CONTRACT 4129 Maintenance and Repair Agreement CLOSED` lmlw ,
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MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
THIS MAINTENANCE AGREEMENT ( "Agreement ") is made and entered into this 22nd day
of February, 2011, by and between the CITY OF EL SEGUNDO, a general law city and
municipal corporation ( "CITY ") and Wave Communications Inc., a California Corporation
( "CONTRACTOR').
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the
SCOPE OF SERVICES, below;
B. As additional consideration, CONTRACTOR and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR on a lump sum
basis an amount set forth in the attached Exhibit "A," which is incorporated by
reference, for CONTRACTOR's services. CITY will pay such amount promptly,
but not later than thirty (30) days after receiving CONTRACTOR's invoice.
2. TERM. The term of this Agreement will be from March 1, 2011, to September 1, 2011. The
Agreement may be renewed upon mutual consent of the parties.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit A.
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies and
materials, equipment, printing, vehicles, transportation, office space and facilities,
and all tests, testing and analyses, calculation, and all other means whatsoever,
except as herein otherwise expressly specified to be furnished by CITY, necessary
or proper to perform and complete the work and provide the professional services
required of CONTRACTOR by this Agreement.
4. PREVAILING WAGES.
A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of
Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It
is CONTRACTOR's responsibility to interpret and implement any prevailing
Pagel of 8
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wage requirements and CONTRACTOR agrees to pay any penalty or civil
damages resulting from a violation of the prevailing wage laws.
B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem
wages are available upon request from CITY's Engineering Division or the
website for State of California Prevailing wage determination at
http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the
prevailing rate of per diem wages at the jab site.
C. CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6 and
3098 concerning the employment of apprentices by CONTRACTOR or any
subcontractor.
D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing
tradesmen in any apprenticeship occupation to apply to the joint apprenticeship
committee nearest the site of the public works project and which administers the
apprenticeship program in that trade for a certificate of approval. The certificate
must also fix the ratio of apprentices to journeymen that will be used in the
performance of the contract. The ratio of apprentices to journeymen in such cases
will not be less than one to five except:
i. When employment in the area of coverage by the joint apprenticeship
committee has exceeded an average of 15 percent in the 90 days before the
request for certificate, or
ii. When the number of apprentices in training in the area exceeds a ratio of
one to five, or
When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis state -wide
or locally, or
iv. When CONTRACTOR provides evidence that CONTRACTOR employs
registered apprentices on all of his contracts on an annual average of not
less than one apprentice to eight journeymen.
V. CONTRACTOR is required to make contributions to funds established for
the administration of apprenticeship programs if CONTRACTOR employs
registered apprentices or journeymen in any apprenticeable trade on such
contracts and if other contractors on the public works site are making such
contributions.
vi. CONTRACTOR and any subcontractor must comply with Labor Code §§
1777.5 and 1777.6 in the employment of apprentices.
Page 2 of 8
4.
vii. Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations,
ex- officio the Administrator of Apprenticeship, San Francisco, California,
or from the Division of Apprenticeship Standards and its branch offices.
E. CONTRACTOR and its subcontractors must keep an accurate certified payroll
records showing the name, occupation, and the actual per diem wages paid to each
worker employed in connection with this Agreement. The record will be kept
open at all reasonable hours to the inspection of the body awarding the contract
and to the Division of Labor Law Enforcement. If requested by CITY,
CONTRACTOR must provide copies of the records at its cost.
5. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR
has
Thoroughly investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONTRACTOR discover any latent or unknown conditions that may
materially affect the performance of the services, CONTRACTOR will
immediately inform CITY of such fact and will not proceed except at
CONTRACTOR's own risk until written instructions are received from CITY.
6. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONTRACTOR will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
Type of Insurance
Commercial general liability:
Business automobile liability
Workers compensation
Page 3 of 8
Limits (combined single)
$1,000,000
$1,000,000
Statutory requirement.
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129,
B. Commercial general liability insurance will meet or exceed the requirements of
ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name City, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed "primary"
such that any other insurance that may be carried by City will be excess thereto.
Such insurance will be on an "occurrence," not a "claims made," basis and will
not be cancelable or subject to reduction except upon thirty (30) days prior written
notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 01 06 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement,
endorsements as required herein, and such other evidence of insurance or copies
of policies as may be reasonably required by City from time to time. Insurance
must be placed with insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of "A:VH." Certificate(s) must reflect that the
insurer will provide thirty (30) day notice of any cancellation of coverage.
CONTRACTOR will require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word "endeavor" with regard
to any notice provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain such coverage at CONTRACTOR's
expense and deduct the cost of such insurance from payments due to
CONTRACTOR under this Agreement or terminate.
7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this
Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed.
C. Should CONTRACTOR begin work in advance of receiving written authorization
to proceed, any such professional services are at CONTRACTOR's own risk.
8. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause. Notice of termination will be in writing.
Page 4 of 8
B. CONTRACTOR may terminate this Agreement upon providing written notice to
CITY at least thirty (30) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
INDEMNIFICATION.
A. CONTRACTOR indemnifies and holds CITY harmless from and against any
claim, action, damages, costs (including, without limitation, reasonable
attorney's fees and penalties), injuries, or liability, arising out of this
Agreement, or its performance including, without limitation, damages or
penalties arising from CONTRACTOR's removal, remediation, response or
other plan concerning any Hazardous Waste resulting in the release of any
hazardous substance into the environment, except for such loss or damage
arising from CITY's sole negligence or willful misconduct. Should CITY be
named in any suit, or should any claim be brought against it by suit or
otherwise, whether the same be groundless or not, arising out of this
Agreement, or its performance, CONTRACTOR will defend CITY (at
CITY's request and with counsel satisfactory to CITY) and will indemnify
CITY for any judgment rendered against it or any sums paid out in
settlement or otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and volunteers.
C. CONTRACTOR expressly agrees that this release, waiver, and indemnity
agreement is intended to be as broad and inclusive as is permitted by the law of
the State of California and that if any portion is held invalid, it is agreed that the
balance will, notwithstanding, continue in full legal force and effect.
D. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
E. The requirements as to the types and limits of insurance coverage to be
maintained by CONTRACTOR as required by this Agreement, and any approval
of said insurance by CITY, are not intended to and will not in any manner limit or
qualify the liabilities and obligations otherwise assumed by CONTRACTOR
pursuant to this Agreement, including, without limitation, to the provisions
concerning indemnification.
Page 5 of 8
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9. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONTRACTOR will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONTRACTOR is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work
or to exercise a measure of control over the work means that CONTRACTOR will follow the
direction of the CITY as to end results of the work only.
10. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in
writing and may be given by personal delivery or by mail. Notice sent by mail
will be addressed as follows:
To CITY: Attn: Mark Herbert, Sr. Librarian
City of El Segundo
350 Main Street
El Segundo, CA 90245
To CONTRACTOR: Attn: Troy Goza —Wave Communications, Inc.
B. When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United States mail, postage prepaid. In all other instances,
notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
11. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
12. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained
in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
13. CONSTRUCTION. The language of each part of this Agreement will be construed simply
and according to its fair meaning, and this Agreement will never be construed either for or
against either party.
Page 6 of 8
,
14. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
15. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
16. WAIVER Waiver of any provision of this Agreement will not be deemed to constitute a
waiver of any other provision, nor will such waiver constitute a continuing waiver.
17. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
18. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned
upon approval and ratification by the El Segundo City Council. This Agreement is not binding
upon CITY until executed by the City Manager. The Parties represent and warrant that all
necessary action has been taken by the Parties to authorize the undersigned to execute this
Agreement and to engage in the actions described herein. This Agreement may be modified by
written agreement. CITY's city manager may execute any such amendment on behalf of CITY.
19. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
20. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between
any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the
provisions of this Agreement will govern and control.
21. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
22. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, war, terrorist act, embargo, government action, civil or military authority, the natural
elements, or other similar causes beyond the Parties' control, then the Agreement will
immediately terminate without obligation of either party to the other.
23. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting lead based stabilization. To the extent
that there are additional terms and conditions contained in Exhibit "A" that are not in conflict
with this Agreement, those terms are incorporated as if fully set forth above. There are no other
understandings, terms or other agreements expressed or implied, oral or written.
Page 7 of 8
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY OF EL SEGUNDO
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Cit amn ager
ATTEST:
—
Cindy Mor6— en,
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City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City
By:
Karl-A. e
ei ger, Assistant City Attorney
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President
Secretary
Taxpayer ID No.
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February 7`h, 2011
Larry Klingaman
Application Specialist
CITY OF EL SEGUNDO — CITYHALL
350 Main Street
El Segundo, CA 90245
Ph: (310) 524 -2392
Fax: (310) 322 -2756
E- mail: lklin aman else undo.or
EXHIBIT A
COMMUNICA'TIONS, INC.
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BID ADDRESS. El Se undo Public Library, El Segundo, CA.
SCOPE OF WORK, A -/computer uter installation:
1. Furnish & install (4) Cat. 6e Mega -LAN 1000 4 -pair 24 Ga. Plenum cables from the IDF, 2 "d floor, to the new
Skype Rm.; terminate, test and label.
2. Furnish & install (2) Cat. 6e Mega -LAN 1000 4 -pair 24 Ga. Plenum cables from the IDF, 2°1 floor, to the
existing Literacy Rm.; terminate, test and label.
3. Furnish & install (2) Cat. 6e Mega -LAN 1000 4 -pair 24 Ga. Plenum cables from the IDF, 2°1 floor, to the
existing Copy Rm.; terminate, test and label.
4. Furnish labor to install customer supplied new Cat. 6 48 -port patch panel and re- terminate (4) existing Cat. 5
cables, DSL line and above mentioned new cabling.
5. Furnish Category 6e certification tests per TSB 67 with level IV Fluke DTX -1800 Analyzer scanner of (8) data
cables with hard copy documentation. Label customer provided floor plans.
MATERIALS.
Quantity Product Brand Description
2 Berk -Tek Category 6e- LAN- Markl000, 4 -pair 24 ga. Plenum cable. (1,000' units)
8 Ortronics Cat. 6e Trac -Jack snap -in inserts.
3 Ortronics 4 -port Flush mount faceplates.
1 Caddy J -Hook and 1 /4 "' iron rod ceiling support cable hanging materials.
PRICING #1: Skype Room: (Prevailing Waee Labor Rate):
Regular Labor: $588.00
Over Time Labor: (Note 1) $00.00
Materials: $556.00
Total: $1,144.00 + TAX on Materials
NOTE 1: If overtime is required, the additional cost will be addressed with the customer at that time.
PRICING #2: Literacy /Copy Rm.: Wrevai.ling Wage Labor Rate):
Regular Labor: $588.00
Over Time Labor: (Note I) $00.00
Materials: $556.00
Total: $1,144.00 + TAX on Materials
NOTE 1: If overtime is required, the additional cost will be addressed with the customer at that time.
61'0 W Er b' en,tip, E' "I Segunclo, CA 90245 Phone (� 10) 4.006 i a x p310) 5249454 LJC #698630
PRICING #3• New Cat. 6e — 48-Dort Patch Pnl. & Re -Term. Exist. Cable.; (Prevailing Waaae):
Regular Labor: $213.00
Over Time Labor: (Note 1) $00.00
Materials: $00.00
Total: $213.00 + TAX on Materials
NOTE 1: If overtime is required, the additional cost will be addressed with the customer at that time.
PRICING #4• Additional Endorsement/ Travelers Insurance Form CGD247:
Regular Labor: $00.00
Over Time Labor: (Note 1) $00.00
Materials: $180.00
Total: $180.00 + TAX on Materials
NOTE 1: If overtime is required, the additional cost will be addressed with the customer at that time.
PAYMENT TERMS
100% Net 30 days + changes upon completion.
WARRANTY
Wave Communications Inc. (WCI) warrants the cable system and all WCl installed components to be free of defects in
the material and workmanship for a period of (12) months from the date of installation. For the purpose of the
warranty, installation shall be defined as "when the cable plant and its associated hardware is installed and
substantially working." WCI, at no cost to the customer, will repair or replace, at its option, any component that fails
as a result of normal operations during the warranty period. Damage to the cable system caused by others shall not be
considered as covered under the terms of this agreement.
COMMENTS,_ NOTES AND CAVEATS
• Requirements for this bid were identified with a walk thru and supporting SOW information provided by
Customer Contact, Mr. Lary Klingaman of City of El Segundo on September 13" `, 2010.
• All pricing is based on a standard /conventional construction methods (i.e.: T -bar ceilings, hollow wall, hard
lid ceiling.) It is the responsibility of the customer to provide accessible cable pathways.
• For the purpose of this bid, it is assumed that Category 6e Data cables will run between the ceiling location
and the IDFs and that all firewall and concrete walls will have conduit and stubbed through for pathways.
• Should any conduit be required for compliance with local fire or electrical codes, customer shall provide, at
their cost, through a local electrical contractor.
• For the purpose of this bid, the following average cable run lengths, including vertical ascent and descent have
been utilized. Data runs =165' average length.
• All Data cable has been specified 4- pair /24 ga. Category 6e Plus.
• Data cables will be connected on 8145 (8) wire Category 6e patch panel ports terminated in accordance with
ANSI/ELk/TIA 568B wiring standards.
• For the purpose of this bid, and in compliance with NEC code, Plenum cable has been specified.
• AlI Data cables will be tested for continuity, polarity and conformance to standard and certified to Category 6e
performance as defined by per TIA/EIA TSB67 specifications.
• Customer shall provide WCI (4) large sets of E floor plans showing required locations. WCI will install per
customer floor plans and will return prints with cable numbering marked on said floor plans. CAD work and
reproduction would be an additional cost and is not included in this bid.
• All work will be performed in a professional manner, in compliance with all state, local and N.E.C. codes.
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PRICING #3• New Cat. 6e — 48-Dort Patch Pnl. & Re -Term. Exist. Cable.; (Prevailing Waaae):
Regular Labor: $213.00
Over Time Labor: (Note 1) $00.00
Materials: $00.00
Total: $213.00 + TAX on Materials
NOTE 1: If overtime is required, the additional cost will be addressed with the customer at that time.
PRICING #4• Additional Endorsement/ Travelers Insurance Form CGD247:
Regular Labor: $00.00
Over Time Labor: (Note 1) $00.00
Materials: $180.00
Total: $180.00 + TAX on Materials
NOTE 1: If overtime is required, the additional cost will be addressed with the customer at that time.
PAYMENT TERMS
100% Net 30 days + changes upon completion.
WARRANTY
Wave Communications Inc. (WCI) warrants the cable system and all WCl installed components to be free of defects in
the material and workmanship for a period of (12) months from the date of installation. For the purpose of the
warranty, installation shall be defined as "when the cable plant and its associated hardware is installed and
substantially working." WCI, at no cost to the customer, will repair or replace, at its option, any component that fails
as a result of normal operations during the warranty period. Damage to the cable system caused by others shall not be
considered as covered under the terms of this agreement.
COMMENTS,_ NOTES AND CAVEATS
• Requirements for this bid were identified with a walk thru and supporting SOW information provided by
Customer Contact, Mr. Lary Klingaman of City of El Segundo on September 13" `, 2010.
• All pricing is based on a standard /conventional construction methods (i.e.: T -bar ceilings, hollow wall, hard
lid ceiling.) It is the responsibility of the customer to provide accessible cable pathways.
• For the purpose of this bid, it is assumed that Category 6e Data cables will run between the ceiling location
and the IDFs and that all firewall and concrete walls will have conduit and stubbed through for pathways.
• Should any conduit be required for compliance with local fire or electrical codes, customer shall provide, at
their cost, through a local electrical contractor.
• For the purpose of this bid, the following average cable run lengths, including vertical ascent and descent have
been utilized. Data runs =165' average length.
• All Data cable has been specified 4- pair /24 ga. Category 6e Plus.
• Data cables will be connected on 8145 (8) wire Category 6e patch panel ports terminated in accordance with
ANSI/ELk/TIA 568B wiring standards.
• For the purpose of this bid, and in compliance with NEC code, Plenum cable has been specified.
• AlI Data cables will be tested for continuity, polarity and conformance to standard and certified to Category 6e
performance as defined by per TIA/EIA TSB67 specifications.
• Customer shall provide WCI (4) large sets of E floor plans showing required locations. WCI will install per
customer floor plans and will return prints with cable numbering marked on said floor plans. CAD work and
reproduction would be an additional cost and is not included in this bid.
• All work will be performed in a professional manner, in compliance with all state, local and N.E.C. codes.
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COMMENTS, NOTES AND CAVEATS,_ Continued
All cables and components will be labeled using machine generated labels in accordance with industry
standards and customer requirements. A labeling scheme will be agreed upon by customer and WCI, which
will at a minimum indicate the frame, panel and port number.
Should a low voltage- cabling permit be required for this project, cost of the permit and reasonable labor to
secure will be billed upon project completion.
• This bid is based on the above listed items only. Any additional item requests will be considered above and
beyond the set Scope of Work.
CUSTOMER APPROVAL:
Wave Commurt
Sign
W. Troy Goza
Print Name
General Manager
Title /
ate
95- 4504547
FEIN
City of El Segundo -- City Hall
Sign
Print Name
Title
Date
Purchase Order Number
(Sales Tax Exempt: Provide Resale Number)
315 ' W. Grant Avenue, Fi Se n,mdoW CA 90245 P1''t ne X31 j 524 -10064 Fax (3,10), 524 -9454 L ic #69863
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