HomeMy WebLinkAbout2007-071 Contract - Anderson Bradley Krant
Contract for PERSONAL SERVICES Less than $25,000
CITY OF
ASHLAND
20 East Main Street
Ashland, Oregon 97520
Telephone: 541/488-6002
Fax: 541/488-5311
CONTRACTOR: Anderson, Bradley, Krant, PC
CONTACT: Cesar Bertaud
ADDRESS: 450 Siskiyou Blvd., Sutie 3
Ashland, OR 97520
DATE AGREEMENT PREPARED: 4/27/07
BEGINNING DATE: 5/7/07
COMPENSATION: $120.00 per hour
TELEPHONE: (541) 488-1225
FAX: 541 488-4225
COMPLETION DATE: Jul 27,2007
SERVICES TO BE PROVIDED: Contract Municipal Court Prosecutor. Prosecutorial services are sought for
three months beginning May 2007. The municipal court has jurisdiction over all misdemeanors, traffic and city
code violations. Certain classes of misdemeanors (DUI, assault) are referred by agreement to the DA. The
prosecutor only appears in those violations where the defendant is represented by an attorney. The prosecutor
is responsible for trial preparation, including subpoenas, plea negotiations and all trial appearances. Anderson,
Bradley Krant, PC shall furnish all personnel, office space, supplies and materials necessary to perform the
services. The prosecutor will screen cases and make charging decisions. Preparation of complaints is
performed b Cit staff.
ADDITIONAL TERMS: Contract municipal court prosecutorial services may be extended on a month to month
basis with the mutual agreement of the parties.
FINDINGS:
Pursuant to AMC 2.52.040E and AMC 2.52.060, after reasonable inquiry and evaluation, the undersigned Department
Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have
adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for
utilization of such personal services; (4) the undersigned Contractor has specialized experience, education, training and
capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and
financial constraints provided; (5) the Contractor's proposal will best serve the needs of the City; and (6) the
compensation negotiated herein is fair and reasonable.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE
as follows:
1. Findings I Recitations. The findings and recitations set forth above are true and correct and are incorporated herein
by this reference.
2. Appoinment to Municipal Court Prosecutor. By this agreement the City of Ashland hereby appoints, Anderson,
Bradley, Krant PC as Municipal Court Prosecutor for the City of Ashland for the term of this contract.
3. All Costs by Contractor: Contractor shall, at its own risk and expense, perform the personal services described
above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance
of such service.
4. Qualified Work: Contractor has represented, and by entering into this contract now represents, that all personnel
assigned to the work required under this contract are fully qualified to perform the service to which they will be
assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of
Oregon, are so registered, licensed and bonded.
5. Completion Date: Contractor shall start performing the service under this contract by the beginning date indicated
above and complete the service by the completion date indicated above.
6. Compensation: City shall pay Contractor for service performed, including costs and expenses, the sum specified
above. Once work commences, invoices shall be prepared and submitted by the tenth of the month for work
completed in the prior month. Payments shall be made within 30 days of the date of the invoice. Should the contract
be prematurely terminated, payments will be made for work completed and accepted to date of termination.
7. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of
City.
8. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract.
9. Living Wage Requirements: If the amount of this contract is $16,936 or more, Contractor is required to comply with
cha ter 3.12 of the Ashland Munici al Code b a in a livin wa e, as defined in this cha ter, to all em 10 ees
Anderson, Bradley, Krant PC
Page 1 of?
. I
performing work under this contract and to any Subcontractor who performs 50% or more of the service work under
this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where
it will be seen by all employees.
10. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless
from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from
injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of
whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited
to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this
contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs,
judgments, or other damages, directly, solely, and proximately caused by the negligence of City.
11. Termination:
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person.
c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Contractor, or at such later date as may be established by City under any of the following
conditions:
I. If City funding from federal, state, county or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Contractor to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either City or Contractor may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice.
ii. Time is of the essence for Contractor's performance of each and every obligation and duty under
this contract. City by written notice to Contractor of default or breach may at any time terminate
the whole or any part of this contract if Contractor fails to provide services called for by this
contract within the time specified herein or in any extension thereof.
iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
e. Obliqation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or
c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such
termination or modification. However, upon receiving a notice of termination (regardless whether such notice is
given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination,
Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are
or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to
the termination date if such work was performed in accordance with the Contract.
12. Independent Contractor Status: Contractor is an independent contractor and not an employee of the City.
Contractor shall have the complete responsibility for the performance of this contract. Contractor shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to
this contract. Contractor is a subject employer that will comply with ORS 656.017.
13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
void. Contractor shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all
persons employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
14. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of
any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF
Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if
Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted
against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business
on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or
deleqate duties under, the Contract.
Anderson, Bradley, Krant PC
Page 2 of 7
15. Insurance. Contractor shall at its own expense provide Professional Liability insurance with a combined single limit,
or the equivalent, of not less than $500,000, for each claim, incident or occurrence. This is to cover damages caused
by error, omission or negligent acts related to the professional services to be provided under this contract.
16. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or
proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and
the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be
construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any claim or from the jurisdiction.
17. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
18. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further
liability to Contractor.
19. Certifi tion. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by
refer nce.
CONTR CT
BY
Print Name
TITLE
DATE
INED BY:
DATE
apf~/'/ X 7, 2{)O 7
I
Date: l
FederallD#
a 0 - 4'50 Lf t-/ eX 'f
ACCOUNT #
(For City purposes only)
*Completed W9 form must be submitted with contract
PURCHASE ORDER #
Anderson, Bradley, Krant PC
Page 3 of 7
EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the
number shown on the attached W-9 form is its correct taxpayer 10 (or is waiting for the number to be
issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from
backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is
subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS
has notified it that it is no longer subject to backup withholding. Contractor further represents and
warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the
Contract, when executed and delivered, shall be a valid and binding obligation of Contractor
enforceable in accordance with its terms, (c) the work under the Contract shall be performed in
accordance with the highest professional standards, and (d) Contractor is qualified, professionally
competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury
that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on
behalf of the entity designated above and authorized to do business in Oregon or is an independent
Contractor as defined in the contract documents, and has checked four or more of the following
criteria:
,/
/
v/
v/
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(1) I carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period of one
year.
(6) I assume financial responsibility fortfefective-workmanship--or for service not provided
as evidenced by the'6\vnersrnpof performance bonds, warrant1es, errors and omission
insurance or Itability insur::mce relating to theiobor er services to be providzct-rr:; /
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f\W (1]\i}..A.- j c-.. I~r A\Vf,) ~~
(Date)
Anderson, Bradley, Krant PC
Page 4 of 7
.. I
Form W-9
Request for Taxpayer
Identification Number and Certification
Give form to the
requester. Do not
send to the IRS.
(Rev. January 2003)
Department of the Treasury
Internal Revenue Service
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Name
Business name, if different from above .
Anckr~o(\ Bn.1:d leL k YctV\.t {:=>. ~,
O IndividuaJ/
Check appropriate box; Sole proprietor
Address (number, street. and apt. or suite no.)
4-..50 Sl s/~j L OL.l....
City, state, and ZIP code
-Ash let V\d OK
List account number(s) here (optional)
~ Corporation
6ivd.
'1' 1 52-
o Partnership 0 Other ~
O Exempt from backup
withholding
S L' I t e_ -tt: -
Requester's name and address (optional)
c.\ tJ Of As h k'tvtd
Enter your TIN in the appropriate box. For individuals, this is your social security number (SSN).
However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on
page 3. For other entities, it is your employer identification number (EIN). If you do not have a number,
see How to get a TIN on page 3.
Note: If the account is in more than one name, see the chart on page 4 for guidelines on whose number
to enter.
tr securi~ numr~
I :t I
or
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding, and
3. I am a U.S. person (including a U.S. resident alien).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.
For mortgage interest paid, qu .tion or abandonment of secured property, cancellation of debt. contributions to an individual retirement
arrangement (IRA), and gen rally, yments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. (S the i structions on page 4.) pc-
Sign
Here
Signature of
U.S. person ~
Purpose of Form
A person who is required to file an information return with
the IRS, must obtain your correct taxpayer identification
number (TIN) to report, for example, income paid to you, real
estate transactions, mortgage interest you paid, acquisition
or abandonment of secured property, cancellation of debt. or
contributions you made to an IRA,
U.S. person. Use Form W-9 only if you are a U,S. person
(including a resident alien). to provide your correct TIN to the
person requesting it (the requester) and, when applicable. to:
1. Certify that the TIN you are giving is correct (or you are
waiting for a number to be issued).
2. Certify that you are not subject to backup withholding,
or
3. Claim exemption from backup withholding if you are a
U.S, exempt payee,
Note: If a requester gives you a form other than Form W-9
to request your TIN, you must use the requesters form if it is
substantially similar to this Form W-9,
Foreign person. If you are a foreign person, use the
appropriate Form W-8 (see Pub. 515, Withholding of Tax on
Nonresident Aliens and Foreign Entities).
H .~>S.......
Nonresident alien who becomes a resident alien.
Generally, only a nonresident alien individual may use the
terms of a tax treaty to reduce or eliminate U.S. tax on
certain types of income, However. most tax treaties contain a
provision known as a "saving clause." Exceptions specified
in the saving clause may permit an exemption from tax to
continue for certain types of income even after the recipient
has otherwise become a U.S. resident alien for tax purposes.
If you are a U.s. resident alien who is relying on an
exception contained in the saving clause of a tax treaty to
claim an exemption from U.S. tax on certain types of income.
you must attach a statement that specifies the following five
items:
1. The treaty country. Generally. this must be the same
treaty under which you claimed exemption from tax as a
nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that
contains the saving clause and its exceptions.
4. The type and amount of income that qualifies for the
exemption from tax,
5. Sufficient facts to justify the exemption from tax under
the terms of the treaty article.
Anderson, Bradley, Krant PC
Cat. No. l0231X
Form W-9 (Rev. 1.2003)
Page 6 of 7
SUSAN BRADLEY KRANr
I.JcENSED IN OREGON AND CAuFORNIA
KRANTOABKLEGAl...COM
450 SISKIYOU BLVD., SUrTE 3
AsHLAND, OREGON 97520
PHONE: (541 )488-1225
FACSIMILE: (541 )48&4225
WWW.ABK1..EGAL.COM
CAROLYN A. ANDERSON
I.JcENSED IN OREGON AND CAuFORNIA
ANDERSON@ABKLEGAL.COM
ATIORNEYS AT LAw
March 14, 2007
;'.\
";.'
Richard Appicello, Esq.
Assistant City Attorney
City of Ashland
20 East Main Street
Ashland, Oregon 97520
Subject: Contract Municipal Court Prosecutor's Position
Dear Mr. Appicello:
We would like to introduce ourselves to you and submit a response on
behalf of our f1I'lIl to the temporary position of municipal court prosecutor the
City seeks to have filled. We opened our f1I'lIl almost a year ago in downtown
Ashland, handling litigation, employment, and other transactional matters.
While we are not experienced in municipal or criminal matters, we feel we can
provide a great service to the City given our overall experience and proximity to
the municipal court house and administrative staff. We both would share the
contract work responsibilities, and would utilize a legal assistant, Cesar Bertaud,
who is a licensed California attorney studying to sit for the July Oregon Bar. Mr.
Bertaud has a wealth of experience in handling municipal matters. We have
enclosed a description of our f1I'lIl, which you can fmd discussed in more detail
on our web site, found at abklegal.com, along with a letter describing Mr.
Bertaud's municipal litigation experience which accompanies his resume.
We feel this arrangement would be quite beneficial for the city, for our
f1I'lIl, and for Mr. Bertaud, who has such a great deal of experience in this area
of the law and who, upon passing the bar, might be a great fit for the City to
transition over, if the need for prosecution of these municipal matters persists.
Mr. Bertaud is fully bilingual with Spanish as second language, which makes
him an attractive applicant, as well.
We would welcome an opportunity to speak with you in person about our
proposal in further detail. The email announcement requested that we also
submit a discussion of the financial arrangement we would like to achieve. We
propose handling these matters on a contract basis for $120.00/hour. As a
contract provider, the City would not be responsible for any administrative staff
or licensing fees of our office. We have a full office, adequately staffed, located
in Ashland, and can provide full service legal representation on a contract basis
for 20 hours per week. Mr. Bertaud has previously been in the position of
bringing City staff into the enforcement and prosecution frame of mind, and
knows there will be additional efforts in the early stages that will be streamlined
once our office has been integrated into the City process. If more of a time
commitment is required initially coming up to speed, we can discuss additional
time required for the frrst 2 weeks. Also, for initial ftle review to bring our office
and staff up to speed, we can also discuss a reduced rate. If you fmd less time
is needed than 20 hours per week, our proposal would still stand. However, if
it is your estimation that your needs during the proposed two month assignment
will be in the range of 30 to 40 hours per week, this may not be an arrangement
that would work out given the caseload we carry in our civil practice.
Since both Partners would be involved in the Court appearances, and Mr.
Bertaud would be supervised by us as the responsible attorneys while he works
on the intensive behind the scenes m.e review, witness preparation, and pleading
preparation, we do want to let you know that this arrangement will work best if
there are specific days the municipal trials will be conducted and defmed days
and times we can establish for our investigative efforts and meetings with city
staff when required.
We are not in a position to propose a flat fee for this work, primarily
because we do not know the extent of work required. Should we become more
familiar with the case load and immediacy of participation required by our staff,
we might be in a position to make such a proposal.
We do look forward to hearing from you and setting up a time to discuss
our proposal further, if it is of interest to you.
s,
er on Bradley Krant, P.C.
SBK/kmb
ends.
CITY RECORDER'S COpy
Page 1 / 1
r6'
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
5/1/2007 -1 I
07523
,
VENDOR: 012146
ANDERSON BRADLEY KRANT PC
450 SISKIYOU BLVD SUITE 3
ASHLAND, OR 97520
SHIP TO: City of Ashland
20 E MAIN STREET
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Depl: ADMINISTRATION
Contact: Sue Colton
Confirming? No
Municipal Court Prosecutor
LeQalservices per attached enQaQement
letter and contract, $120.00 per hour.
8,640.00
Contract for twelve (12) weeks
May be extended on a month to month
basis by mutual consent of both parties.
Contract for Personal Services
Date of aQreement: 04/27/2007
BeQinninQ date: 05/07/2007
Completion date: 07/27/2007
,
.'
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
8
~ ..L1.~~~ -?~ 7
Auth ed Signature
VENDOR COpy
0;
A request for a Purchase Order
REQUISITION FORM
CITY OF
ASHLAND
4/21 ~
THIS REQUEST IS A:
D Change Order(existing PO #
Date of Request:
Required Date of Delivery/Service:
~~~~~ltyt:a~I~;r: KS~~t_3,P\
Ac;lAlf.iV\d I OR. q-rs 20
(541) 4-${&'- 12..2.5" -Pa'2t (.541) ~xg- 4-7;>~
{', sa.... '&e..,.-kiLJ (1.
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
SOLICITATION PROCESS
Small Procurement o Sole Source o Invitation to Bid
o Less than $5,000 o Written findings attached (Copies on file)
o Quotes (Not required)
Cooperative Procurement TI Request for Proposal
o State of ORIWA contract (Copies on file)
intermediate Procurement o Other government agency contract o Special I Exempt
o (3) Written Quotes 0 Copy of contract attached o Written findings attached
(Copies attached) o EIII8I'CJ8"CY
0 Contract # o Written findings attached
Description of SERVICES
Le3al StU v ("c..LJ" f../lV alfoc.t,.ed
fro(>osa I. Six hour s ~1Jr wfe-k ~ 120. DO fAT Ild
o Per attached PROPO~' f~ e (u e.. W.R ./2. .r
Item # Quantity Unit
Description of MATERIALS
Unit Price
Total Cost
Project Number ______ - ___
o Per attached QUOTE
Account NumberllQ- SJ.L -01- 00- 60!fl!f_O
./tems and services must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately.
By signing this requisition form, I certify that the information provided above meets the City of Ashland public contracting
and the <Iocu(nentaIion can ~vided upon roquest.
Employee Signature:.... ~(L U~ Supervisor/Dept Head Signature:
G: FinanceIProcedurelAPlFonns\8_Requisition tonn revised.doc
Updated on: 4/27(2.007