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Product Information
Edward Potthast 'At the Seashore' Hand Painted Framed Canvas Art
Hand painted oil reproduction of a famous Potthast painting, At the Seashore. This is a remarkable oil painting with exceptional use of color, detail and brush strokes. Today the painting has been carefully recreated detail-by-detail, color-by-color to near perfection. Edward Potthast was among the best of the American Impressionist painters, popular and successful, who was strongly influenced by French Impressionism. Born on June 10, 1857 in Cincinnati, Ohio his paintings avoid complex emotions and instead depict happy carefree moments. This oil painting shows nature in all her grandure with tall trees and calm waters all the way back to the towering mountains. This painting is sure to bring many admirers. Frame Description: Studio Blonde Wood Frame - Natural Blonde Finish. Painting arrives ready to hang and with a Certificate of Authenticity. Artist: Edward Potthast Title: At the Seashore Product type: Canvas Art Style: Traditional Format: Horizontal Size: Medium Subject: Seascape Image dimensions: 20 inches x 24 inches Outside dimensions: 21.5 inches high x 25.5 inches wide x 2 inches deep Factory sealed boxes cannot be returned if opened.
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Insurance Coverage: Many major insurance plans no longer cover Relistor starting in 2016. Learn More
Relistor Tablets for Constipation Coming Soon
The GoodRx Pharmacist - September 09, 2016
Recently a new tablet form of Relistor was approved by the FDA. Relistor was previously available only as a subcutaneous injection—which may mean it will be easier to use for anyone who has an aversion to injections.
What is Relistor used for?
Like the injection, Relistor tablets are used to treat opioid-induced constipation (OIC) in adults with chronic non-cancer pain.
Opioid-induced constipation is a very specific type of constipation due to the use of opioids (Vicodin (hydrocodone/acetaminophen), Percocet (oxycodone/acetaminophen), Oxycotin (oxycodone), morphine, and codeine are all examples of opioid medications). See More
50+ Drugs Dropped by Insurance in 2016, Including Viagra and Qsymia
Elizabeth Davis - August 12, 2015
It's that time again—the new lists of covered and excluded drugs on next year's insurance plans are out, and it doesn't look great. For many Americans with health insurance, more than 50 popular brand-name and generic drugs may no longer be covered starting in January 2016.
Express Scripts and Caremark, companies that handles pharmacy benefits for more than 200 million Americans, are removing about 20 – 30 drugs each from their national preferred formularies at the end of 2015. See More
Movantik: New FDA Approved Drug for Constipation
The GoodRx Pharmacist - September 22, 2014
Movantik (naloxegol) is a new drug for the treatment of opioid-induced constipation in adult with chronic non-cancer pain—basically, it's used to prevent constipation when you're prescribed an opioid for pain relief. It was approved by the FDA on September 16, 2014, and should be available in the first half of 2015.
Why does a medication like Movantik help?
Usually, once opioid pain medications are absorbed by the body for pain relief, they'll also bind to receptors in the stomach and cause constipation. See More
Constipation From Your Meds: What's the Best Treatment?
Dr. Sharon Orrange - February 27, 2014
Medications are a major reason for constipation. Pain medications are the biggest culprit with opioids (Vicodin, Norco, Tylenol with codeine, etc) and non steroidal anti-inflammatory drugs (NSAIDS) leading the pack. Constipation can become a bigger struggle for you than the illness that led you to take the medications causing it, and will make any post-operative course miserable. So, why does this happen and what works for the treatment of medication-induced constipation?
Why does this happen?
Opioids and other medications affect parts of the stomach and intestine (particularly the colon), altering nerve input to the gastrointestinal tract which inhibits movement. See More

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Even in places like D.C. that are decreasingly but still majority black, the sense of white entitlement grows, while black views are increasingly de-legitimized. Those people don't know what's good for them! A few years ago, when I was a Washington Post Style reporter, I was chastised by the Post's ombudsman for writing an article about a dispute between an organization of local black designers and their Korean-born manufacturer. The Post's readers' representative criticized me for telling the story "almost exclusively from the perspective of the black community."
To this day, I'm scratching my head at that one. In a month of my reporting the story in the racially segregated neighborhoods in the District, the sightings of non-black people added up roughly to, um, zero. For a newspaper published in the Chocolate City, I found it highly incongruous not to see stories from a black perspective.
It has been no secret that the default mainstream-media perspective has always been "white," or some mythical mass that does not look like us. In his book Black Journalists in Paradox, Clint C. Wilson wrote that black journalists who go against the grain are often trapped, forced "to either ignore the application of news values as they related to African-American cultural experience or assume a conflict posture with newsroom colleagues and superiors in pursuit of changing traditional policy."
As the Manhattanization of previously black neighborhoods continues all around the country, the transition requires a psychological adjustment from newcomers and old-timers alike. The downside of social networks is that they rarely allow you to encounter people and ideas across racial, socioeconomic and cultural divides. Instead, whining retweets about Milloy's column reinforced people's own (statistically false) assumptions that progress is happening for everyone in the city. Smith nailed many of the nuances in his piece, but he and many of those he quoted described Milloy as a relic, a throwback, passé.
I overtweet as much as the rest of them. But I can't disagree more. As a resident of the District, I see the effects of joblessness, poverty and mental illness each time I walk out my door. I struggle to explain it to my children in ways that don't desensitize them to people's basic humanity and pain.


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Local takes stage
Tunica native and Rosa Fort graduate Florence (Flo) Roach has written a tribute to good men, which will be presented Father's Day weekend.
Her new play, Calling All Men, will offer a variety of entertainment – music, singing, dancing, drama, comedy and spoken word – on Saturday, June 18, 2011, 7:00 p.m. at the Michael D. Rose Theatre, located at 255 University Center on the University of Memphis campus. Tickets are $30 and portions of the proceeds will benefit HER, a shelter for abused/homeless women and children.
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Par Magyarlanyka
de London, ON
I am in shock. I have many, many pieces from the JK collection and all the pieces are of the highest quality as to be expected.I originally bought this bracelet and loved it so much I wanted another.I received the second bracelet yesterday and I'm stunned that this was sent out to a customer.The plating has worn off, which has NEVER happened in this collection and what's left has tarnished all over! Each letter has bubbles all around and the bracelet itself is narrower than the original!Thanks to TSC new return policy and customer's losing money, I'm going to see if jeweller can fix this first before attempting a return.I am quite disappointed and extremely upset at this piece being of such poor quality.I still would recommend this, however have said no to the below option for this particular piece as I'm sure I was just unlucky enough to get a dud.
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Non, je ne recommanderais pas ceci à un ami
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I love this bracelet
Par Ginger Peaches
de Don Mills, Ontario
I was delighted when my bracelet arrived and I could handle it in person. The look and feel of the bracelet belies it's reasonable price. It is an unusual looking piece and as with all the pieces in the Jackie Kennedy line, it has an elegant look. Another plus, is the ability to change the length of the bracelet, especially for a small wristed gal like myself.
En résumé
Oui, je recommanderais ceci à un ami
( 2 of 2 clients ont trouvé ce commentaire utile)
I bought this bracelet a few weeks ago and wear it every day. In fact, I am purchasing another. It is my version of the Cartier love bracelet!It is absolutely stunning and fits very comfortably - hugs the wrist.All the pieces from the JK collection are of the highest quality. I have many pieces from this collection and am impressed by the design and quality of each piece.The history makes it an honor to wear.
Coolest Bracelet Ever!
Par Ruby
de Fraser Valley
I love this bracelet. This bracelet appears to be well made, solid, lovely red enamel, red crystals on the top and the bottom sides of the bracelet and it is REVERSIBLE! It fits me snugly without the extension but is a good fit. The extension is really nice on this bracelet. I really like how the JBK bracelets come with the extensions and generally the fit is really nice for me. It was a last minute decision for me to order and I am very happy that I did!I would recommend!
Amazing !!
Par PATRICIA FABULICIOUS
de EDMONTON
Love this bracelet!! It's stunning and well made, not cheap, exceptional !!!
castellani bracelet
Par Clara
de Ottawa
J had the bracelet when it was the show stopper. It was the last present from my husband not long after he died.The messages was very appropriate,beacause I won't gave up on him.The only problem I have, that I can't wear on bare sking, my wrist get green.I would appreciate any advise what to do/
( 1 of 1 clients ont trouvé ce commentaire utile)
Beautiful as Usual
Par LYNDA
de ST. STEPHEN
Received this bracelet in the mail this morning and as with any of the other pieces from this collection, it is beautiful. The quality is very good and the look is expensive. I only order bracelets from the Jackie Kennedy collection as I have a very small wrist and hand and anything longer then 7-1/4" is too big. The 7" length of this collection, when the extender is removed, is perfect. Love it.
Pretty bracelet
Par IRENE
de DELTA
I am pleased with this bracelet , it appears to be well made. I too wish the wedding story and ezplanation of the saying came with it.
( 3 of 3 clients ont trouvé ce commentaire utile)
Fantastic product!
Par DIANNE
de MONTREAL
This ia fantastic gift for any woman, married or not.I love it!Everyone notices it when I wear it!
stylish and very comfortable
Par THERESE
de GATINEAU
I will be wearing this bracelet as much as I can. It is also suitable to wear when wearing casual clothes i.e. jeans etc. I really like this bracelet and I like the wordings on it. This will also be a beautiful gift to pass along to a loved one. I am glad I bought it and would highly recommend it.


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The Miho Jazz Orchestra is taking a global initiative in creating a new sound for jazz!
Mystery Banana is stupid good!
Brent Black / www.criticaljazz.com
Slow and steady wins the race and Miho Wada's exponential growth as an artist seems to be hitting a creative zenith with Mystery Banana. There is an amazing transference of not just harmonic energy but of emotional depth, call it a real musical happy place. Whimsical, ethereal, yet esoterically grounded, Miho Wada creates one of the most unique hybrids in improvisational music that cuts a path that is as wide as it is deep while having what some might consider an uncharacteristically accessible. Simplicity is indeed the ultimate in sophistication.
A wide eyed wonderment seems to eminent from Mystery Banana as compositions run the sonic spectrum from reflections on "Cherry Beer" to the personification of musical joy in "Tokyo Rag Time." The cultural influence is deceptively subtle adding texture and depth but maintaining a distinct uniformity in sound. Focus. A lyrical sense of abandonment that never finds itself jumping the track. Miho Wada can move her ensemble in a myriad of melodic adventures including the stellar "Juxtapagypsy" which embraces a Latin / Gypsy vibe that is simply another golden thread in the harmonic tapestry that is the Miho Jazz Orchestra. Guitars, Violin, Cellos? Chamber jazz with a global back beat!
MJO is often referred to as "Afro-Cuban flute meets J-Pop" and while that may be an easy way out to tag the music, Miho's experience also includes work with Iggy Pop and members of the Buena Vista Social Club. Miho Wada and Mystery Banana transcend labels. MJO is passion. Performer, composer, and teacher has Miho Wada as a certified improvisational triple threat. Her skills on both flute and saxophone have more than earned her the title, "Japenese punk-ninja flautist."
Grab a cherry beer and get happy!
Tracks: Mystery Banana; 12.5 Degrees; Cherry Beer; Grappellish; Equinox; Eerie Night; #4; Juxtapagypsy; Tokyo Rag Time; Mystery Banana (Bonus Track).
Personnel: Miho Wada: Flute & Saxophone; Pascal Roggen: Violin & Electric Violin; James Donaldson: Cello; Andrew Rudolph: Guitars; Leo Corso: Bass; Jared Desvaux de Marigny: Drums.


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The number of passengers at Göteborg Landvetter Airport in November totalled 413,465, which is the highest figure ever recorded for the month of November. International traffic is on the rise, while domestic traffic was down slightly in November.
"Our upward trend continues, and all indications are that we will beat last year's record. There is strong demand for international travel from people in western Sweden, and in November London in particular attracted passengers, with the number of flights there up 16 per cent during the month," says Charlotte Ljunggren, airport director at Göteborg Landvetter Airport.
The total for November shows a 1 per cent increase in passenger volume compared to November last year.
In November, the number of passengers who flew internationally was up 4 per cent, to 284,986. The number of domestic passengers in November this year was 128,479, a 5 per cent decline compared to the same period in 2013.
However, so far this year domestic traffic has increased 4 per cent. From January to November, 1,266,194 people flew domestically to or from Göteborg Landvetter, which is the highest figure ever for the period.
International traffic has also shown an increase during the first eleven months of the year, 3 per cent to 3,528,854.
A total of 4,795,048 people have flown to or from Göteborg Landvetter Airport so far this year.
The number of landings at the airport in November totalled 2,509, an increase of 1 per cent compared to November last year. From January to November, 28,332 aircraft landed at the airport, also an increase of 1 per cent over the figure for 2013.
1. London2. Frankfurt3. Copenhagen4. Amsterdam5. Helsinki


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You're blog website is really amazing, i found here a really useful informations and reviews, also contact with you guys is AMAZING.
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Commercial Bike Rack
There are a variety of hitch mount bike carriers that have either a platform tray mount that supports the tires, as well as the hanging mount. There are a number of companies that have manufacture the hitch mounted bike carriers. The following is a short list of...
Bike Racks For SUVs
SUV's have become one of the most popular choices for family cars because they are so flexible in cargo and passenger capabilities as well as adaptation to varied terrain. Naturally, people who own an SUV and who love to bike will also need special bike racks...
Yakima Stickup Bike Rack
The Yakima Stickup Bike Rack is a platform style rack suited for Class I 1¼" and Class II 2" receiver bumper hitches. Each bike tray is independent; therefore it is easily adjusted for bikes of different sizes, styles and weights, as well as tire widths up to 3...


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Award-Winning Algebra Tutors in Delmar, NY
Jesse ...high school and university students. What drew me to tutoring Spanish was that it not only allowed me to maintain my Spanish after graduating, but also gave me a chance to share my the experiences I had gained while traveling the Spanish-speaking world (Mexico and Spain). I chose to tutor math as well, after offering...
University of Oregon - BA, Human Physiology, Spanish
CSU, Long Beach - DPT, Physical Therapy
John ...a research and development engineer. The subjects I tutor are geometry, algebra, trigonometry, IB math, physics, and calculus. My favorite subject to tutor is calculus because it has so many real life applications and the logic behind it is fascinating to me. When I teach I focus on giving simple explanations and analogies regardless of...
Rochester Institute of Technology - Bachelors, Mechanical Engineering Technology
Budapest University of Technology and Economics - Masters, Mechanical Engineering Modeling
Cassandra ...with a minor in Economics. I was actually in seventh grade when I decided on the Actuarial Science major, and my passion hasn't changed since! I love math and I love to teach it! Fun Fact About Me: I also love music, and I play the flute in the concert band here at UAlbany.
University at Albany - Current Undergrad, Actuarial & Mathematical Sciences
Nelson ...in the private sector for IBM. Eventually I left IBM and started my own company in the computer leasing industry. Even though throughout my career I have been in mostly sales positions, I found that my teaching background proved invaluable when explaining to my clients how new technologies could benefit their organizations. I think my...
Franklin and Marshall College - Bachelors, Math
wesleyan university - Masters, math
Nicole ...not their fault. Transforming math into a fun concept that incorporates your student's interests is the pathway to their success. Outside of math, my interests include outdoor activities. I love experiencing the enchanting views at the end of a hike, and water-skiing and tubing in lakes. I also enjoy attending outdoor country music concerts.... As a teacher, my goal is for your student to understand the subject in a new way that incorporates their interests and abilities.
Sage College of Albany - Bachelors, Business Administration
Elisabeth ...be able to use that material and apply it to their learning for years to come. It is important to me that each student makes academic goals and that I help achieve those goals so that every student feels successful and well equipped to handle material on their own. I think that it is crucial...
The University of Vermont - Bachelors, Psychology
SUNY at Albany - PhD, Clinical Psychology
Mouaaz ...enjoyed tutoring students in areas of difficulty and making a difference in their academic progress. It also gave me a great way to review material I took in the past. I have also translated Arabic for over four years at elementary, middle, and high schools throughout the capital region. I assisted in translating official NY...
SUNY at Albany - Bachelors, Biology and Business Administration
Rob ...a certified teacher in the State of Massachusetts. As a tutor, I am both flexible and patient. No two students are the same, and therefore there is no "right approach" to tutoring. Rather, I try to meet students where they are, and find ways to help them accomplish whatever goals they have in mind, be...
Fordham University - BA, English / History / Philosophy
Fordham University - MA, Philosophy
Ashia ...of being a D1 athlete on the Track and Field Team. I have always had a love for the sciences and enjoy teaching these subjects as well. While I was at Sacred Heart University I was able to tutor in Pre-Calculus and also Physics I and II. Students would come to me with any questions...
Sacred Heart University - Bachelors, Biology
Albany College of Pharmacy and Health Sciences - Current Grad Student, PharmD
Clinton ...topics through a variety of interactive and interesting methods. My favorite thing about tutoring is helping people understand why what they are learning is important. Once you know why you learn something you are much more inclined to focus and challenge yourself with it. I believe education is vital in the world today but more...
Rensselaer Polytechnic Institute - Current Undergrad, Biology
Albany Medical College - PHD, Molecular and Cellular Physiology


text: I agree with the previous person whom wrote a review for this business (if you can even call it that). To start off the cab driver didn't know where he was going and drove like an idiot, the van sliding all over considering the roads were covered in snow and ice. Second, I only went down the street literally 5-10 minute drive & back (Less than 20 minutes all together) during which he made rude ignorant comments to the kid sitting in the front (why I don't know but since it was 3am i feel like reporting the company for having a minor working) and for this he charged me $24 (guess its more when you get a cab with a driver and an assistant??). Then as if the experience wasn't enough, I must have dropped my phone in the cab and they stole it so I called the company today and they did nothing. I'm definitely calling the attorney general and better business bureau and going to the police about the phone. I feel bad for any1 who makes the mistake of calling these ignorant people running a poor excuse of a company.


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[trigger to render Video Gallery]
[trigger to render Image Gallery]
To cover the foam chamber of your SENSEO® coffee machine.
Please check specifications for compatible products
From time to time your product needs a facelift, and with Philips consumer replacement parts to renew your product, it's never been so easy! All this with guaranteed Philips quality.


text:
Arabic Democratic Unionist Party
From Wikipedia, the free encyclopedia
For political parties with similar names, see Democratic Unionist Party (disambiguation).
|This article needs to be updated. (July 2012)
Arabic Democratic Unionist Party
|Muhammad al-Sufi
|Damascus, Syria
|Arab nationalism (Nasserism)
|National affiliation
|National Progressive Front
|People's Council
0 / 250
The Arabic Democratic Unionist Party (Arabic: حزب الاتحاد العربي الديمقراطي - Hizb Al-Ittihad Al-'Arabi Al-Dimuqrati) is a nationalist political party in Syria. It is part of the National Progressive Front of legally licensed parties which support the socialist and Arab nationalist orientation of the government and accept the leadership of the Ba'ath Party. In the 22 April 2007 People's Council of Syria election the party was awarded 1 out of 250 seats in the parliament.
|This article about a Syrian political party is a stub. You can help Wikipedia by expanding it.


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Matching: maximo X
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"BMXAA2598E - A purchase order is required for approval." while trying to approve Outside Labor transaction in Labor Reporting application Community Blog
AliceDegawa Tags: #supmax #maxsup maximo 563 Views
The message "BMXAA2598E - A purchase order is required for approval." is related to the check-box "Company Default for PO Required for Outside Labor?" (MAXVAR LR_PO_OUTLAB_RQRD) which is hidden by default in Organizations application...
"Don't you forget about me" ... Updating WebSphere 8 and IBM Installation Manager Community Blog
Rich_Goyette Tags: websphere ibmeam install maximo instructions 4,716 Views
When IBM introduced support for WebSphere 8 with Maximo 22.214.171.124 one of the benefits of supporting WebSphere 8 was the new installation process which is simpler and more efficient than the previous versions of WebSphere. WebSphere 8 uses the IBM Installation...
"Generate Request Page" button is missing from Report tab in Maximo v7.6 Community Blog
JulietM Tags: generate maximo+7.6 missing pages request_page xmls request maximo button 805 Views
Generating request pages is a common task among Maximo administrators and users alike. Users can create BIRT reports and publish them to Maximo application, and an important part of this process is generating request pages. Request Pages are...Modified on by JulietM
"Maximo Upgrade Tips" blog launched Community Blog
JeanCR Tags: ibmeam maximo maximo_upgrade_tips best_practices maximo_upgrade 1 Comment 5,616 Views
Hi. My name is Jean Carlos and I'd like to let you all know of our brand new blog Maximo Upgrade Tips , which authors are part of the Brazil Maximo/Industry Solutions Upgrade QA team. We are going to put there posts with tips in how to perform...Modified on by JeanCR
"What condition my condition is in"...User Interface properties that can be controlled conditionally Community Blog
scottsd Tags: ibmeam condition designer ui application developer interface maximo user conditional 6,343 Views
Conditional UI is a powerful tool that can change the behavior of your user interfaces based on the state of the current record or the role of an individual user. See the Application Configuration Best Practices page for more details on what Conditional...Modified on by scottsd
&USERNAME&, &APPNAME& and other special bind variables you can use Community Blog
Jenny_Wang Tags: relationships objects variables attributes maximo ibmeam v7 v75 1 Comment 23,157 Views
We use bind variables a lot in maximo. We are familiar with relationships like " LOCATION=:LOCATION and SITEID=:SITEID ", and conditions like " :CLASS='INCIDENT' ". " :LOCATION ", ": CLASS " are maximo bind variable. They are resolved to the actual value of...
'Hardening' a Maximo/TPAE Based Implementation Community Blog
ColleenMcCretton Tags: service-management eam asset-management security servicemanagement ism maximo tivoli 5,150 Views
As companies are becoming more security-aware they are conducting security audits of their key applications and looking for ways to 'harden' their implementations. Maximo and other TPAE based products are scanned using IBM's Rational AppScan tools to identify...
3-2-1 ... Go! Performance considerations for your Maximo Admin Workstation Community Blog
Rich_Goyette Tags: installation performance workstation maximo admin 3,696 Views
"Before you can race, you must qualify". As a fan of Motorsports (Formula 1 in particular) I hear this phrase on many weekends throughout the season. The phrase basically means that to have the highest chance of being successful in an endeavor you...
[Tutorials] How to create and apply response plans to tickets using IBM Tivoli Service Request Manager Community Blog
HelenaCorelli Tags: tsrm manager response request maximo plan ism service 2 Comments 9,015 Views
1. About this tutorial 1.1 Introduction It can be quite complex to manage a high number of requests in a Help Desk environment, Delays in responses may have a negative impact on business and cause user dissatisfaction. The SRM Response Plan is an escalation...
[Tutorials] How to set up a horizontal cluster for a Maximo sandbox using WebSphere Application Server 7 Community Blog
HelenaCorelli Tags: maximo cluster websphere desk was control sccd smartcloud 9 Comments 15,775 Views
[Tutorials] How to set up a horizontal cluster for a Maximo sandbox using WebSphere Application Server 7 Introduction As described in WebSphere Application Server Information Center: " Clusters are groups of servers that are managed together and...
[Useful Tiny Little Things] Filtering records - search tips Community Blog
LeandroCassa Tags: record tips search filter chars filtering table wildcard tpae things ccmdb tip wildcards mbs maximo little characters ism srm special records tsrm useful tiny 3 Comments 8,797 Views
Hi Everyone, Welcome to Useful Tiny Little Things, a series of topics that I will publish in the Process Automation blog. My name is Leandro Cassa and I work at IBM as the CCMDB Level 3 support team leader. The purpose of this series is to provide useful...
[Useful Tiny Little Things] Increasing displayed rows per page Community Blog
LeandroCassa Tags: little size tpae rows tsrm display ism page maximo row designer things useful increase application displayed table mbs tiny ccmdb srm 6,218 Views
Hi Everyone, Welcome to Useful Tiny Little Things, a series of topics that I will publish in the Process Automation blog. My name is Leandro Cassa and I work at IBM as the CCMDB Level 3 support team leader. The purpose of this series is to provide useful...
[Useful Tiny Little Things] Setting up Email Listener Community Blog
MarcusMiranda Tags: listener tpae smtp things maximo useful email little tiny 11 Comments 12,821 Views
Hi Everyone, Welcome to Useful Tiny Little Things, a series of topics published in the Process Automation blog. My name is Marcus Miranda and I work at IBM. The purpose of this series is to provide useful simple things that we sometimes have no idea exist....
A field in Maximo is read-only. How can I make it read-write? Community Blog
I was using the Job Plans application in one of my test instances the other day and unexpectedly found one of the fields was read-only. Cross checking with two other Maximo instances I had access to, I confirmed that Out Of The Box the field should not be...Modified on by Matthew Margan
A Maximo Scripting Solution to a Plain Text Problem Community Blog
PeteHalbeisen Tags: email scripting 220.127.116.11 220.127.116.11 ibmeam plain-text tpae maximo 8 Comments 14,227 Views
with Steve Haupman, Anamitra Bhattacharyya and Sampath Sriramadhesikan (IBM US) Introduction The purpose of this article is to present a technical solution using Maximo Automated Scripting to the problem of plain text white space content via...Modified on by PeteHalbeisen


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Thread: openbase_dir questions
09-07-2006, 02:23 AM #1Junior Guru Wannabe
- Join Date
- Aug 2006
- Posts
- 31
openbase_dir questions
I'm currently running cPanel on a FreeBSD server wit openbase_dir enabled.
Recently my company made a contract with a local web development company to take over all of their hosting. The problem is that they've developed a php library of code that they use for all of their sites.
I need to add the directory we put this code in to the default directories that cPanel puts in the httpd.conf file when it creates accounts. At the moment I'm manually doing it, but I don't want to have to do that everytime they add an account to the server, and I sure as hell don't want to give them access to that file.
Any help on this would be appreciated.


text:
Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Essay:
Managerial Accounting -- Budgeting 1 &
(1) Is this a static or flexible budget?
Since many of the budget line items are based on student enrollment, this budget format is considered to be a flexible budget. The costs of providing instructors and associated benefits is fixed by the state with regard to the ratio of students to teachers, and students per classroom (which is more a function of fire codes and building codes, but it is still a determinant with regard to budget flexibility). The expenses associated with the school facility are fixed and generally cannot deviate in response to increases or decreases in enrollment. Personnel and plant costs are two major items in the school budget, and neither provides options for flexibility. That said, much of the proposed budget is based on student enrollment scenarios -- of which there are three at 120 students, 100 students, and 66 students. As we will see in the response to question #5 below, the budget scenario constructed for student enrollment at 66 students is not viable since the breakeven point is 77 students. As this figure can be determined in advance -- given the appropriate figures or estimates -- a more functional budget would have provided a third scenario, perhaps in the range of 150 students, should the school plant be capable of handling a student body that size.
(2) What is total revenue (excluding grants) per student?
The per student revenue less grant funding is $6,063.06
(3) What are total expenses per student?
The per student expenses are based in part on the number of students enrolled in the charter school. For an enrollment of 120 students, the expenses total $4,518.00, for 100 students, $5,283.00, and for 66 students, $7,646.00. These figures reflect an economy of scale that is based on the regulated fixed costs (Hermanson, et al., 2011). In other words, budget accommodations cannot be made for half of a classroom, or a third of a general Internet charge. Although it is possible to adjust the budget with part-time teaching staff, it is not possible to hold full-day classes with only part-time staff, even if a combination of staff members can represent a full-time equivalent (FTE) on paper.
(4) Do all expenses seem necessary?
Given that this operation is a charter school, an educational enterprise that relies on meeting certain standards of quality, meeting state and federal requirement, and on its general reputation, there do not seem to be any current expenses that can be eliminated. It might be possible to postpone the technology enhancements, but we don't have access to the budget justification that would provide more detail to indicate whether this is possible or recommended. In addition, activities such as grass removal might be optional or could be addressed with parent, student, and booster club volunteers -- but for a charter school that is launching, this is not likely to be as well-received as if the school had been a going enterprise for some time with a loyal body of enthusiastic supporters.
(5) Is this school viable? How many students does the school need to break even (show your calculations with analysis and state your assumptions for break-even)?
(Note: For break even analysis -- Ignore revenue received as "Grants" and "Startup Costs" (Schedule A).
The school does appear to be capable of conducting a viable enterprise, as long as student enrollment stays at about 100 students or so. If enrollment figures drop to 66 students, the school will be operating in the red (-$29,492). The primary issue with breakeven analysis in the public school sector is that certain fixed costs are under regulatory control and cannot be adjusted (Richards, 2013).
Breakeven Point = Fixed Costs/(Unit Selling Price - Variable Unit Cost)
Fixed Costs = $458,937 @120; $458,917 @100; $458,
Unit Selling Price (revenue received per student per enrollment) = $6,688@120; $6,813 @ 100; $7,
Variable Unit Cost = $483,460 @120; $69,550 @100; $45,
Breakeven Point = $458,937 / ($6,688 - $694.50) = 76.57 or 77 units
Unit Contribution Margin = Sales Price - Variable Costs
Sales Price = = $6,688@120; $6,813 @ 100; $7,
Variable Costs (per student unit) = $694.50
Unit Contribution Margin = $6,688 -- $694.50 = $5,993.50
(6) What are the general benefits of preparing this budget?
This budget format provides a fundamental understanding of the relationship…[continue]
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, 13:32
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Firstly about Naples, FL, Coordinate is 26.1420296, -81.794854, weather is and (). Population about 21512 and
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* Weather information on route, provide by Open Weather Map.
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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Term Paper:
The fact that all of these traditions make the same truth-claims and all believers believe with equal intensity, yet fall short of fully capturing the earth's majesty, calls into question the limits of human being's ability to find a comprehensive explanation for the earth. All the earth, even the weather, not simply the animate elements have power. Ultimately control is impossible, and even the filmmakers are limited in time and scope to how much time and geographical breadth they can capture in art.
The film's title "Baraka" is a Sufi word that means, alternately translated, "essence or breath" or "blessing" (Hinson 1993). This suggests that the film is supposed to capture the essence of life on the planet, and by showing a diversity of images, the camera functions as a kind of blessing upon everything that falls under the omniscient gaze of the filmmaker. "The film allows us to see the actual interconnectedness of all things in the world, and to appreciate its patterns and symmetries and its innate sense of balance and proportion" (Hinson 2007). Yet the one paradox to this pantheism is that cinema is indeed a man-made creation, and without cinema, no viewer could appreciate "Baraka" and its message.
Although the film encourages a holistic view of nature, and tends to reduce humanity's place in the universe, ultimately its aim is to move and to change the mind and views of its human audience in a highly specific and particularistic way. "They've assembled their images as a kind of 'guided meditation' -- as they have called it -- created for the purpose of examining 'man's relationship to the eternal'" (Hinson, 1993). This meditation does not guide the viewer outside of nature, although the viewer must leave nature to enter the theater to see it. However, it takes the viewer above and beyond the constraints of a human's eye view through the technology of cinema. It forces the individual to see the place of humanity from a god's eye view, even while it stresses the dependence of human beings on the vagarities of the environment and natural processes.
The movie 'Baraka' shows us that humans are not extremely different, but rather that all humans are and must be thought of as interrelated. The movie explores the many ways that human societies adapt to their surroundings, and in doing so, it also shows us that all human societies adapt in similar ways. Although humans themselves are diverse, their diversity pales in comparison to the diversity of the earth itself" (the Movie Baraka as Evidence of a Human Cultural Legacy," Anthology of Ideas, 2006). If there is a religion its broad-sweeping lens endorses, it is the religion of environmentalism, as we as a species are so dependant upon the planet, and because humans are equally dependant upon the natural cycles of the world for sustenance.
However, for many filmgoers, seeing the film may be a religious experience of meditation, even if the film takes place in a secular institution like a movie theater and shows what are often seen as profane, ordinary aspects of human existence as well as exalted spiritual images. By pairing what is falsely demarcated as only sacred, or only profane together, and showing that they are all part of the ebb and flow of life on earth, a viewer receives the message that all is one, and there is spirituality to be found even in the rawest, most untouched, and most ordinary aspects of nature. Even where there is no humanity to be found, spirituality is evident, although this spirituality is created by the magic of human-created cinema.
Works Cited
Baraka." Directed by Ron Fricke. 1992.
Brussat, Frederic & Mary Ann Brussat. "Baraka." Spirituality and Practice. 1993.
13 Nov 2007. http://www.spiritualityandpractice.com/films/films.php?id=4678
Ebert, Roger. "Baraka." The Chicago-Sun Times. 12 Nov 1993. 13 Nov 2007. http://rogerebert.suntimes.com/apps/pbcs.dll/article?AID=/19931112/REVIEWS/311120301/1023
Hinson, Hal. "Baraka." The Washington Post. 27 Oct 1993. 13 Nov 2007. http://www.washingtonpost.com/wp-srv/style/longterm/movies/videos/barakanrhinson_a0a88a.htm
The Movie Baraka as Evidence of a Human Cultural Legacy." Anthology of Ideas.
2006. 13 Nov 2007. http://anthologyoi.com/anthropology/culture/anthropology-the-movie-baraka-as-evidence-of-a-human-cultural-legacy.html[continue]
"Religious Philosophy Baraka A Film" (2007, November 13) Retrieved December 4, 2016, from http://www.paperdue.com/essay/religious-philosophy-baraka-a-film-73473
"Religious Philosophy Baraka A Film" 13 November 2007. Web.4 December. 2016. <http://www.paperdue.com/essay/religious-philosophy-baraka-a-film-73473>
"Religious Philosophy Baraka A Film", 13 November 2007, Accessed.4 December. 2016, http://www.paperdue.com/essay/religious-philosophy-baraka-a-film-73473
This is pantheism defined cinematically. Pantheism is a departure from Christianity or other theisms as it does not have at its center a God, but suggests that all things, people, animals, creatures, elements, are of the collective; that the collective, together, in its entirety, is the "god (Levine, Michael P., 1994, p. 147)." The philosophies that surround pantheism are many, and make sound and tempting arguments in favor of a superior


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Spin is a popular open-source software tool, used by thousands of people worldwide, that can be used for the formal verification of distributed software systems. The tool was developed at Bell Labs in the original Unix group of the Computing Sciences Research Center, starting in 1980. The software has been available freely since 1991, and continues to evolve to keep pace with new developments in the field. In April 2002 the tool was awarded the prestigious System Software Award for 2001 by the ACM
Keywords for this software
References in zbMATH (referenced in 633 articles , 1 standard article )
Showing results 1 to 20 of 633.
- Adzkiya, Dieky; Zhang, Yining; Abate, Alessandro: VeriSIMPL 2: an open-source software for the verification of max-plus-linear systems (2016)
- André, Étienne; Benmoussa, Mohamed Mahdi; Choppy, Christine: Formalising concurrent UML state machines using coloured Petri nets (2016)
- Arcaini, Paolo; Holom, Roxana-Maria; Riccobene, Elvinia: ASM-based formal design of an adaptivity component for a cloud system (2016)
- Chevrou, Florent; Hurault, Aurélie; Quéinnec, Philippe: On the diversity of asynchronous communication (2016)
- De Giacomo, Giuseppe; Lespérance, Yves; Patrizi, Fabio: Bounded situation calculus action theories (2016)
- Dobrikov, Ivaylo; Leuschel, Michael: Optimising the ProB model checker for B using partial order reduction (2016)
- Duan, Zhenhua; Tian, Cong; Zhang, Nan: A canonical form based decision procedure and model checking approach for propositional projection temporal logic (2016)
- Fajstrup, Lisbeth; Goubault, Eric; Haucourt, Emmanuel; Mimram, Samuel; Raussen, Martin: Directed algebraic topology and concurrency. With a foreword by Maurice Herlihy and a preface by Samuel Mimram (2016)
- Garousi, Vahid; Mäntylä, Mika V.: Citations, research topics and active countries in software engineering: a bibliometrics study (2016)
- Jebali, Fatma; Lang, Frédéric; Mateescu, Radu: Formal modelling and verification of GALS systems using GRL and CADP (2016)
- Kirwan, Ryan; Miller, Alice; Porr, Bernd: Model checking learning agent systems using Promela with embedded C code and abstraction (2016)
- Pearce, David J.: A space-efficient algorithm for finding strongly connected components (2016)
- ter Beek, Maurice H.; Fantechi, Alessandro; Gnesi, Stefania; Mazzanti, Franco: Modelling and analysing variability in product families: model checking of modal transition systems with variability constraints (2016)
- Vekris, Dimitris; Lang, Frédéric; Dima, Catalin; Mateescu, Radu: Verification of $\mathrmEB^3$ specifications using CADP (2016)
- Zhang, Nan; Duan, Zhenhua; Tian, Cong: A complete axiom system for propositional projection temporal logic with cylinder computation model (2016)
- Zhang, Nan; Yang, Mengfei; Gu, Bin; Duan, Zhenhua; Tian, Cong: Verifying safety critical task scheduling systems in PPTL axiom system (2016)
- Al-Humaimeedy, Abeer S.; Fernández, Maribel: Enabling synchronous and asynchronous communications in CSP for SOC (2015)
- Bukhari, Syed Ali Asadullah; Lodhi, Faiq Khalid; Hasan, Osman; Shafique, Muhammad; Henkel, Jörg: Formal verification of distributed task migration for thermal management in on-chip multi-core systems using nuXmv (2015)
- Dabaghchian, Maryam; Abdollahi Azgomi, Mohammad: Model checking the observational determinism security property using PROMELA and SPIN (2015)
- Fearnley, John; Peled, Doron; Schewe, Sven: Synthesis of succinct systems (2015)
Further publications can be found at: http://spinroot.com/spin/theory.html


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Camp Kitchen: Meatballs
June 13, 2006
Filed under Camping Recipes, Main Dishes
As the rice cooks and swells, the meatballs will bristle and look like little porcupines. Nestle them in a nest of potato sticks.
• 3 cans, 28 ounces each, diced tomatoes
• Small can diced jalapeno peppers, drained (optional)
• 1 tablespoon minced garlic
• Large onion, diced
• 1 tablespoon seasoned salt
• 3 pounds lean ground beef
• 2/3 cup raw rice
• 3 eggs, lightly beaten
• 1/2 cup Italian-seasoned breadcrumbs
To serve: Sour cream, Potato sticks (French's, Herr's)
In a large kettle bring the tomatoes, jalapenos, garlic, onion and seasoned salt to a boil. Mix the ground beef with the rice, eggs and breadcrumbs. Form into large meatballs of about 1/2 cup each (a self-releasing ice cream scoop makes the job easy) and drop into the boiling tomato mixture. Cover and simmer over low heat 30 to 40 minutes or until the meatballs are firm and done through. Carefully lift out the meatballs, place in freezer bags or containers, then divide the sauce among them. Plan one meatball per serving.
Tips for Freeze-and-Seize Meals.
• Freeze foods in teflon roasting bags or crockpot liners, then lower into boiling water to reheat. Discard the bag and you're left with clean, hot water.
• Double-bag to protect foods in the freezer and prevent messy leaks in the ice chest.
• All of the recipes listed above will last up to two days in your ice chest after they thaw.
• Acid or salty foods can react with aluminum over time. Slip a disposable aluminum casserole into a roasting bag first, fill with food, wrap and freeze. After the bag is discarded, you still have a clean casserole.
• When freezing formless foods such as a bag of soup or chili, place it in a square container while it's still liquid so it freezes in a block. It will store more compactly and stay frozen longer.
• Cool food before freezing, and don't overwhelm the freezer with too much at once. When buying food for the freezer, such as large supplies of meat, have it wrapped and frozen at the market.
• When ground meat is on sale, cook big batches of it with onion, green pepper and celery. Freeze in batches for making soup, stew, chili, spaghetti sauce, taco salad and so on.
• If you have a refrigerator-freezer in your camper, don't treat it like a home freezer. It can't get as cold and can't recover as fast when new foods are added.
• For safety's sake, thaw foods in the refrigerator or ice chest, not on the countertop.
• To keep cold foods cold longer, pre-chill the ice chest with ice, drain, and add fresh ice when you add foods. Mechanical refrigerators should be lit the night before you leave.
• Freeze homemade waffles or pancakes in boilable bags and immerse to heat through. Serve with syrup for breakfast or as a base for creamed chicken.
• Freeze rolls of cookie dough and bake fresh cookies every day of your camp-out.
• Freeze a supply of sandwiches to last three or four days into your trip. Best bets are cheeses, cooked meats, peanut butter and jelly or mashed beans with well-drained salsa. Don't make sandwiches with cream cheese, mayo, sprouts or any fresh vegetables. If you like, they can be added just before serving.


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New Jersey Supreme Court
Decided: November 23, 1971.
TRAP ROCK INDUSTRIES, INC., A NEW JERSEY CORPORATION, RESPONDENT,v.JOHN C. KOHL, COMMISSIONER OF TRANSPORTATION, AND JAMES R. SCHUYLER, STATE HIGHWAY ENGINEER, APPELLANTS. CARMEN OTTILIO, T/A V. OTTILIO AND SONS, RESPONDENT, V. JOHN C. KOHL, COMMISSIONER OF TRANSPORTATION, APPELLANT
For reversal -- Chief Justice Weintraub and Justices Jacobs, Francis, Proctor, Schettino and Mountain. For affirmance -- None. The opinion of the Court was delivered by Weintraub, C.J.
[59 NJ Page 476]
The issue before us is whether the State Commissioner of Transportation (herein Commissioner) improperly "suspended" the respondents (herein contractors) from bidding on contracts to be awarded by the Department of Transportation, a principal department of the executive branch of the State government. Both contractors had been "classified" to bid. As will presently appear, a statute provides that prospective bidders shall establish their qualifications prior to bidding rather than after the bids have been received and the low bidder ascertained. In the cases before us, the suspension was based upon the fact that indictments had been returned charging criminal offenses, without proof before the Commissioner affirmatively establishing the criminal allegations. In both cases the contractors declined an opportunity to present evidence concerning the truth of the criminal charges. The Appellate Division held the suspensions were illegal because of the absence of competent evidence establishing the commission of the alleged offenses. Trap Rock Industries, Inc. v. Kohl, 115 N.J. Super. 278 (App. Div. 1971); Ottilio v. Kohl (not reported). We granted the Commissioner's petitions for certification. 59 N.J. 239 (1971).
As to respondent Trap Rock Industries (herein Trap Rock), the indictment ran against Michael J. Stavola. He owns 80% of the stock of Trap Rock and is its president and chairman of its board of directors. The indictment charged that Stavola conspired with another to bribe and offered a bribe of $5,000 to a member of the New Jersey State Police to intercede improperly on Stavola's behalf with respect to still another indictment charging Stavola with assault and battery upon a police officer and with obstructing the officer in the performance of his duties. Upon learning of the bribery indictment, the Commissioner gave
[59 NJ Page 477]
notice to Trap Rock that this criminal charge would, in the Commissioner's opinion, affect the "responsibility" of Trap Rock; that Trap Rock's "classification" was thereby "suspended"; and that Trap Rock was given "an opportunity to be heard on this action" within the ensuing ten days. At the hearing the indictment was placed in evidence. Trap Rock noted Stavola's plea of not guilty to the indictment but declined to offer any testimony as to the criminal charges. Trap Rock also declined to consent to the examination of the transcript of the grand jury testimony.
Prior to the Commissioner's action, Trap Rock had bid on a job. Subsequently it developed that Trap Rock was the low bidder for that contract. The Commissioner refused to award the contract to Trap Rock. The Appellate Division's judgment would have required the award to be made to Trap Rock. We granted a stay of an award pending the disposition of this appeal.
Respondent Carmen Ottilio is the sole owner of the business he conducts under a trade name, V. Ottilio and Sons. The indictment in his case was returned in the United States District Court for the District of New Jersey. Nine counts charged Ottilio with offering substantial bribes to a special agent of the Intelligence Division, United States Internal Revenue Service, and also with filing false income tax returns, again involving substantial sums of money. As in the case of Trap Rock, the Commissioner notified Ottilio that there were developments since his classification to bid which would affect Ottilio's responsibility and would authorize the voiding of such classification; that his classification was "suspended," and that an opportunity would be afforded him to be heard on that action. Again, as in the case of Trap Rock, the indictment was introduced into evidence and Ottilio declined to go beyond noting his plea of not guilty in the federal court. Ottilio waived any objection to the Commissioner's examination of the grand jury minutes, but, we gather, the federal authorities would not make them available.
[59 NJ Page 478]
The contractors contend the Commissioner's actions violate the provisions of the Administrative Procedure Act and deny due process because (1) the Commissioner did not adopt rules delineating the misdeeds which would disqualify a bidder, and (2) their classifications were suspended on the basis of an indictment alone, without independent proof of the truth of the criminal charges.
These cases do not involve the right to engage in business. The contractors are free to do business with anyone willing to deal with them. The question is whether the State must do business with them despite the Commissioner's view that the public interest would be disserved by doing so. And the question is not whether the Commissioner may bar Trap Rock or Ottilio permanently upon the record in these matters, for the Commissioner went no further than temporarily to suspend their opportunity to seek the business of the Department of Transportation pending a showing that the State's interest would be served by doing business with them notwithstanding the criminal charges.
We start with the premise expressed in Perkins v. Lukens Steel Co., 310 U.S. 113, 127, 60 S. Ct. 869, 84 L. Ed. 1108, 1114-1115 (1940), that "Like private individuals and businesses, the Government enjoys the unrestricted power to produce its own supplies, to determine those with whom it will deal, and to fix the terms and conditions upon which it will make needed purchases." The State need not resort to competitive bidding. Cf. Lehigh Construction Co. v. Housing Authority of the City of Orange, 56 N.J. 447 (1970); Rutgers, the State University v. Kugler, 110 N.J. Super. 424 (Law Div. 1970), affirmed o.b., 58 N.J. 113 (1971). And if the Legislature chooses to direct competitive bidding, it need not mandate an award to the "lowest" responsible bidder but rather may vest in its agent the discretion to accept the bid of "that responsible bidder whose bid, conforming to
[59 NJ Page 479]
the invitation for bids, will be most advantageous to the State, price and other factors considered," as the statute provided in Commercial Cleaning Corp. v. Sullivan, 47 N.J. 539, 548 (1966).
That the State may decide how to procure its needs does not mean that, having chosen a course, the State may pursue it with the abandon of a private consumer. When the State acts, certain restraints attach. So, as frequently noted, the State could not select its suppliers on the basis of religious, racial or ethnic attributes. See Garden State Dairies of Vineland, Inc. v. Sills, 46 N.J. 349, 355 (1966), same case, 53 N.J. 71 (1968); cf. Burlington County Evergreen Park Mental Hospital v. Cooper, 56 N.J. 579, 583-584 (1970). Nonetheless the purpose of a procurement program is not to advance the interest of those who want the State's business. On the contrary, the purpose is to serve the State's interest as purchaser.
The purpose of competitive bidding statutes "is to secure competition and to guard against favoritism, improvidence, extravagance and corruption. Statutes directed toward these ends are for the benefit of the taxpayers and not the bidders; they should be construed with sole reference to the public good * * *." Hillside Township, Union County v. Sternin, 25 N.J. 317, 322 (1957).
It, of course, serves the public interest to permit suits to enforce the policy of these statutes. To that end, a taxpayer may sue. So, too, may a bidder who claims to be entitled to the award. And to the same end, the low bidder is entitled to be heard by the public authority before his bid is rejected. Commercial Cleaning Corp. v. Sullivan, supra, 47 N.J. at 550; Arthur Venneri Co. v. Paterson Housing Authority, 29 N.J. 392, 402 (1959); Paterson Contracting Co. v. Hackensack, 99 N.J.L. 260, 261 (E. & A. 1923); J. Turco Paving Contractor, Inc. v. City Council of Orange, 89 N.J. Super. 93, 98-99 (App. Div. 1965); Sellitto v. Cedar Grove, 132 N.J.L. 29, 32 (Sup. Ct. 1944). The low bidder is sometimes said to have acquired a "status."
[59 NJ Page 480]
That he has an interest of some character which will support a claim to be heard cannot be questioned. The point to be stressed is that the interest, whatever its dimensions, is conferred upon him to the end that the public will obtain all that is due it in the procurement process, rather than for his individual aggrandizement. As was said in Arthur Venneri Co., supra, 29 N.J. at 402-03, "The requirement of a hearing derives from the basic policy of the bidding laws, i.e., the encouragement of competition, which in turn works to protect the public coffers and prevent chicanery and fraud in public office."
We noted earlier that Trap Rock and Ottilio were "prequalified" for bidding. Under some competitive bidding statutes, the bidder's qualifications are determined after bids are received and the low bidder thus ascertained. There are, however, some situations in which the Legislature has decided that the public interest would be furthered by classifying prospective bidders in advance of bidding. One such statute, N.J.S.A. 27:7-35.1 to 35.12, applies to the Department of Transportation and is here involved. In brief, section 35.2 requires that all persons who propose to bid on highway work "shall first be classified by the department as to the character and amount of work on which they shall be qualified to submit bids." Section 35.3 requires a sworn statement in response to a questionnaire prepared by the department which "shall develop fully the financial ability, adequacy of plant and equipment, organization and prior experience of the prospective bidder, and also such other pertinent and material facts as may be deemed desirable." Section 35.6 provides that a dissatisfied applicant "may request in writing a hearing before the prequalification committee." Section 35.8 reads:
Nothing contained in this act shall be construed as depriving the State Highway Commissioner*fn1 of the right to reject a bidder at any
[59 NJ Page 481]
time prior to the actual award of a contract, where there have been developments subsequent to the classification of such bidder, which in the opinion of the commissioner would affect the responsibility of the bidder. Before taking final action on any such bid, the commissioner shall notify the bidder and give him an opportunity to present any additional information which might tend to substantiate the existing classification.
We find nothing in this statute to evidence a legislative departure from the basic principle that bidding statutes are intended for the benefit of the taxpayer rather than the bidder or prospective bidder. The statute simply provides, so far as feasible, for a determination of qualification before bidding rather than after the bids are in. The opportunity for hearing afforded by this statute merely parallels the right to hearing after the bids are in which the more conventional bidding statutes contemplate. We find no purpose to vest in a preclassified bidder any "right" which derogates the primary right of the State through its Department of Transportation to do business, in the words of N.J.S.A. 27:7-30, with "the lowest responsible bidder." (Emphasis ours.)
Thus, the bidder's "rights" remain subordinate to the primary interest of the State as a consumer. We must give ultimate regard to the State's welfare. Trap Rock and Ottilio cannot be accorded any "right" which would subvert the primary objective of the statute, that the State do business with a "responsible" bidder. With this in view, we turn to the propositions they advance.
It is settled that the legislative mandate that a bidder be "responsible" embraces moral integrity just as surely as it embraces a capacity to supply labor and materials. Arthur Venneri Co. v. Paterson Housing Authority, supra, 29 N.J. at 403; Mal-Bros. Contracting Co. v. Kohl, 113 N.J. Super. 144, 147 (App. Div. 1971), certif. denied, 58 N.J. 94 (1971); Kayfield Construction Corp. v. Morris, 15 A.D. 373,
[59 NJ Page 482]
225 N.Y.S. 2 d 507, 514 (1st Dept. 1962); 43 Am. Jur., Public Works and Contracts, § 42, pp. 784-85. The relevancy of moral responsibility is evident. It heads off the risk of collusive bidding. It assures honest performance. It meets the citizen's expectation that his government will do business only with men of integrity. The question then is whether under the circumstances of these cases the Commissioner could reasonably believe it was not in the best interest of government to deal with these contractors until the criminal allegations were resolved in some manner. Cf. Arthur Venneri Co., supra, 29 N.J. at 402.
We need hardly labor the point that the charges of bribery contained in the indictments would, if established, reveal a lack of moral responsibility for doing business with the State. That the charges do not relate to the performance of a government contract is of no moment; it could not be supposed that a man who would bribe law enforcement officers would bribe no one else.
Nor, as to Trap Rock, does it matter that the indictment runs against Stavola individually and not the corporate entity. Trap Rock urges there is no basis to "pierce the corporate veil." The concept is not relevant. There is no veil to pierce. A corporation, as such, has no moral character. The moral responsibility of a corporation is one and the same with the moral responsibility of the individuals who give it direction. See Metropolitan Motors v. State, 39 N.J. Super. 208 (App. Div. 1956); D.B.M. Amusement Corp. v. Thourot, 29 N.J. Super. 462 (App. Div. 1954), certif. denied, 15 N.J. 382 (1954); George Campbell Painting Corp. v. Reid, 20 N.Y. 2 d 370, 283 N.Y.S. 2 d 31, 229 N.E. 2 d 602 (Ct. App. 1967), affirmed, 392 U.S. 286, 88 S. Ct. 1978, 20 L. Ed. 2 d 1094 (1968); Benson Parking Corp. v. O'Connell, 31 Misc. 2d 1037, 220 N.Y.S. 2 d 1010 (Sup. Ct. 1961). And Trap Rock cannot escape identification with Stavola upon the assertion that others handle its day-to-day operations, for Stavola owns 80% of the capital stock and is president and chairman of the board of directors. [59 NJ Page 483] The contractors contend the Commissioner was required by statute to specify in rules the factual patterns which spell out a lack of moral responsibility. We find no such mandate. Neither N.J.S.A. 27:7-35.11 of the preclassification statute, which authorizes the Commissioner to establish "such reasonable regulations as he may deem appropriate for controlling the qualifications of prospective bidders," nor N.J.S.A. 52:14B-3 of the Administrative Procedure Act, which requires each agency to adopt certain rules,*fn2 can be read expressly to call for a definition of moral responsibility. There are good reasons not to find that requirement by implication. One is that the Legislature could hardly have intended its demand for moral responsibility to lie inert until activated by an administrative rule. Another is that since moral responsibility is common to bidding statutes, it is unlikely the Legislature wanted each agency to assay its own definition. Further the subject defies a cataloguing of all conceivable factual patterns which reveal a moral deficiency. Finally, no such detailed exposition is needed. Good moral character is demanded in sundry situations without a brochure upon the topic. The standard draws specificity from each setting. So here, the nature of the subject, i.e., doing business with the State as a supplier in its procurement program, itself supplies sufficient concreteness to the concept of moral integrity. The demand is for a party who will compete honestly, and will perform honestly, and whose record does not suggest to the public a lack of that essential
[59 NJ Page 484]
integrity. Hence, the standard is adequate; indeed "it is difficult to conceive of a standard which would be both more precise and equally workable." Elizabeth Federal S. & L. Assn. v. Howell, 30 N.J. 190, 194 (1959).
The contractors rely heavily upon Gonzalez v. Freeman, 118 U.S. App. D.C. 180, 334 F.2d 570 (1964). There it was held that the Federal Administrative Procedure Act required the agency to spell out the misdeeds which would entail debarment of a licensee to participate in certain transactions under the auspices of the Commodity Credit Corporation. There are differences which distinguish that case from ours.
Gonzalez does not clearly reveal the nature of the relationship between the Gonzalez corporation and the federal agency. The specific charge was that Gonzalez misused official inspection certificates in the resale in Brazil of surplus beans bought from the Commodity Credit Corporation. The misuse of the certificate resulted in misrepresentation of the condition of the commodity. One of the Gonzalezes was indicted and pled guilty to a lesser offense which involved substantially the same factual charge. It is clear that the case did not involve a procurement program designed to meet the government's own needs as purchaser. Rather the immediate transactions apparently related to the purchase from the government of commodities the government had acquired, as part of a composite program designed for the stabilization, support and protection of farm income and prices, the maintenance of balanced and adequate supplies of agricultural commodities, and the development of foreign markets for such commodities. 15 U.S.C.A. §§ 714 and 714c(f). We gather that the debarment of the Gonzalez corporation would have ended its business of reselling surplus commodities in other countries.
Thus Gonzalez did not involve the question whether the federal government would be compelled to procure its needs from morally unfit suppliers unless the manifold ingredients of the unfitness syndrome were anticipated in some detailed fashion. At most Gonzalez involved the sale of a commodity
[59 NJ Page 485]
by the government and its resale elsewhere. More importantly, Gonzalez was not debarred on an allegation that he lacked relevant moral responsibility to do business with government. Rather the court there dealt with the case on the premise that debarment was based exclusively upon the doing of a specific act, the misuse of an inspection certificate, and hence Gonzalez stands for the view that if a specific act is itself to be sufficient grounds for debarment, the agency should prohibit the act by rule and announce that a violation could itself lead to such consequences. We do not read Gonzalez to mean that the moral responsibility which government demands of those who would like to supply its needs must be defined in terms of detailed acts or omissions, failing which government must accept a bidder, however lacking he may be in integrity. Indeed, Gonzalez found it implicit that dishonesty would justify debarment, 334 F.2d at 576-577. It would seem incongruous to say that although honesty is so vital that it is an implied requisite, a lack of it will not be a bar unless an administrator states in advance what acts or omissions cannot be reconciled with that trait.
We should add that if we read our statute to contemplate that the Commissioner must adopt a rule spelling out the sundry acts or omissions which could lead to a finding that moral responsibility was lacking, we could not say the Legislature intended that the Commissioner's failure to do so would require a contract to be made with someone morally unfit for the State's business. The purpose of the bidding statute being to guard the State's interest rather than to advance a bidder's, that result would defeat the very purpose of the enactment.
Defendants say that if the statute is not read to require an itemization of acts and omissions which will support a finding of a lack of moral responsibility, there is a denial of due procses of law. We are satisfied that due process does not require that the State, in its role as a purchaser, must thus canalize the discretionary power of its
[59 NJ Page 486]
agents to protect the public interest in this area, and indeed at the pain of being compelled to contract for its needs with a bidder who is unfit. In this setting, the requirement of moral responsibility, as spelled out in judicial decisions, is constitutionally sufficient. It denies nothing that is due one who would like to compete for the State's business. A would-be bidder could hardly say he became morally irresponsible because no one defined the term for him. Nor does the standard invite or permit the kind of invidious treatment which we mentioned above in discussing possible limitations upon the doctrine of Perkins v. Lukens Steel Co., supra, 310 U.S. 113, 60 S. Ct. 869, 84 L. Ed. 1108, that government, like private individuals and businesses, "enjoys the unrestricted power * * * to determine those with whom it will deal."
The contractors next contend the hearing accorded them did not comport with the Administrative Procedure Act. More precisely, they say that when they were classified for future bidding, they acquired a "license" within the meaning of N.J.S.A. 52:14B-2(f) which defines the word*fn3 and therefore they are protected by N.J.S.A. 52:14B-11 which provides that no agency shall revoke or refuse to renew a license unless the agency "has first afforded the licensee an opportunity for hearing in conformity with the provisions of this act applicable to contested cases"; that the hearing here involved did not meet the demands of N.J.S.A. 52:14B-10, which deals with hearings in "contested cases"; and that an indictment, not being proof of its own allegations, cannot itself sustain a revocation.
The contractors point out that it was held in Mal-Bros. Contracting Co. v. Kohl, supra, 113 N.J. Super. at
[59 NJ Page 487]
147, that the Administrative Procedure Act applied to the debarment of a bidder by the Commissioner. We accept that proposition provided it is kept in mind in applying the statute that the so-called "license" exists to further the State's interest as a purchaser rather than to vest in the bidder some right at the expense of that public interest. Expressed another way, the Administrative Procedure Act should not be read to deny to a purchasing agency the procedural latitude necessary to protect the public interest which the bidding process was intended to secure. We repeat that we are not dealing with a license to engage in a contracting business. The contractors are free to do business with anyone willing to deal with them. The claimed right here is to compel the State to do business with them.
And the question before us is not whether an indictment may support a final order debarring a bidder. Unlike Mal-Bros., supra, the present proceeding did not seek that final result. The purpose here was to suspend, pending resolution of the criminal charges.
An indictment of course is not proof of its own allegations in the criminal trial itself, see State v. Orecchio, 16 N.J. 125 (1954). In the criminal trial, the indictment is the very charge to be made out, and it would deny the accused's right of confrontation to give the indictment any evidential value whatever. But this is not to say that an indictment is nothing at all, even within the criminal process. The indictment will suffice to warrant the arrest of the accused and to hold him to or even without bail. For an indictment, far from being a mere allegation, constitutes a finding by a grand jury that a basis exists for subjecting the accused to a trial, with the intermediate restraints upon his freedom we just mentioned.
Under our practice the grand jury is instructed:
An indictment, State or federal, is hardly a neutral fact for all purposes. In the area of our present concern, it cannot be said that an indictment has no meaning. On the contrary, the indictment means that a basis exists to believe the charge if the evidence on hand is not explained or contradicted. And if the charge against the contractor is true, his lack of responsibility is a present fact. A conviction thereafter will merely evidence that the disqualifying attribute did exist.
The question is whether the Legislature intended the State's agency to enter into contracts with a would-be contractor in the face of a grand jury's finding that there is a prima facie basis for a belief that the contractor is presently unfit for the job. We are satisfied the Legislature did not intend that course. The alternatives then are but two -- a suspension pending the resolution of the criminal charge or an immediate trial by the agency itself of that charge. To require the agency to try the criminal charge would not be appropriate. The evidence might not be available to the agency, and if it were, the right to a fair trial in the criminal case might be infringed by the prior trial and decision in the administrative hearing. The remaining
[59 NJ Page 489]
course is the one pursued here, of immediately suspending the bidder's classification, coupled with an opportunity to the bidder to come forward, if he can, with any showing from which the agency could find it would not disserve the public interest to contract with him notwithstanding the grand jury's finding of a prima facie basis for the disabling criminal charge.
We have consistently recognized an implied power in the State and its subdivisions to suspend its employees or officers pending disposition of indictments or other charges where the public interest so requires. Russo v. Walsh, 18 N.J. 205, 212 (1955); De Marco v. Board of Chosen Freeholders of Bergen County, 21 N.J. 136, 139, 145 (1956); Winne v. Bergen County, 21 N.J. 311 (1956); Romanowski v. Board of Education, 89 N.J. Super. 38, 40-41 (App. Div. 1965). The same public interest should justify a refusal to engage a contractor pending resolution of a criminal charge which, if true, would disqualify. Nor does it improve the contractors' position to say the preclassification procedure described above constitutes them "licensees," for the license is no more than a license to seek contractual relations with the State.
Indeed, even with respect to licenses to engage in a business or activity, it is generally said to be implicit that a suspension may be ordered pending investigation when the public interest so requires. Davis, Administrative Law Treatise (1958), § 7.08, pp. 438-444, 1970 Supp. § 7.08, pp. 331-333; Gellhorn & Byse, Administrative Law (4th ed. 1960); pp. 764-767; see Bechler v. Parsekian, 36 N.J. 242 (1961). The fact of an indictment for crime has been held an adequate basis for an immediate suspension, Halsey Stuart & Co. v. Public Service Commission, 212 Wis. 184, 248 N.W. 458 (1933), and for the rejection of a low bid for public work, Zara Contracting Co. v. Cohen, 23 A.D. 2d 718, 257 N.Y.S. 2 d 118 (3d Dept. 1965). In Gonzalez v. Freeman, supra, 334 F.2d 570, upon which the contractors rely heavily in other respects, the licensee did not challenge
[59 NJ Page 490]
the power of the Secretary of Agriculture to suspend the license temporarily even in advance of an indictment (pp. 573, 579). What was there under attack was a final order in a debarment proceeding.
The classification statute itself recognizes a power to reopen the subject of a contractor's qualification on the basis of new information. N.J.S.A. 27:7-35.8 provides:
Nothing contained in this act shall be construed as depriving the State Highway Commissioner [now Commissioner of Transportation] of the right to reject a bidder at any time prior to the actual award of a contract, where there have been developments subsequent to the classification of such bidder, which in the opinion of the commissioner would affect the responsibility of the bidder. Before taking final action on any such bid, the commissioner shall notify the bidder and give him an opportunity to present any additional information which might tend to substantiate the existing classification.
The Administrative Procedure Act does not negate that power. N.J.S.A. 52:14B-11 of that act reads in part:
Thus, granted that the classification to bid conferred a "license" to do business with the State, the Administrative Procedure Act did not bar the Commissioner's temporary suspension.
For these reasons we cannot say the Commissioner acted unreasonably when he suspended the classifications for bidding on the basis of the indictments. It was appropriate, and sufficient, to offer the contractors an opportunity to explain away the criminal charges to obviate the temporary suspension. There, of course, is a right to a further hearing with respect to debarment. It is only a temporary suspension that is before us, and it is as to that action that we find the proffered hearing was appropriate and sufficient.
[59 NJ Page 491]
The contractors point out that if they are ultimately vindicated, they will be unable to recoup profits they might have made under contracts with the State,*fn4 and add that in fact they have heretofore relied heavily upon public work. We are mindful that such losses cannot be recovered, but the bidding structure, we repeat, is for the benefit of the public, and we see no basis for differentiation among prospective bidders on the basis of the volume of their public contracts. The economic problem must remain theirs. It lies with them to do what they can to alleviate their situations. They might on that account accept the opportunity offered by the Commissioner to explain away the criminal charges, or they might decide to press for a prompt trial of the indictments. But we see no sound basis to compel the State to do business with a person when his responsibility is thus questioned by an indictment.
The contractors say that a temporary suspension, even if consistent with our statutes, nonetheless offends due process of law. We think the considerations already discussed dispel a claim of fundamental unfairness. We are not referred to any case holding the other way.
The power of government to debar a bidder pending a later hearing was recognized in Goldberg v. Kelly, 397 U.S. 254, 90 S. Ct. 1011, 25 L. Ed. 2 d 287 (1970). There five members of the Court held that welfare recipients could not be removed from the rolls until after an appropriate hearing with respect to their continued eligibility to receive aid. The majority, however, recognized that "some governmental benefits may be administratively terminated without affording the recipient a pre-termination evidentiary hearing." 397 U.S. at 263, 90 S. Ct. at 1018, 25 L. Ed. 2 d at 296. In footnote 10 at the page just cited, the majority noted that
[59 NJ Page 492]
in R.A. Holman & Co. v. SEC, 112 U.S. App. D.C. 43, 299 F.2d 127, 131 (1962), cert. denied, 370 U.S. 911, 82 S. Ct. 1257, 8 L. Ed. 2 d 404 (1962), the Court of Appeals said that "In a wide variety of situations, it has long been recognized that where harm to the public is threatened, and the private interest infringed is reasonably deemed to be of less importance, an official body can take summary action pending a later hearing." As an "example," footnote 10 cites "Gonzalez v. Freeman, 118 U.S. App. D.C. 180, 334 F.2d 570 (1964) (disqualification of a contractor to do business with the Government)." The reference, of course, is to the Gonzalez case we have already discussed. In holding that a pretermination hearing was required as to continued welfare eligibility, the majority in Goldberg v. Kelly stressed the extreme need of the individual and found that important governmental interests were concurrently advanced by such a pretermination hearing. In discussing the essential needs of the welfare recipient, the majority noted that that "factor" was "not present in the case of the blacklisted government contractor, the discharged government employee, the taxpayer denied a tax exemption, or virtually anyone else whose governmental entitlements are ended." 397 U.S. at 264, 90 S. Ct. at 1018, 25 L. Ed. 2 d at 297. These observations support our view that there is no serious basis for a due process claim in the cases before us.
One matter remains. It will be recalled that after the suspension Trap Rock was found to be low bidder on bids theretofore submitted. The question is whether a distinction can be drawn between the right of Trap Rock to bid and its right to receive an award under bids already in. We see no basis for a distinction. The public interest in the State's contracts is no less demanding because bids have been submitted. N.J.S.A. 27:7-35.8 expressly contemplates rejection of a bid on the basis of developments after prequalification. It follows that in such circumstances the procuring authority, after giving the low bidder such opportunity
[59 NJ Page 493]
to dissipate the impact of the indictment as the public need will permit, may, upon the low bidder's failure to do so, make an award to the next low bidder.
The judgments of the Appellate Division are reversed, and the actions of the Commissioner are affirmed, without prejudice, of course, to the right of the contractors to a hearing with respect to final debarment when such a hearing becomes feasible.
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November 14, 2011
MARK LETELL ADAMSPLAINTIFF,v.SUBPOENA RONALD ALBERTSON, ET AL.,DEFENDANTS.
ORDER RE SAN CARLOS ELEMENTARY SCHOOL DISTRICT Docket No. 127
The Court is in receipt of a letter from the San Carlos Elementary School District regarding a documents for the District on November 18, 2011. Dkt. No. 127. Upon review of the District's 15 letter, the Court hereby ORDERS as follows: D 16 1) The District and Mark Adams shall meet and confer in person by November 28,
Deposition notice served on it by Plaintiff Mark Adams, noticing deposition and production of
2011. The District shall provide Mr. Adams with three available dates and times for
18 the meet and confer by November 15, 2011, and Mr. Adams shall thereafter confirm 19 his availability for one of the three dates by November 17, 2011. The parties shall
20 meet and confer and then file a joint letter in compliance with the undersigned's 21 discovery standing order. 22 2) The District need not comply with the November 18, 2011 production date. If the 23 Court later finds that the District must comply with Plaintiff's subpoena, it shall set a 24 new deadline. 25
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To celebrate the home video release of Immortals on March 6th, Twentieth Century Fox Home Entertainment and America's Blood Centers have organized blood drives at 30 select universities across the country which started this week and continue through March 9th.
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Site/Station General Manager - 3PL Company based in Chengdu
Bullet points
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Our client is a foreign logistics company providing domestic transportation and warehouse services with mainly FMCG customers. This role is newly created with their new hub built-up in Chengdu. He or she will be leading over 100 people on site and support business growth in Southwest China region.
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To ensure all members of the Site Management team are aware and understand the objectives and strategies of their respective departments. This includes safety customer service and cost to serve as key components.
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