its intent to inspect or audit any such records and shall conduct
such inspection or audit only during Consultants normal business hours. Any City
employee, consultant, subcontractor or agent who may have access to such records shall
execute a non -disclosure agreement prior to be granted such access.
(11) Third Party Obligations- City and Consultant are the only parties to this Agreement and
are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is
intended to give, or shall be construed to give or provide, any right or benefit, whether
directly or indirectly or otherwise, to third persons.
(12) Cop fight for Consultant's Proprietary Software. City acknowledges that the
deliverables provided by Consultant to City are generated by Consultant's proprietary
software. Nothing contained herein is intended nor, shall it be construed to require
Consultant to provide such software to City. City agrees that all ownership rights to the
software lie with Consultant. City may use the deliverables for and on behalf of its
operation.
(13) When Rights and Remedies not Waived. In no event shall the making by City of any
payment to Consultant constitute or be construed as a waiver by City of any breach of
City of Vernon -3- April 30, 2004
• Contract Number: W-m
covenant, or any default which may then exist on the part of Consultant, and the making
of any such payment by City while any such breach or default shall exist in no way
impair or prejudice any right or remedy available to City in respect to such breach or
default.
(14) Consultant Liability if Audited. Consultant will assume all financial and statistical
information provided to Consultant by City employees or representatives is accurate and
complete. If audited, Consultant shall make workpapers and other records available to
the State auditors. Any subsequent disallowance of funds paid to City under the claim(s)
for whatever reason is the sole responsibility of City. However, if requested by City,
Consultant shall provide reasonable assistance to the City in defending claims at the desk
audit level if an audit results in a disallowance of at least ten percent (10%). Reductions
of less than ten percent (10%) shall not be contested by Consultant. Nothing in this
section or any part of this Agreement shall be construed to include Incorrect Reduction
Claims preparation.
(15) Independent Contractor. The parties intend that Consultant, in performing the services
specified in this Agreement shall act as an independent contractor and shall have full
control of the work and the manner in which it is performed. Consultant and Consultant's
employees are not to be considered agents or employees of City for any purpose.
(16) Insurance. Consultant shall maintain appropriate general liability insurance, workers'
compensation insurance, automobile insurance, and professional liability insurance.
(17) Limitation of Liability. In no event shall Consultant be liable for indirect, special,
consequential or punitive damages. Consultant's liability to the City, for any reason
whatsoever and whether foreseeable or not, shall not exceed the total amount paid to
Consultant under this Agreement.
(18) Changes. Either party may, from time to time, require changes in the scope of services to
be performed hereunder. Such changes, which are mutually agreed upon by and between
the parties, shall be incorporated in a written and mutually executed amendment to this
Agreement.
(19) Notices. Any notices, bills, invoices, or reports required by this Agreement shall be
sufficient if sent by the parties in the United States mail, postage paid, to the address
noted below:
Contact Name: Title:
Address:
Phone M Fax M
Email Address:
City of Vernon - 4 - April 30, 2004
` Contract Dumber:: 04r-174
MA)CMUS, Incorporated
4320 Auburn Blvd., Suite 2000
Sacramento, CA 95841
(916) 485-8102 Fax: (916) 485-0111
Such notice shall be deemed delivered five (5) days after deposit in the U.S. mailbox,
(20) Severability. Should any part, term, portion, section or provision of this Agreement be
decided finally to be in conflict with any law of the United States or the State of
California, or otherwise be unenforceable or ineffectual, the remaining parts, terms,
portions, sections or provisions shall be deemed severable and shall remain in full force
and effect.
(21) Matters to be Disregarded. The titles of the sections, subsections, and paragraphs set
forth in this Agreement are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of the provisions of this Agreement.
(22) Completeness of Agreement. This Agreement and any additional or supplementary
document or documegts incorporated herein by specific reference contain all the terms
and conditions agreed upon by the parties hereto, and no other agreements, oral or
otherwise, regarding the subject matter of this Agreement or any part thereof shall have
any validity or bind any of the parties hereto.
(23) Agreement Receipt. This Agreement must be signed and returned to Consultant by
August 5, 2004. If executed Agreement is not received by that date, Consultant cannot
warrant that claims will be submitted on a timely basis.
IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the
date first written below.
By:
Date: (City Official)
Leonis C. Malburg
ATTEST: Title: Mayor
Raft -
Bruce V. Malkenhorst, City Clerk
MAXIMUS, Incorporated
APPROVED AS TO FORM:
By:
Eric T. Fresch, City Attorney
City of Vernon _ 5 _
Allan Burdick, Vice President
Date: _April 30, 2004
Apri130, 2004
SUPPORTING
DOCUMENTS
Contract Number. 04-174
AGREEMENT TO PROVIDE
PROFESSIONAL CONSULTING SERVICES
TO THE CITY OF VERNON
THIS AGREEMENT, entered into this day of 2004 by and
between MAXIMUS, Incorporated (hereinafter "Consultant") and the City of Vernon
(hereinafter "City"),
WHEREAS, Article XIIIB of the California State Constitution provides that local agencies may
recover costs associated with carrying out programs mandated by the State of California; and
WHEREAS, City desires to maximize its reimbursement for costs incurred in carrying out State
mandated programs, and has determined that engaging Consultant to assist in the mandated cost
claim preparation process is the most economical and cost effective means for preparing City's
state mandated cost claims; and
WHEREAS, Consultant is staffed with personnel knowledgeable and experienced in determining
the costs of governmental programs and in the submission of cost claims to the State of
California; and
WHEREAS, City desires to engage Consultant to assist in developing, submitting, and
negotiating cost claims pertaining to state mandated programs.
NOW, THEREFORE, the parties hereto mutually agree as follows:
(1) Engagement. City agrees to engage Consultant and Consultant hereby agrees to perform
the following services.
(2) Scope of Services. Consultant shall perform, and carry out in a professional manner the
following services subject to the provisions of Section (8) below.
A. Prepare and submit cost claims pursuant to the Controller's 2004 annual claiming
instructions that require claims to be submitted to the State by January 15, 2005.
B. Prepare and submit other new or first-time cost claims pursuant to the Controller's
claiming instructions which are issued in accordance with parameters and
guidelines received from the Commission on State Mandates and mailed to local
agencies during the 2004-2005 fiscal year. For the purposes of this Agreement,
claims covered under this section shall include all claiming instructions issued
with due dates other than January 15, 2005. .
C. Monitor the general payment status of all claims submittal on behalf of City
pursuant to this Agreement.
City of Vernon - 1 - April 30, 2004
Contract Number. 04-174
D. Provide advice to the City regarding questions associated with any claims filed by
Consultant from the State Controller's office. Test claims and incorrect reduction
claims are not covered under this Agreement.
Cost claims submitted by Consultant may consist of both direct and indirect costs.
Consultant may either utilize the ten percent (10%) indirect cost rate allowed by the State
Controller or calculate a higher rate if City records support such a calculation.
Consultant is not required to prepare a central service cost allocation plan or departmental
indirect cost rate proposals for City.
(3) Provision of Services. Consultant shall commence, carry on, and complete the services
with all practicable dispatch, in a sound, economical, and efficient manner, in accordance
with the provisions herein and all applicable laws. In providing services, Consultant shall
take such steps as are appropriate to ensure that the work involved is properly
coordinated with related work being carried on by City.
(4) Personnel. Consultant represents that it has, or will secure at its own expense, all
personnel required in performing the services under this Agreement. All of the services
required hereunder will be performed by Consultant or under its supervision, and all
Personnel engaged in the work shall be fully qualified to perform the services described
herein.
(5) Term of Agreement. This Agreement shall become effective on July 1, 2004, and shall
continue in full force and effect until September 30, 2005.
(6) Time of Performance. The services to be performed hereunder by Consultant shall be
undertaken and completed in such sequence as to assure their expeditious completion in
order to best carry out the purposes of this Agreement. All claim filing services required
hereunder shall be completed by the required date for each specific claim. Provided
however, Consultant shall not be, liable for delays in performance that are caused in
whole or in part by City, third parties over which Consultant does not have the legal right
to control or forces de majeure.
(7) Costs, Method of Compensation and Billing. For all of the above services provided,
section (2), the City agrees to pay Consultant compensation in a fixed fee in the amount
of seven thousand eight hundred dollars ($ 7,800). The Consultant will render to the City
invoice(s) for the fixed fee specified herein, with payment due on or before July 31, 2005.
Invoices unpaid sixty (60) days after July 31, 2005, will bear interest at the rate of 1 % per
month.
(8) Waiver of Submission of Claim(s) Pursuant to Section (2) A & B. Notwithstanding any
other provisions of this Agreement, the submission of claims pursuant to Section (2) A
and B may be waived as set forth below. Upon waiver exercised by either parry, City
shall pay Consultant for all work performed up to and until the effective date of waiver in
an amount not to exceed the maximum dollar amount indicated in Section (7).
City of Vernon -2- April 30, 2004
Contract Number: 04F4 74
A. At City Option. At the sole discretion of City, City may instruct Consultant to not
file a specific claim or claims pursuant to a specific State claiming instruction. Such
instruction must be in writing and provided to Consultant at least thirty (30) days prior to
the due date of the claim. The effective date of City's waiver shall be the date Consultant
receives City's written instruction.
B. At Consultant Option. At the sole discretion of Consultant, Consultant may notify
City of its intention to not pursue a specific claim and the reasons therefore. Such
notification must be in writing and provided to City not less than thirty (30) days prior to
the due date of the claim. The effective date of Consultant's waiver shall be the date
Consultant mails its notification to City. Should Consultant not so notify City, City may
expect Consultant to pursue the claim if it is above the minimum limit set by the State.
(9) Services and Materials to be Furnished by Citv. Consultant shall provide guidance to
City in determining the data required for claims submission. Consultant shall assume all
data so provided is correct. Consultant shall make its best effort to file claims timely.
Consultant shall not be liable for claims that cannot be filed as a result of inadequate data,
or data that is provided in an untimely manner.
For purposes of this Agreement, data that is requested by Consultant must be provided
within three (3) weeks of the request, or three (3) weeks prior to the filing deadline,
whichever comes first, to be deemed to have been received in a timely manner.
(10) Records and Inspections. Consultant shall maintain full and accurate records with respect
to all matters covered under this Agreement in accordance to State law. During such
period, City shall have free access at all proper times to such records, and the right to
examine and audit the same and to make transcripts therefrom. City shall provide thirty
(30) days written notice of its intent to inspect or audit any such records and shall conduct
such inspection or audit only during Consultants normal business hours. Any City
employee, consultant, subcontractor or agent who may have access to such records shall
execute a non -disclosure agreement prior to be granted such access.
(11) Third Partv Obligations. City and Consultant are the only parties to this Agreement and
are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is
intended to give, or shall be construed to give or provide, any right or benefit, whether
directly or indirectly or otherwise, to third persons.
02) Copyright for Consultant's Proprietary Software. City acknowledges that the
deliverables provided by Consultant to City are generated by Consultant's proprietary
software. Nothing contained herein is intended nor shall it be construed to require
Consultant to provide such software to City. City agrees that all ownership rights to the
software lie with Consultant. City may use the deliverables for and on behalf of its
operation.
(13) When Rights and Remedies not Waived. In no event shall the making by City of any
payment to Consultant constitute or be construed as a waiver by City of any breach of
City of Vernon -3. April 30, 2004
Contract Number. 04F-174 '
covenant, or any default which may then exist on the part of Consultant, and the making
of any such payment by City while any such breach or default shall exist in no way
impair or prejudice any right or remedy available to City in respect to such breach or
default.
(14) Consultant Liability if Audited. Consultant will assume all "financial and statistical
information provided to Consultant by City employees or representatives is accurate and
complete. If audited, Consultant shall make workpapers and other records available to
the State auditors. Any subsequent disallowance of funds paid to City under the claim(s)
for whatever reason is the sole responsibility of City. However, if requested by City,
Consultant shall provide reasonable assistance to the City in defending claims at the desk
audit level if an audit results in a disallowance of at least ten percent (10%). Reductions
of less than ten percent (10%) shall not be contested by Consultant. Nothing in this
section or any part of this Agreement shall be construed to include Incorrect Reduction
Claims preparation.
(15) Independent Contractor. The parties intend that Consultant, in performing the services
specified in this Agreement shall act as an independent contractor and shall have full
control of the work and the manner in which it is performed. Consultant and Consultant's
employees are not to be considered agents or employees of City for any purpose.
(16) Insurance. Consultant shall maintain appropriate general liability insurance, workers'
compensation insurance, automobile insurance, and professional liability insurance.
(17) Limitation of Liability. In no event shall Consultant be liable for indirect, special,
consequential or punitive damages. Consultant's liability to the City, for any reason
whatsoever and whether foreseeable or not, shall not exceed the total amount paid to
Consultant under this Agreement.
(18) Changes. Either party may, from time to time, require changes in the scope of services to
be performed hereunder. Such changes, which are mutually agreed upon by and between
the parties, shall be incorporated in a written and mutually executed amendment to this
Agreement.
(19) Notices. Any notices, bills, invoices, or reports required by this Agreement shall be
sufficient if sent by the parties in the United States mail, postage paid, to the address
noted below:
Contact Name: Title:
Address: -
Phone M Fax #:
Email Address:
City of Vernon - 4 - April 30, 2004
Contract Number. 04F-174
MAXIMUS, Incorporated
4320 Auburn Blvd., Suite 2000
Sacramento, CA 95841
(916) 485-8102 Fax: (916) 485-0111
Such notice shall be deemed delivered five (5) days after deposit in the U.S. mailbox.
(20) Severability. Should any part, term, portion, section or provision of this Agreement be
decided finally to be in conflict with any law of the United States or the State of
California, or otherwise be unenforceable or ineffectual, the remaining parts, terms,
portions, sections or provisions shall be deemed severable and shall remain in full force
and effect.
(21) Matters to be Disregarded. The titles of the sections, subsections, and paragraphs set
forth in this Agreement are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of the provisions of this Agreement.
(22) Completeness of Agreement. This Agreement and any additional or supplementary
document or documents incorporated herein by specific reference contain all the terms
and conditions agreed upon by the parties hereto, and no other agreements, oral or
otherwise, regarding the subject matter of this Agreement or any part thereof shall have
any validity or bind any of the parties hereto.
(23) Agreement Receipt. This Agreement must be signed and returned to Consultant by
August 5, 2004. If executed Agreement is not received by that date, Consultant cannot
warrant that claims will be submitted on a timely basis.
IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the
date first written below.
Date • �j l
ATTEST:
(City Offici
Leonis C. Malburg
Title: Mayor
i/
Bruce V. Malkenhorst, City Clerk
MAXIMUS, Incorporated
APPROVED AS TO FORM:
Eric Fresch, City Attorney By.
Allan Burdick, Vice President
Date: April 30, 2004
City of Vernon -5- April 30, 2004