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HomeMy WebLinkAboutReso 2006-883 RESOLUTION NO. 2006- 883 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ENTERING INTO AN AGREEMENT WITH STROMBERG FOR AUTOMATED TIME AND ATTENDANCE SOFTWARE, HARDWARE, AND SERVICES, IN THE AMOUNT OF TWENTY -FOUR THOUSAND EIGHT HUNDRED DOLLARS ($24,800.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is desirous of further automating and streamlining its employee time and attendance calculation processes, to provide for increased efficiency and accuracy; and WHEREAS, staff proposes the implementation of an e-Access Employee Kiosk to enable employees to view their time-banks and other pertinent information on-line and a biometric timeclock that automatically records and calculates employee time and attendance; and WHEREAS, Paychex, our current payroll administrator, has advised that Stromberg is the only vendor of such products and services that can fully interface with their system; and WHEREAS, Stromberg has submitted an agreement to provide automated time and attendance software, hardware, and services, in an amount of Twenty-Four Thousand Eight Hundred Dollars ($24,800.00), attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Approval of Agreement. The Agreement with Stromberg for automated time and attendance software, hardware, and services, in an amount of Twenty-Four Thousand Eight Hundred Dollars ($24,800.00), attached hereto as Exhibit "A", be, and the same, is hereby approved. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of the Agreement. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 16th day of February 2006. ~} ilhtH'!'/ .vt~~~ orman S. Edelcup, Mayor R2006- Stromberg Time & Attendance Products Page I of2 ATTEST: ~A~ Jane A. Hines, CMC, City Clerk Vote: 5-D Mayor Norman S. Edelcup Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias Commissioner Lewis Thaler R2006- Stromberg Timeclock & Related Items Moved by: ~~ Gco~'YY\ '1%J Seconded by: 6~€tl. .IGL~<;; ~ ~(Yes) ~(Yes) ~(Yes) v (Yes) ---v (Yes) Page 2 of2 _(No) _(No) _(No) (No) _(No) .' ~-- . > s I~, () l\'\ H F 1\ C; Step 1: Client Information Company Name: Gty of Sunny Isles Beach DBA Name: Company Contact: Jean Watson E-mail Address:GWatson@sibfl.net Billing Address: 18070 Collins Avenue Gty/State/Zip: Sunny Isles Beach, FL 33160 Title: Finance Director Delivery Address: IF DIFFERENT FROM ABOVE; PO BOX IS l'OT ACG:PTABLE FORDEUVERY ADDRESS. [ATTAGI ADDITIONAL SHEETS IF NECESSARY} State: Zip Code: Ext: Fax: L-J _ - Gty. Telephone: (305) 792-1805 Step 2: Order Form Qty Item # Descliption AMA Unit Plice Total 1 CE-SQL-150 Stromberg Enterprise Edition SQL 150 Employees 1 $6,750.00 1 CE-SQL-150SU e-Access Supervisor 150 Employees 1 Included 1 CE-SQL-150EK e-Access Employee Kiosk 150 Employees 1 Included 1 CE-SQL-150PI Payroll Interface Paychex 150 Employees 1 Included 1 CE-SQL-150TE e-Access Time Entry Suite 150 Employees 1 Included AMA-G 5 CB-2-B-110BT TimeClock, Ethernet, Biometric 1 $2,080.00 $10,400.00 A Customer agrees to license the above software ("Software") and to purchase the Software - AMA - Gold $1,350.00 above associated hardware ("Hardware") and services, as described further herein Hardware. AMA - Gold $1,800.00 (Software and Hardware are collectively referred to herein as the "Products"). Implementa lion $4,500.00 B. Customer agrees that purchases and/or licenses of the Products, suppon and Sub Total $24,800.00 maintenance for the Products, and training in the use and operation of the Products are governed by Stromberg, Agreement anached hereto. Shipping & Handling $70.00 C Customer agrees that this quote is valid through 1/31/2006 . Sales Tax 1BD GR.>\1'II) TOTAL DEPOSIT $12,400.00 BALM'ICE Step 3: Payment Information o Credit Card 0 Check Check Number: Hardware: Select payment tenns o 50% down payment, balance due upon invoice Software: Select payment tenns o 50% down, balance, payment in full within 30 days following hardware installation Charge the above items to my 0 American Express 0 MasterCard 0 Visa Card Number: Expiration Date (NIM/YY): / Cardholder's Name: Cardholder's Signature: Customer acknowledges and agrees that this Agreement shall not be binding on Stromberg ("Stromberg") until signed by Stromberg and delivered to Customer. This Agreement is the entire understanding of the panies with respect to the purchase of the Products and shall govern in the event any inconsistent tenns and conditions are set fonh in any Customer purchase order, confirmation, or memorandwn, tmless.Stromberg signs such document. .omberg Representative c:ust~ "'.' '. j (,j/ //:' i ,t' ~~. SlgnaWrel )I/Flt,,.< '71..- ;< .d-- t.. C? Name: S. Edelcu Date: / / Title: Date: 02 /16 I 2006 Kapp at: 1-407-805-0725 Page 1 of 4 SIB Step 4: Read and complete this form. Stromberg Agreement Article I - Terms of Sale 1. Corporate Approval. All orders are subject to the approval of Stromberg ("Stromberg") and are non-cancelable. 2. Terms of Payment. fifty percent (50%) of the Purchase Price ("Initial Installment") shall be paid at the time Customer signs this Agreement. The remaining balance ("Purchase Price Balance") shall be due within 30 days of the Product shipping date or 30 days after installation of the Products or, in any event, no later than 90 days from the date this Agreement is executed by both Customer and Stromberg. A 1.5% per month service charge will be added to the Purchase Price and restocking fee if not paid by the due date. 3. Title and Delivery. ^- All products \\~II be delivered fOB Stromberg's warehouse. B. Stromberg agrees to use commercially reasonable efforts to fill orders placed by Customer in accordance with the requested delivery schedule for such Products. C. Stromberg shall have no liability for delays in delivery due to causes beyond its control. 4. Restrictions on Use of Product. Customer agrees that it will not change, modify, alter, or enhance the Products, and shall not reverse engineer or decompile the Software. Customer acknowledges and agrees that it shall be solely responsible for compliance with all applicable laws in connection with the Products, including, without limitation, state and federal laws relating to use of biometrlc information. 5. Restocking Fee. If any portion or all of the entire Product order is returned to Stromberg with or without the consent of Stromberg, Customer ab>rees to pay a restocking fee equal to fifteen percent (15%) of the Purchase Price of such Products. 6. Warranty. Stromberg warrants that the Software products shall be free from defects in materials and workmanship for a period of 90 days from the date of installation and Hardware products shall be free of defects for a period of 90 days from date of purchase ("\X'arranty Period"). This warranty is extended to the original Customer only and is subject to all the conditions and limitations set forth below: A. Any part or parts found to be defective (except as specifically excluded below) shall be replaced or repaired by Stromberg, without charge to the Customer for parts or labor, provided that the Product has been used in accordance with the Stromberg manual and has not been subject to abuse or tampering. Stromberg shall pay for the shipment of the Hardware to and from Stromberg if the defect is co\'ered by warranty, otherwise Customer shall pay shipment and repair costs. B. Only Stromberg may make repairs or replacements under this warranty and repairs and replacements will be made only after Stromberg is notified of the problem and determines that the problem resulted from defective materials or workmanship covered under this warranry. C. In the event a defective Product cannot be repaired or replaced, and such defect is material to the operation of the Product in accordance with its specifications, Stromberg shall refund the ("Purchase Price'') Customer paid for such defective Product. D. The warranty shall not apply to any Products or parts thereof in the event of: i.. Damage, defects or malfunctions resulting from misuse, accident, neglect, tampering, unusual physical or electrical stress or causes other than normal and intended use (including modification or replacement of any Stromberg components or any use that is inconsistent with any user documentation); ii. failure of the Customer to provide and maintain a suitable installation environment for the Products; iii.Malfunctions resulting from the use of supplies not approved by Stromberg; or iv. Any defect not communicated in writing expiration of the Warranty Period. E. No representation or other affirmation of fact including, but not limited to, statements regarding capacity, suitability for use or performance of the Products shall be, or'deemed to be, a warranty or representation by Stromberg for any purpose, or impose any liability, or obligation of Stromberg whatsoever. The warranties described herein do not cover or apply to batteries, bar code wands, bulbs, distribution boxes, light bulbs, or third party software contained in, or associated with, the Products. Said items are provided by Stromberg to Customer as is \\~thout any condition or warranty. F. The remedies of repair, replacement or refund set forth herein shall be Customer's exclusive remedies in the e\"ent of a breach of this warranty. Company Name 7. Limitation on Liability. Except as herein expressly stated, there are no warranties, expressed or implied, by operation of law or otherwise, made or authorized to be made regarding the Products furnished hereunder. Stromberg disclaims any implied warranty of merchantability or fitness for a particular purpose. In no event shall Stromberg or its affiliates be liable for any incidental, indirect, special or consequential damages in connection with or arising out of this agreement or the existence, furnishing, functioning or Customer's use of or inability to use, any Products or services provided for in this agreement, even if Stromberg has been advised of the possibility of such damages, whether such damages arise in an action at law or in equity, for breach of contract, breach of warranty, product liability, breach of applicable Uniform Commercial Code provisions, negligence or intentional tort. Stromberg shall not be liable for Customer's lost profits, loss of business opportunities, loss of savings, or for exemplary damages. Stromberg shall not be responsible for any obsolescence of the Products or the Software that may result from changes in Customer's requirements or Federal, State, or Local law. Customer's sole remedy for liability of any kind including negligence and breach of this agreement in connection \\~th or arising out of this agreement and the Stromberg Products, items or services sold hereunder, shall be limited to the remedies provided in Section 7. Article II - Software License 1. Software License. In consideration of the payment of the Purchase Price, Stromberg hereby grants to Customer a nonexclusive, nontransferable limited license to use the Software ("License"). If the Software purchased hereunder is embedded in the Hardware, or designed for installation on a central processing unit, Customer may not use such Software in connection with more than the number of employees indicated under the heading "Qty" on the order form. If the Software is designed for installation on individual computers, the Software may not be installed on more than the number of computers indicated under the heading "Qty" on the order form. Customer acknowledges such Software may not be used in connection with a greater number of employees or on a greater number of computers \\~thout first paying additional fees. 2. Prohibited Acts and Uses. Customer may not use the Software, or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized herein. Customer may not copy, export, publish, disclose to third parties, change, modify, alter, or enhance the Software or the source code therefore, and may not reverse engineer or decompile the Software. Customer may not copy any writren materials provided with the Software \\~thout the prior approval of Stromberg. Customer may not sell, donate, transfer, assign, sublicense or distribute the Software, or any trade secrets embodied therein, or any derivations or adaptations thereof. In the event any Software purchased hereunder is separate from the Hardware, Customer agrees that it will not use such Software to process data for third parties or in a service bureau environment. 3. Additional Restrictions Relating to Third Parry Software. Except as expressly permitted by this Agreement, Customer may not modify or translate any third party software contained in, or associated with, the Products, except as necessary to configure the third party software using the menus, options and tools provided for such purposes and contained in the third parry software. The prohibited acts and uses set forth in Section 2 apply to Customer's use of the third party software. 4. Proprietary Protection of Software. Customer acknowledges that Stromberg is the sole and exclusive owner of all right, title, and interest in, and to, the Software, the source code for the Software, and any Stromberg user documentation. Customer acknowledges that the third party developers are the sole and exclusive owners of all right, title, and interest in and to the third party software, the source code for the third party software, and any third party user documentation. to Stromberg prior to the 5. Other. A. If Customer violates Article II, Stromberg, at its discretion, may automatically and immediately terminate the License. B. The Software and any copies are protected by United States copyright, patent laws and international treaty provisions. C. The parties hereto disclaim the application to this License of the United Nations 1980 Convention on Contracts for the International Sale of Goods. D. During the term of this License and for three years after termination of the License, Customer shall maintain complete records regarding Customer's use of tile Software. Upon reasonable notice to Customer, Stromberg and/or a third party developer may audit, at Stromberg or the third party developer's expense as applicable, Customer's books and records to determine Customer's compliance hereunder. Third party developers and their suppliers are third party beneficiaries to this License in connection \\~th Customer's Page 2 of 4 SL0094 12/04 SIB use of third party software. This License is therefore enforceable by third party developers and their suppliers, in addition to Stromberg. E. Customer shall comply with all laws and regulations applicable to the Software, including export, re-export and foreign policy controls and restrictions, and shall take all necessary actions and precautions to ensure that Customer does not contravene such laws or regulations. Article III - Software Support 1. Services Provided by Stromberg. Provided that Customer has paid the required fee for Software support, Stromberg shall provide the following support services in connection with all Software components of the Products purchased hereunder for a period of one year following the Warranty Period: A. Unlimited telephone support for Operators and the Corporate System Administrator of Customer during normal business hours (8:30 a.m. - 8:30 p.m. ET). B. Online support during normal business hours (Customer is required to have Internet Access). C. Provision to Customer at no additional charge of all Software updates and new versions applicable to the installed modules, exclusive of derivative products containing new fearures or functionality. 2. Customer Obligation. Customer agrees to provide Stromberg direct access to the Stromberg database and related application(s) upon notification from Stromberg that such access is necessary. Customer also agrees to provide server and operating environment(s) that meet or exceed Stromberg minimum required operating configuration(s). 3. Limitation on Support Obligation. Article III shall not cover, and Stromberg support obligations shall not apply to, problems resulting from: A. Fire, flood, or other catastrophe, accident, neglect, misuse or negligence; B. Modification of the Product(s) by Customer or any third party; C. Computer hardware failure; D. Custom software modifications; or E. Any problem for which a Customer has not paid the Software support fee prior to the occurrence of such problem. 4. Renewal Option. Stromberg shall continue to provide the Software support services described in Anicle III and Customer shall pay for such services at a rate specified on the Order Form or at the then-current list price for these services, for successive one-year periods, unless Customer notifies Stromberg in writing more than 30 days prior to the end of the initial year of software support (or of each succeeding anniversary date thereafter) that Customer does not wish for Stromberg to continue providing such services. Any increase in support service rates for support of the Products will not exceed 10% per year. Article IV - Hardware Maintenance 1. Services Provided by Stromberg. Provided that Customer has paid the fee for Hardware maintenance services and depending on the plan selected by Customer Q.e., "Gold Plan" or "Bronze Plan"), Stromberg shall provide to Customer the services described in this Article IV, at no additional cost to Customer, in connection with all Hardware components of the Products purchased hereunder for a period of one year following the Warranty Period. Upon Customer notification of any Hardware component failure of a Product during the one-year period follo\\~ng the expiration of the Warranty Period, Stromberg will repair or replace such Hardware in accordance with the procedure set forth herein. Upon such notification, Stromberg shall issue rerum authorization to Customer, if required. Stromberg \\~1I provide all parts necessary to repair the Hardware (excluding batteries, bar code wands, bell relays, power supplies, or distribution boxes), as well as the services and labor, at no charge to Customer. Customer shall ship, at its own expense, the Hardware to be repaired to: Stromberg, 525 Technology Park Drive, Suite 165, Lake ;"Iary, Florida 32746. 2. Replacement/Loaner Equipment. "Gold Plan" participants will have replacement or loaner equipment that is configured for Customer's installation ("Loaner Equipment") shipped to Customer \\~thin one day of Customer's notification (if received by Stromberg prior to 1 :00 p.m. ET) pursuant to Section 1 for Customer's use during the period that the Hardware is being serviced by Stromberg. Upon receipt of the Loaner Equipment, Customer shall ship the Hardware to be repaired to Stromberg. "Bronze Plan" participants are not entitled to receive Loaner Equipment from Stromberg. Stromberg shall rerum Customer's Name (prill;) V/ Customer's Signature the repaired Hardware Product to such Customer as soon as repairs are completed, at no charge to Customer. Customer acknowledges that there is no guaranteed rurnaround time for repairs made under either plan. 3. Repair/Catastrophic Damage. Upon receipt of the Hardware to be repaired from a Customer who is a "Gold Plan" participant, and unless the damage to the Hardware is considered by Stromberg to be catastrophic, Stromberg shall repair the Hardware and return it to Customer, at which time Customer shall (if applicable) ship the Loaner Equipment back to Stromberg, at Stromberg's' cost. If Stromberg considers the damage to the Hardware to be catastrophic, Stromberg reserves the right to permanently replace the Hardware \\~th the Loaner Equipment. If Stromberg determines that a "Bronze Plan" participant's Hardware has catastrophic damage, Customer will be notified and given the opporrunity to purchase replacement Hardware. 4. Limitation on Maintenance Obligation. Article IV shall not cover Hardware failures resulting from fire, flood, lightning, or other catastrophe, accident, neglect, theft, intentional act, misuse, or negligence. Article IV shall not cover Hardware failures resulting from modification or misuse of the Hardware by the Customer or any tI,ird party. 5. Renewal Option. Stromberg shall continue to provide the hardware maintenance services described in this Article IV and Customer shall pay for such services at Stromberg's then-current list prices for such maintenance services for successive one-year periods, unless Customer notifies Stromberg in writing more than 30 days prior to the end of the initial year of Hardware support (or of each succeeding anniversary date thereafter) that Customer does not wish for Stromberg to continue providing such services. Customer may upgrade its Hardware support to the "Gold Plan" upon notice to Stromberg more than 30 days prior to any such anniversary date, provided that the increased benefits shall apply only to damage occurring after such anniversary date. Any increase in support service rates for support of the Products will not exceed 10% per year. Article V - Training Optional Training. At Customer's request, and at such time as Stromberg and Customer shall murually agree, Stromberg will provide additional training to employees or agents of Customer at Stromberg current rates. Article VI - Miscellaneous 1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. 2. Modification. No modification of this Agreement shall be binding unless it is in writing and signed by an authorized representati\'e of tile party against whom enforcement of the modification is sought. 3. Notice. Any notice required or permitted under this Agreement shall be in writing and delivered in person or sent by Certified Mail, Return Receipt Requested, with proper postage affixed. 4. Invalidity. In the event that any term of this Agreement is or becomes or is declared to be invalid or void by any Court or tribunal of competent jurisdiction, such term or terms shall be null and void and shall be deemed severed from this Agreement and all the remaining terms of this Agreement shall remain in full force and effect. 5. Entire Agreement. This Agreement is tile complete statement of Stromberg's obligations and responsibilities to Customer and supersedes any other proposal, representation or communication by or on behalf of Stromberg regarding this subject matter. 6. Attorneys' Fees. In the event any litigation or arbitration between the parties arises out of or results in connection with this Agreement, the prevailing party in such proceeding shall be entitled to recover from the other party its reasonable attorneys' fees and expenses, including appellate proceedings or post-judgment collection proceedings. 7. Currency. All monetary amounts referenced herein are U.S. Dollars. 8. Jurisdiction and Venue. The parties hereto submit to the exclusive jurisdiction of courts located in Monroe County, New York for any suit or proceeding for enforcement or interpretation of this Agreement. 9. Extended Payment. Any increase in support service rates for support of the Products \\~1I not exceed 10% per year. Title Mayor Februarv 16. 2006 Date For Stromberg Support, call 1-407-333-7376 Page 3 of 4 SL0094 12/04 (l .3 B ~J R ~....,.."...,. -~. . . .r; -' ,"-.."; " .~ "". -. ,...... .'.... '. ., '. .", '. ,".~;~~> 'A" ; ,,-'-'-. ..; - ..... , :'~'. ~. AMENDMENT TO STROMBERG ORDER FORM AND STROMBERG AGREEMENT This Amendment is of even date with and amends the Stromberg Order Form (the "Order FOIm") and the Stromberg Agreement by and between City of Sunny Isles ("Customer") and Stromberg ("Stromberg"), (the "Agreement"). WHEREAS, Stromberg has provided to Customer an Order FonTI and an Agreement containing certain terms and conditions for the purchase of Software and Services ("the "Products"); and 'WHEREAS, the parties now desire to amend certain material tenTIS of the Order Fonn and the Agreement. NOW THEREFORE, in consideration of mutual promises contained herein and other valuable consideration, the parties hereby agree as follows: Article I, Section I. Change "are non-cancelable" to "subject to the approval of the City Commission". AI1icle I, Section 6.D.i. Change "or causes other than nonnal and intended use" to "or causes other than use as an employee time and attendance system". AI1icle II, Section S.D. Delete "and for three years after tennination of the License". AI1icle III, Section 4. Delete "or at the then-cun'ent list price for these services,". Article IV, Section 5. Change "Stromberg's then current list prices for such maintenance" to "the rate specified in the order capped at an increase of 5% per year". AI1icle VI, Section I. Change "N ew York" to "Florida". Article VI, Section 8. Change "Monroe County, New York" to "Miami-Dade County, FIOIida". STROMBERG By: Name: Name: s. Edelcup Title: Title: Mayor Date: Date: February 16, 2006 APPROVED AS TO FORNI LEGAL SUFFICIENCY S\B Page 4 of 4 TO: FROM: DATE: RE: ~ City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City HolI (305) 949-3113 Fox (305) 947-2150 Building Department (305) 947-5107 Fox ./f"" City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Gerry Goodman, Commissioner Danny Iglesias, Commissioner Lewis J. Thaler, Commissioner Police Chief Fred Maas, Interim City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM Jean Watson, Finance Director Priscilla Walker, Deputy City Cler?W~ February 22, 2006 Stromberg Time and Attendance Software, Hardware and Services Agreement At its regular meeting of February 16, 2006, the City Commission adopted Resolution No. 2006-883, which approved an agreement with Stromberg for automated time and attendance software, hardware, and services. Attached are the two (2) original agreements, which need to be signed by Stromberg, and a copy of the approving resolution. Please have the vendor sign the agreements and then return one executed, original agreement to my attention. Thank you. :pw Attachments cc: Police Chief Fred Maas, Interim City Manager (memo only) Hans Ottinot, City Attorney (memo only) Shaun Gelvez, Contracts Administrator Stromberg Time & Attendance Reso Trans AMENDMENT TO STROMBERG ORDER FORM AND STROMBERG AGREEMENT L This Amendment is of even date with and amends the Stromberg Order Form (the"Order Form") and the Stromberg Agreement by and between City of Sunny Isles ("Customer") and Stromberg ("Stromberg"), (the"Agreement"). WHEREAS, Stromberg has provided to Customer an Order Form and an Agreement containing certain terms and conditions for the purchase of Software and Services ("the"Products"); and WHEREAS, the parties now desire to amend certain material terms of the Order Form and the Agreement. NOW THEREFORE, in consideration of mutual promises contained herein and other valuable consideration, the parties hereby agree as follows: Article I, Section 1. Change "are non-cancelable" to "subject to the approval of the City Commission". Article I, Section 6.D.i. Change "or causes other than normal and intended use" to "or causes other than use as an employee time and attendance system". Article II, Section 5.D. Delete"and for three years after termination of the License". Article III, Section 4. Delete"or at the then-current list price for these services,". Article IV, Section 5. Change "Stromberg's then current list prices for such maintenance" to "the rate specified in the order capped at an increase of 5%per year". Article VI, Section I. Change"New York" to "Florida". Article VI, Section 8. Change"Monroe County, New York"to "Miami-Dade County, Florida". STROMBERy CITY OF F SUNNY ISLES B ACH `i By: (9 _ Bv: / 4% X/l Name: .Se—Vha" ue yTekf 1n Name: Norman S. Edelc Title: -WCS ed��e f1 Title: Mayor Date: 0Z.lp�44 Date: February 16, 2006 APPROVED AS TO FORM APPROV ! AS TI FORM AND LEGAL SUFFICIENCY L - d` , CY A_." ahA •ans 1 not, City Attorney Page 4 of 4 s B