Patton State Hospital 3102 East Highland Avenue, Patton, CA 92369 (909) 425-7000 INVITATION FOR BID June 22, 2010 Notice to Prospective Bidders: The California Department of Mental Health, Patton State Hospital (PSH), invites you to participate in this Invitation for Bid (IFB) for the following services: ADVANCED PAINTING WORKSHOPS #1041828A02 Estimated Value for Each Contract: $5,000.00 - $9,999.99 Please refer to the attached documents for details and instructions. All quotes must be received no later than the close of business (4:00 p.m.) on June 28, 2010 via e-mail, postal service, fax, or in person to the following address. Patton State Hospital Contracts Office ATTN: Carolyn DeCorse 3102 E. Highland Ave. Patton, CA 92369 Phone Number: (909) 425-7285 Fax Number: (909) 425-6243 E-mail Address: cdecorse@dmhpsh.state.ca.us All agreements entered into with the State of California will include by reference General Terms and Conditions that may be viewed and downloaded at http://www.pd.dgs.ca.gov/modellang/generalprovisions.htm. The State reserves the right to award an Agreement to one (1) or multiple Contractors. Carolyn DeCorse Carolyn DeCorse Business Services Office I
Page 2 of 20 A. SCOPE OF WORK 1. The purpose of this IFB is to provide advanced painting and drawing workshops for the California Department of Mental Health Patton State Hospital, located at 3102 E. Highland Ave, Patton, CA 92369 2. Contractor shall provide all equipment, materials, supplies, personnel, transportation, licenses, and permits necessary to perform the work stated herein. i. Contractor shall provide two (2)-hour advanced painting workshops, two (2) to three (3) times per week, for up to ninety-eight (98) sessions per year for PSH patients (Individuals). ii. Contractor shall provide one (1)-hour studio preparation sessions, two (2) to three (3) times per week, for up to ninety-eight (98) sessions per year for PSH patients (Individuals). iii. PSH shall provide art supplies and materials required for the workshops. Any additional materials or supplies required for a workshop, which is not provided by PSH, shall be provided by the Contractor at no additional cost to PSH. iv. Contractor shall provide all teaching material required for each workshop. v. Services shall be performed between the hours of 8 a.m. and 4:30 p.m., Monday Friday, excluding state observed holidays. vi. Contractor shall maintain in effect at all times, during the term of the Agreement, Commercial General Liability Insurance covering bodily injury, property damage, and personal injury with limits not less than $1,000,000 per occurrence and $2,000,000 general aggregate. Said policy shall apply separately to each insured against whom any claim is made or suit is brought subject to the Contractor s limits of liability. vii. Contractor shall maintain in effect at all times, during the term of the Agreement, motor Vehicle Liability Insurance with limits not less than $1,000,000 per accident. Such insurance shall cover liability arising out of an accident involving a motor vehicle in use by the Contractor during the prosecution of services under this Agreement, including, but not limited to, Contractor owned, hired, and non-owned motor vehicles viii. Contractor shall maintain in effect at all times, during the term of the Agreement, current licenses, certifications, and permits in accordance with Federal, State, and local government requirements. ix. All work shall be coordinated and approved by the Project Coordinator. In the event additional work is required, Contractor shall provide the Project Coordinator with a written estimate for review and approval prior to commencing the work. B. CONTRACT TERM The anticipated term of this contract resulting from this IFB will be from July 1, 2010 to June 30, 2011. The term of the contract may change if PSH makes an award earlier than expected or if PSH cannot execute the contract in a timely manner due to unforeseen delays. PSH may modify the contract term and/or contract dollar amount during the term of the contract via a written amendment to the contract. The contract resulting from this IFB shall be of no force or effect until it is signed by both parties and approved by the California Department of General Services (DGS). The Bidder awarded a contract is advised not to commence performance until a contract award has been made, all approvals have been obtained, and the awarded contract has been fully executed. Should performance commence, before all approvals are obtained, services will be considered to have been volunteered.
Page 3 of 20 C. BIDDER MINIMUM QUALIFICATIONS Each bidder and/or their subcontractor shall meet the following minimum qualifications. If the bidder and/or subcontractor do not meet the minimum qualifications, the bid may be deemed non-responsive and rejected without further review. 1. All bidders are required to submit evidence of their appropriate current licenses, permits, and certification: i. Instructor must have a minimum of 2 years experience teaching painting and drawing courses. ii. An arts degree from an accredited college is preferred but not required. iii. Current city business license iv. Small Business Certification (if applicable) v. Sellers Permit (applicable only if a separate cost for parts is listed.) D. PRE-BID CONFERENCE An optional pre-bid conference/walkthrough is being offered as part of this IFB in order to provide prospective bidders the opportunity to observe the process when entering/exiting our secured compounds and for the purpose of discussing any questions or concerns regarding this IFB. If your company is interested in scheduling a pre-bid conference please contact Carolyn DeCorse in the Contracts Office at (909) 425-7285. E. PREFERENCE PROGRAMS 1. Small or Micro Business Preference www.pd.dgs.ca.gov i. Bidders that are certified as a small business in California are encouraged to apply. As an incentive, state law allows certified small business (SB) and microbusiness (MB) firms as well as non-small businesses, who subcontract with a certified SB/MB firm, to receive a 5% bidding preference in applicable state solicitations. The effect of the preference is to help SBs/MBs be more competitive in the bid process, thereby enhancing state contract awards directly and indirectly to SB/MB. The preference is only used for computation purposes to determine the winning bidder; the contract is awarded at the actual bid amount. An explanation of online small business certification, information on how to become certified as a small business, and other related information can be found on the internet. ii. Under the California s Prompt Payment Act and in relation to business conducted with the state, California-certified small businesses and recognized nonprofit organizations are entitled to have their properly executed and undisputed invoice handled promptly for payment. When such invoice is not paid within 45 days, these firms are also entitled to receive greater interest penalty payments. 2. Disabled Veteran Business Enterprise (DVBE) Program Requirements www.pd.dgs.ca.gov/dvbe The DVBE requirement for this IFB is optional. However, the State is committed to achieving legislatively established goals for the participation of DVBEs in all state contracting and seeks to use verified DVBE business whenever possible. Therefore, the State requests your voluntary participation in reporting any certified DVBEs, including yourself, that will be used in the performance of this Agreement. An incentive will be given to bidders who provide DVBE participation according to the following scale and to those who meet or exceed the requirements. The percentage will be calculated based on the lowest responsive bid. Confirmed DVBE Participation Incentive Amount 5% and over 5% 4%-4.99% 4% 1%-3.99% 3%
Page 4 of 20 F. REQUIRED DOCUMENTS Listed below are the required documents that must be submitted in order for your bid to be responsive. Refer to the following pages for completion of these documents. For your convenience you may complete the checklist below to confirm the items in your bid packet. Bidder Information/Certification Cost Sheet Business Ownership Questionnaire Payee Data Record Contract Certification Clause (CCC-307) Darfur Contracting Act Certification License(s), Certificate(s), etc. (Refer to Bidder Minimum Qualifications for requirements)
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Page 6 of 20 BIDDER INFORMATION/CERTIFICATION COMPANY INFORMATION: Name: Contact Name: Title: Address: SMALL BUSINESS INFORMATION: Phone: Are you certified with the Department of General Services, Office of Small Business Certification and Resources (OSDC) as one of the following? Small Business Certification No.: Disabled Veteran Business Enterprise Code Number: If application was submitted to OSDC and is currently pending, please give date application was submitted: Are you a Non-Small Business claiming at least 25% Small Business Subcontractor Preference? Yes No SECTION 14838 ET SEQ. OF THE CALIFORNIA GOVERNMENT CODE REQUIRES THAT A 5% PREFERENCE BE GIVEN TO BIDDERS WHO QUALIFY AS A SMALL BUSINESS AS A NON-SMALL BUSINESS CLAIMINIG AT LEAST 25% CALIFORNIA CERTIFIED SMALL BUSINESS PARTICIPATION FOR REQUIREMENTS SEE TITLE 2, CALIFORNIA CODE OF REGULATIONS SECTION 1896 ET SEQ. THE REQUIREMENTS FOR NONPROFIT VETERAN SERVICE AGENCIES QUALIFYING AS A SMALL BUSINESS ARE CONTAINED IN SECTION 999.50 ET SEQ. OF THE MILITARY AND VETERANS CODE. BIDDER CERTIFICATION: State Bidder Instructions (GSPD-451) and General Provisions (GSPD-401 Non IT Commodities or GSPD-401IT) are incorporated herein by reference of and may be obtained from the Procurement Division website at www.pd.dgs.ca.gov. Bidder offers and agrees, if this response is accepted within 45 calendar days following the date the response is due, to provide all services/items upon which rates are quoted, at the prices set opposite each item, delivered at the designated point(s) by the method of delivery and within the times specified and subject to the attached General Provisions. DELCARATIONS UNDER PENALTY OF PERJURY; By signing below, with inclusion of the date of signature, the above bidder DECLARES UNDER PENALTY OF PERJURY under the laws of the State of California as follows: (1) (STATEMENT OF COMPLIANCE). The above signed as complied with the non-discrimination program requirements of Government Code 12990 and Title 2, California Administrative Code Section 8103, and such declaration is true and correct. (2) The National Labor Relations Board declaration set forth in Paragraph 48 of the General Provisions is true and correct. (3) If a claim is made for the Small Business or Disabled Veterans Business preference, the information set forth within is true and correct. It is unlawful for any person engaged in business within this state to sell or use any article or product as a loss leader as defined in Section 17030 of the Business and Professions Code. The signature affixed hereon and dated certifies compliance with all the requirements of this IFB. The signature below authorizes the verification of this certification. Signature: Date:
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Page 8 of 20 COST SHEET The cost sheet listed below is based on an estimated volume of services, to be provided by Contractor, and is not binding on the contracting agency. The estimated volume of services is not a guarantee, neither expressed nor implied, on the actual volume of monthly services that shall be required for this contract. Description Number of Workshops/ Sessions Hours per Workshops/ Sessions 98 2 Studio Preparation Session 98 1 Rate per Hour Total GRAND TOTAL
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Page 10 of 20 BUSINESS OWNERSHIP QUESTIONNAIRE INSTRUCTIONS: Please complete the following information and return the completed questionnaire to the requesting office. If you are bidding on State business, submit the completed questionnaire with your bid package. PART A (required information) NAME OF BUSINESS ADDRESS (Street, City, State, Zip) TYPE OF BUSINESS Business is a Non-Profit or Public Entity (do not complete remainder of form) Association Partnership Corporation Public Entity Non-Profit Entity Sole Proprietorship SIZE OF BUSINESS Certified Small Business with the OSDC 1 Certification Number: Expiration Date: Certified Disabled Veteran Business Enterprise Certification Number: Expiration Date: PART B (optional information used for statistical purposes only and is considered confidential) RACE/ETHNICITY/GENDER OF BUSINESS OWNERSHIP 2 Race Classifications American Indian or Alaska Native Asian Black Or African American Native Hawaiian or Other (Pacific Islander) White Other Ethnicity Classifications Asian-Indian Black Hispanic Native American Pacific-Asian Other Gender Classifications 3 Female Male 1 This box should be checked only if your business has been pre-qualified for the small business preference by the Office of Small Business and DVBE Certification (OSDC). 2 The boxes checked should reflect the race and/or ethnic origin of the person who owns at least 51 percent of the business, or in the case of a publicly owned business, at least 51 percent of the stock. In the case of an equal partnership between a Caucasian and minority group member, the code of the minority group member will be marked. 3 The Female block should be checked if a business is at least 50 percent woman-owned or, in the case of publicly owned businesses, at least 51 percent of the stock is woman-owned. In all other instances, the Male block will be checked. Print Name and Title of Person Completing this form Telephone Number Signature Date
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Page 14 of 20 CCC-307 CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. Contractor/Bidder Firm Name (Printed) Federal ID Number By (Authorized Signature) Printed Name and Title of Person Signing Date Executed Executed in the County of CONTRACTOR CERTIFICATION CLAUSES 1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code 12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code 8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code 10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.
Page 15 of 20 CCC-307 (Continued) Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor s compliance with the requirements under paragraph (a). 7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the contractor certifies that contractor is in compliance with Public Contract Code section 10295.3.
Page 16 of 20 CCC-307 (Continued) DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (Pub. Contract Code 10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code 10411): 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code 10430 (e)) 2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.
Page 17 of 20 CCC-307 (Continued) b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.
Page 18 of 20 DARFUR CONTRACTING ACT CERTIFICATION The Darfur Contracting Act (Public Contract Code sections 10475 through 10481) is intended to preclude State agencies generally from contracting with SCRUTINIZED companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code section 10475. SCRUTINIZED companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services; however, a company may still submit a bid or proposal if the company first obtains permission from the Department of General Services (DGS) according to the criteria set forth in Public Contract Code section 10477(b). Pursuant to Public Contract Code section 10478, if a bidder or proposer, currently or within the previous three years, has had business activities or other operations outside of the United States, it must certify that it is not a scrutinized company as defined in Public Contract Code section 10476. Therefore, to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number below and complete only one of the following three paragraphs (via initials for Paragraph #1 or Paragraph #2, or via initials and certification for Paragraph #3): Company/Vendor Name (Printed) Federal ID Number Printed Name and Title of Person Initialing 1. Initials 2. Initials 3. Initials + certification below We do not currently have, or we have not had within the previous three years, business activities or other operations outside of the United States OR We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services (DGS) to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal. OR We currently have, or we have had within the previous three years, business activities or other operations outside of the United States, but we certify below that we are not a scrutinized company as defined in Public Contract Code section 10476. Certification for #3 I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective proposer/bidder to the clause listed above in # 3. This certification is made under the laws of the State of California. By (Authorized Signature) Printed Name and Title of Person Signing Date Executed Executed in the County and State of
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Page 20 of 20 STATE OF CALIFORNIA SHORT FORM CONTRACT (For agreements up to $9,999.99) STD. 210 (Revised 6/2003) Invoice must show contract number, itemized expenses, service dates, vendor name, address and phone number. SUBMIT INVOICE IN TRIPLICATE TO: Patton State Hospital Accounting Department 3102 E. Highland Ave. Patton, CA 92369 (909) 425-7259 1. The parties to this agreement are: STATE AGENCY S NAME, hereafter called the State. Patton State Hospital CONTRACT NUMBER REGISTRATION NUMBER FOR STATE USE ONLY AM. NO. FEDERAL TAXPAYER ID. NUMBER STD. 204 N/A ON FILE ATTACHED CERTIFIED SMALL BUSINESS CCCs N/A ON FILE ATTACHED CERTIFICATE NUMBER DVBE % N/A GFE Late reason Public Works Contractor s License Exempt from bidding CONTRACTOR S NAME, hereafter called the Contractor. 2. The agreement term is from through 3. The maximum amount payable is $ pursuant to the following charges: Wages/Labor $ Parts/Supplies $ Taxes $ Other $ (Attach list if applicable.) 4. Payment Terms (Note: All payments are in arrears.) ONE TIME PAYMENT (Lump sum) MONTHLY QUARTERLY ITEMIZED INVOICE OTHER 5. The Contractor agrees to furnish all labor, equipment and materials necessary to perform the services described herein and agrees to comply with the terms and conditions identified below which are made a part hereof by this reference. (Outline in exact detail what is to be done, where it is to be done and include work specifications, if applicable.) ADDITIONAL PAGES ATTACHED A. The above Contractor agrees to provide OR The services provided under this agreement include: B. Any questions or arrangements regarding the above services shall be coordinated through, Project Coordinator, at (909) 425-. Above services approved by. EXHIBITS (Items checked in this box are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.) GTC*SF GIA* *If not attached, view at www.ols.dgs.ca.gov/standard+language Other Exhibits (List) In Witness Whereof, this agreement has been executed by the parties identified below: STATE OF CALIFORNIA CONTRACTOR AGENCY NAME CONTRACTOR S NAME (If other than an individual, state whether a corporation, partnership, etc.) Patton State Hospital BY (Authorized Signature) DATE SIGNED BY (Authorized Signature) DATE SIGNED PRINTED NAME AND TITLE OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING Richard Catt, Business Manager I ADDRESS 3102 E. Highland Ave Patton, CA 92369 (909) 425-7285 FUND TITLE General ITEM 4440-011-0001 I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. ADDRESS FISCAL YEAR 09/10 CHAPTER SIGNATURE OF ACCOUNTING OFFICER STATUTE Distribution: Accounting Copy Procurement Copy Vendor Copy Requestor Copy 2009 OBJECT CODE DATE SIGNED