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095-16 - South Kitsap Fire and Rescue - ContractReturn Address: City Clerk City of Port Orchard 216 Prospect Street PORT ORCHARD CITY OF 201612230155 Port Orchard, WA 98366 Agreement Reo Fee: $ 84.00 12/23/2016 11:42 AM Page: 1 of 12 Dolores Gilmore, Kitsap Co Auditor 11111III Iltill III 11111 IIII IIIIIII 11111I IIII 1111 IIIII Iilll Il11111 III I1111 IIIII IIIII IIIII IIII IN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ORCHARD AND KITSAP COUNTY FIRE PROTECTION DISTRICT NO. 7 (SOUTH KITSAP FIRE AND RESCUE) REGARDING FIRE PREVENTION DUTIES AND RESPONSIBILITIES Contract No. 095-16 THIS AGREEMENT ("Agreement") is entered into between the City of Port Orchard ("the City) and Kitsap County Fire Protection District No. 7, South Kitsap Fire and Rescue ("the District") under the authority of the Interlocal Cooperation Act, RCW 39.34. WHEREAS, the City annexed to the District in 2001; and WHEREAS, since the time of the annexation, the City and the District have worked together pursuant to the terms of an interlocal agreement, dated May 29, 2002, under which the responsibilities of the parties for fire prevention activities was clearly delineated ("2002 Interlocal Agreement"); and WHEREAS, the 2002 Interlocal Agreement between the parties is in need of updating due to substantial changes in the levels of service required to be provided by the District as well as substantial boundary changes that have increased the service areas of the parties, and the parties have had ongoing discussions concerning their responsibilities for fire prevention activities; and WHEREAS, the District currently employs personnel dedicated to meeting the City's obligations for fire prevention services; and WHEREAS, the City has code enforcement authority pursuant to RCW 19.27.050 and fire investigation authority under RCW 43.44.050; and WHEREAS, the District has resources to conduct fire code safety inspections and conduct fire investigations to determine the origin and cause of fires within the City pursuant to RCW 52.12.031(7) and RCW 43.44.050; and WHEREAS, the parties have come to a mutual understanding as to their responsibilities and wish to set forth that understanding in writing; NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Purpose of Agreement. The purpose of this agreement is to set forth the mutual understanding of the parties as to their respective fire prevention duties and responsibilities. Page 1 of 11 2. As of January 1, 2017, the 2002 Interlocal Agreement, and any other agreement(s) purporting to apply to the performance of fire protection and prevention services for the City by the District, are terminated and shall have no further force or effect. 3. Fire Prevention Duties and Responsibilities. The parties agree that the City and the District will be responsible for providing the services listed below in the manner indicated. 3.1. Fire Personnel. 3.1.1. The District will provide personnel to give technical and operational comment, enforcement recommendations, and guidance for building systems, review of fire code, access/egress, or International Fire Code (IFC) related to fire and life safety issues. 3.1.2. The District agrees to maintain personnel assigned to the duties under this agreement, at the appropriate level of industry certification, who are capable of reading, understanding, applying and communicating relevant Fire code. This shall include providing alternative staff during absences and support staff for inspections and testing if additional assistance is required. 3.2. The District will provide accurate review, inspection and testing in compliance with IFC, applicable standards, city and state code. 3.3. Plan Review of permit applications for which the District performs application review and issues a recommendation to the City. The District will perform plan reviews in accordance with the currently adopted edition of the International Fire Code (unless the applicant is vested to a previous edition) when requested by the City as plans are submitted to the City as follows: 3.3.1. License Application Review: The District will review applications for city licenses for compliance with Fire Codes and to ensure health, safety, and the general welfare of the residents of Port Orchard, and will provide recommendations to approve, approve with conditions or deny license applications. Such licenses could be a business license, liquor license, or other license required by the City. When conditions for approval or denial are recommended, the District shall provide written findings in support of that recommendation or code citations to support the imposition of the condition. 3.3.2. Site Development Plan Review: The District will review applications for site development permits for compliance with Fire Codes and to ensure health, safety, and the general welfare of the residents of Port Orchard, and will provide recommendations to approve, approve with conditions or deny permit applications. When conditions for approval or denial are recommended, the District shall provide written findings in support of that recommendation or code citations to support the imposition of the condition. Page 2 of 11 3.3.3. Land Use Permit Application Review: The District will review applications for land use permits for compliance with Fire Codes and to ensure health, safety, and the general welfare of the residents of Port Orchard, and will provide recommendations to approve, approve with conditions or deny permit applications. When conditions for approval or denial are recommended, the District shall provide written findings in support of that recommendation or code citations to support the imposition of the condition. 3.3.4. Construction Permit Application Review: The District will review applications for construction permits for compliance with Fire Codes and to ensure health, safety, and the general welfare of the residents of Port Orchard, and will provide recommendations to approve, approve with conditions or deny permit applications. When conditions for approval or denial are recommended, the District shall provide written findings in support of that recommendation or code citations to support the imposition of the condition. 3.3.5. Occupancy Permit Application Review: The District will review applications for occupancy permits for compliance with Fire Codes and to ensure health, safety, and the general welfare of the residents of Port Orchard and will provide recommendations to approve, approve with conditions or deny permit applications. When conditions for approval or denial are recommended, the District shall provide written findings in support of that recommendation or code citations to support the imposition of the condition. 3.4. Fire Code Permits for permit applications that the city processes but that the District provides all review, approval/denial, inspection, testing, and closing of the permit upon completion of work. The District will review and issue decisions on Fire Code Permits as follows: 3.4.1. The District will perform Fire Code Permit Plan Review (Permits for which the Fire District reviews, approves (or denies), inspects, and closes) on all projects other than buildings exceeding 10,000 square feet and/or project which require a fire pump or multiple sprinkler risers. An exception to the above mentioned square footage limitations will be granted for multi- family residential with 13R systems for low rise residential units. 3.4.1.1. The District will issue permits for outdoor burning and fireworks related activities per their adopted procedures and rules governing these activities. Possible fees for this service will be determined and collected by the District based on the complexity of the application and inspection process. The District will provide findings of fact and citations of code requirements for any decision to condition or deny a fire code permit. Page 3 of 11 3.4.1.2. Fire Code Inspections and Testing (on site services). Once notified by the city or contractor, the District will normally complete inspection requests within 2 days of the request. 3.4.1.3. Final Inspection: The District agrees to sign off on all permits when work is complete and all conditions of permit issuance have been satisfied, including submittal of any required as-builts, reports, certification letters, etc. 3.5. Plan Review Timelines. In addition to the timelines set forth below, the District shall abide by all applicable timelines required under State law. 3.5.1. Plan Review. The District shall complete plan review as described under section 3.3 within 30 days of receiving application materials from the City. In the event of an incomplete application or an application that is missing required information, the District shall notify the City of an incomplete application or deficient application within fourteen (14) days of the date that the application was submitted to the City. 3.5.2. Fire Code Permits. The District shall issue a decision on fire code permits as described under section 3.4 within 30 days of receiving application materials from the City. In the event of an incomplete application or an application that is missing required information, the District shall notify the applicant of an incomplete application or deficient application within fourteen (14) days of the date that the application was submitted to the District. 3.5.3. City Transmission of materials: The City will transmit all Fire Code Plan Review requests and Fire Code Permit applications within three (3) days of receipt. 3.6. New Construction Fire Inspections, not previously mentioned when required by the Fire Code(s), Municipal Code, or other applicable law. 3.6.1. Inspections shall be scheduled through the City Department of Community Development. 3.6.2. The District and the City will strive to coordinate the fire inspections with the schedule of the building inspector. 3.6.3. Fire Inspections requests shall be requested two (2) days in advance. 3.6.4. The District shall identify a backup inspector during absences of the primary inspector. 3.6.5. The District shall follow the checklist for Fire Code Compliance as provided by the City. 3.6.6. The District shall coordinate with the City that all other related Fire Code permits are closed prior to Certificate of Occupancy. Page 4 of 11 3.7. Meeting and Hearing Attendance. The District shall send a representative to the following meetings and hearings when requested at least five (5) days in advance: 3.7.1. Pre -application Meetings. 3.7.2. Land Use Hearings. 3.7.3. Pre -Construction Meetings. 3.8. Site Visits. The District shall provide a representative for on project site visits when requested at least 5 days in advance. 3.9. Annual Fire Safety Inspections (District): The parties agree that fire safety inspections will be conducted at the minimum of annually, on all commercial occupancies within the city and will use the IFC as the guideline for regulations. 3.10. Fire Safety Re -Inspections (District): The parties agree that fire safety re - inspections will be conducted as needed and will use the IFC as the guideline for regulations. 3.11. Fire Code Enforcement (District and City): The District will notify in writing the City of Fire Code violations requiring enforcement within three (3) business days of non-compliance. Once notified by the District, the City is responsible for Fire Code enforcement within the code enforcement area to correct violations through the use of appropriate City code sections. 3.12. Certificate of Occupancy Permits and Temporary Certificate of Occupancy Permits (District and City): The City is responsible for issuing all Certificate of Occupancy permits and Temporary Certificate of Occupancy Permits. The District will inspect, in conjunction with the City, all buildings and approve or deny the fire safety compliance of the permitting process. 3.13. Pre -Fire Plans (District): The District will maintain a Pre -Fire Plan database to be used for emergency response personnel. 3.14. Operational and Technical Review - Construction/Development (District and City): Both parties will provide personnel to attend meetings and give fire and life safety comments to operational review. 3.15. Special Burn Permits (District): The District will issue special burn permits and keep a record of all permits issued within the City boundaries. 3.16. Fire Investigation (District): The District will be responsible for all fire investigations and reporting of investigations to the National Fire Incident Reporting System (NFIRS). The District will be authorized to use the Kitsap County Fire Marshal's Office to conduct investigations. In the event that outside resources are needed (e.g. ATF, FBI, KCSO, etc.) the District will be the point of contact in these circumstances. Page 5 of 11 3.17. Public Fire Safety Education (District): The District will be responsible for all fire related public safety campaigns, messages, and programs. These will include, but not be limited to: juvenile fire setters, fire safety education in public and private schools, public appearances, public CPR training, and smoke detector programs. 3.18. Fire Flow Testing (City): The City will conduct all fire flow testing within the City boundaries. 3.19. Seasonal Fire Hydrant Maintenance (District): The City's Public Works Department will provide annual training to District staff on proper hydrant maintenance and the District agrees to participate in this training with the personnel assigned this detail. 3.20. Public Assistance Requests - Explaining fire codes and application of rules (District): The District will provide personnel to assist the City with fire code questions from the public relating to fire code and enforcement. 3.21. Provide input to the City on fire codes, policy, procedure, rules, and regulations as needed (District): The District will provide input to the City on all items related to the IFC. 3.22. Adopt codes and ordinances related to fire safety (City): The City will consider the input from the District outlined in Section 3.21 when adopting City codes and ordinances related to fire safety. 3.23. Maintain records of fire and life safety activities and data (District and City): The District will maintain records pertaining to fire and life safety inspections. The City will maintain records of building permits, plan reviews, and drawings. All records shall be maintained per records retention rules as issued by the Washington State Archives Office. 3.24. Duties: The duties above establish the parties' mutual understanding of their respective fire prevention duties and responsibilities. Nothing in the preceding list or in any other provision of this Agreement is intended to establish or acknowledge the existence of any duty or responsibility to any third party to perform any of the activities set forth herein. This agreement creates no rights in third parties. 4. Duration of Agreement. This Agreement shall take effect January 1, 2017 following signature by both parties, and shall continue in full force and effect thereafter for five (5) years, unless or until terminated as provided in Section 5. 5. Termination. Either party may terminate this Agreement at any time by giving the other party sixty (60) days' written notice of the intent to terminate; PROVIDED that the provisions of Paragraphs 6 and 8 shall survive the termination of this Agreement. Page 6 of 11 6. Insurance/Mutual Indemnification. Each party shall carry appropriate liability and property damage insurance to cover any loss occasioned by the negligent actions of the acting party during the performance of any obligation pursuant to this Agreement. Each party also agrees to indemnify, defend and hold harmless the other party and its elected and appointed officials, officers, employees and agents, from and against all claims, losses, damages, suits and expenses, including reasonable attorneys' fees and costs, to the extent they arise out of, or result from, the negligence or willful misconduct of the indemnitor or its elected or appointed officials, officers, employees or agents in the performance of this Agreement. Solely for purposes of this indemnification provision, each party waives the immunity it would otherwise enjoy under RCW Title 51 (Industrial Insurance) and acknowledges that this waiver was mutually negotiated by the parties. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the District and the City, its officers, officials, employees, and volunteers, the City's and/or District's liability hereunder shall be only to the extent of the City's and/or District's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Payment. This Agreement is intended to reflect the parties' mutual understanding of their respective duties and responsibilities for fire prevention services. Due to the District agreeing to provide services not required of them under RCW, the City will compensate the District for these services at a yearly rate of $50,000, with regular, equal payments to be made on a monthly basis. Compensation amounts will be reviewed annually to reflect cost of living changes and increases in the jurisdictional boundaries of the City. 8. Fire Station 31 on Tremont Ave. The parties have previously agreed to certain conditions on the use by the District of the real property known as Fire Station 31, located on Tremont Avenue in Port Orchard, Washington, and described more particularly in Exhibit A, attached hereto (hereinafter "Real Property"), which was conveyed by statutory warranty deed by the City to the District in 2002 with certain conditions subsequent included in the deed. The parties hereby confirm their agreement that, if the District ceases to use the Real Property for District purposes prior to January 2, 2027, the Real Property shall revert back to the City. In that event, the District shall convey the Real Property, and all improvements, back to the City for no consideration via a statutory warranty deed free of any liens or encumbrances created by or as a result of the actions of the District. "District purposes" means that the sole uses are for fire prevention, District administration, medical and/or fire protection services. The reversion of the Real Property shall have not effect on the District's obligation to continue to provide the services set forth in this Agreement. For purposes of the condition subsequent, an attempted sale of the Real Property shall be deemed "ceasing to use" the Real Property for District purposes. Provided, however, if the purpose of the sale is to use the funds to build a new fire station within the city limits of Port Orchard, then the proceeds of such sale may be used for that purpose, and Page 7 of 11 the condition subsequent referenced above shall be recorded against the new fire station property. In addition, the District will allow the use of the Real Property by the public according to the regulations it has established and will establish in the future for the use of District facilities by the public. Provided, there will be no charge to the City for the use of the facility for meetings scheduled. The District shall be solely responsible for adequately insuring the Real Property and all personal property contained therein according to the District's practices and procedures for insuring its real and personal property throughout the remainder of its jurisdictional boundaries. The District shall, at its cost and expense, comply with all applicable and valid laws, ordinances and regulations of Federal, State, County, Municipal or other lawful authority pertaining to its use and occupancy of the Real Property, including those related to environmental requirements and the handling of hazardous waste or materials. The District agrees that it will not dispose of or otherwise allow the release of any hazardous waste or materials in, on or under the Real Property, or any adjacent parcel, or in any improvements placed on the Real Property. The District shall indemnify, defend and hold the City harmless from and against any and all losses, suits, obligations, fines, penalties, judgments, claims, costs, damages and expenses of any kind asserted against the City, including attorneys' fees, response and other associated remedial costs that result from or arise in any way from the District's use of the Real Property. The District's obligations under this section shall survive the expiration or termination of this Agreement. 9. Future McCormick Park Fire Station Site. Until such time as it develops its new fire station on Parcel 052301-4-019-2004, the Fire District authorizes the City to make use of said parcel for purposes related to the development of the McCormick Village Park. In particular, the District will allow the City to use said parcel for all reasonable parking needs, construction activities, grading and other similar uses relating to the construction and use of McCormick Village Park. No consideration will be due from the City to the District for such uses. City shall comply with all applicable and valid laws, ordinances and regulations of Federal, State, County, Municipal or other lawful authority pertaining to its use and occupancy of said parcel. City further agrees that it shall not dispose of or otherwise allow the release of any hazardous waste or materials in, ,on or under said parcel, or any adjacent property, or in any improvements placed on the parcel. The City shall comply, at its cost and expense, with all environmental statutes, regulations, ordinances, and orders, decrees or judgments of any governmental authorities or courts having jurisdiction, relating to the use, collection, treatment, disposal, storage, control, removal or cleanup of hazardous waste or material in, on or under said parcel or any adjacent property or in any improvements placed on the parcel. Page 8 of 11 The City shall indemnify, defend and hold the District harmless from and against any and all losses, suits, obligation, fines, penalties, judgments, claims, costs, damages and expenses asserted against the District by third parties, including attorney's fees, response and other associated remedial costs, diminution of value and all loss and liability related to any and all personal injury, property damage or damage to natural resources arising out of or in any way related to the City's use of the parcel, including, but not limited to, environmental contamination or hazardous substances on or under the parcel or the improvements thereon and to the remediation thereof, and any and all cleanup, correction or any other remedial work with respect to any environmental contaminant which may be present upon the parcel, whether the performance of such work is required by any governmental agency, third party or undertaken pursuant to an order imposed by any court or governmental agency. The City's obligation under this section shall survive the expiration or termination of this Agreement. At a future date when the District develops this parcel for a fire station, or if the City ceases to use the parcel prior to the parcel being used as a fire station, the City's obligations to indemnify the District under this section will cease. 10. No Joint Entity or Property. No joint entity or enterprise is created by this Agreement and no property will be acquired by the parties under this Agreement and each party will retain independent title to any property acquired by that party and used in the performance of the duties and responsibilities provided herein. 11. Administration. This Agreement shall be administered by the City's Mayor and the District's Fire Chief. This Agreement shall be effective when posted on the website of the District or the City in accordance with RCW 39.34. Alternatively, pursuant to RCW 39.34.040, as interlocal agreements may be recorded with the county Auditor in the county where the public agencies entering into the agreement are located, this Agreement may be recorded with the Kitsap County Auditor as soon as reasonably possible after its execution by the District and the City. 12. Notice. Any notices to be given under this Agreement shall be delivered in person or mailed to the parties at the following addresses: To the City: Mayor Rob Putaansuu City of Port Orchard To the District: Chief Steven Wright Kitsap County Fire Protection District No. 7 (SKFR) or to such other persons or addresses as may be provided, from time to time, by the parties. Notices given by mail shall be deemed received three (3) days after the same are placed in the U.S. Mail, postage prepaid, addressed as provided in this section. Page 9 of 11 or to such other persons or addresses as may be provided, from time to time, by the parties. Notices given by mail shall be deemed received three (3) days after the same are placed in the U.S. Mail, postage prepaid, addressed as provided in this section. 13. Severability. In the event that any section, sentence, clause, or paragraph of this Agreement is held to be invalid by any court of competent jurisdiction, the remainder of this Agreement shall not be affected and shall remain in full force and effect. 14. No Waiver. Any party's failure to insist upon strict performance of another party's covenants or agreements, or to exercise any rights, shall not be deemed a waiver or relinquishment by such party, and such covenants, agreements and rights shall continue in full force and effect. 15. Integrated Agreement. This Agreement constitutes the entire agreement and understanding between the parties regarding the subject matter hereof and may be modified only by a written instrument signed by both parties hereto, and duly authorized by the governing body for each party. There are no other verbal or other agreements that modify or affect this Agreement. 16. Cooperation / Disputes. The parties shall strive to cooperate with one another in all reasonable respects and at all reasonable times so the terms and spirit of this Agreement may be fully implemented for the benefit of both parties and their constituents. 17. Filing of Agreement. In order to carry out the requirements of RCW 39.34.040, the parties shall file a certified copy of this interlocal agreement with the Kitsap County Auditor or, alternatively, list the same by subject on each party's website before the same becomes effective. 18. Reasonable Interpretation. For the reason that both parties hereto have had ample opportunity to provide input for the preparation of this Agreement, it shall not be interpreted in favor of or against either party. Rather, it shall be provided with a reasonable interpretation to the end that its terms and intent may be fully and reasonably implemented. CITY OF PORT ORCHARD . KITSAP COUNTY FIRE PROTECTION Mayor Rob Putaansuu Page 10 of 11 DISTRICT NO.7 (SKFR) Chairman Miche Eslava , Date: i ATTEST/AUT.UENTICATED: Brandy Rinearson, CMC, City Clerk APPROVED AS TO FORM: Sharon Cates, City Attorney Page 11 of 11 9 , Date: aL - 7-- Attorney fthe District EXHIBIT A FIRE STATION NO, 352401-3-079-2006 200 TREMONT ST 1.27 ACRES SECTION 35 TOWNSHIP 24 RANGE 1E PARCEL I: RESULTANT PARCEL OF BOUNDARY LINE AGREEMENT RECORDED UNDER AUDITOR'S FILE NO. 9402180255; LOT 4 CITY OF PORT ORCHARD SHORT PLAT (PO-37) RECORDED UNDER AUDITOR'S FILE NO.8410050134, BEING A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON, EXCEPT THAT PORTION OF SAID LOT 4 LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, WHICH BEARS N1*02'17"E 1333.54 FEET AND N87*47'52"W 1312.79 FEET FROM THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 35; THENCE NO*54'39"E, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, 473.29 FEET; THENCE S88*00'45"E 186.00 FEET; THENCE SO*54'39"W, PARALLEL WITH SAID WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, 18.35 FEET TO A 1/2" IRON PIPE WITH YELLOW PLASTIC PLUG IMPRINTED (MULLER-L.S. 4217) AND THE TRUE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED AGREEMENT LINE; THENCE S89*05'21"E 208.60 FEET, TO A 4" DIAMETER TERRA-COTTA TILE CONCRETE FILLED WITH 3/4" IRON PIPE WITH YELLOW PLASTIC PLUG IMPRINTED (MULLER-L.S. 4217) CENTER POINT, AND THE END OF SAID AGREEMENT LINE. TOGETHER WITH A 20 FOOT FOR INGRESS, EGRESS AND UTILITIES AS DESCRIBED IN AUDITOR'S FILE NO.8410050134. PARCEL II: THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 654 FEET, MORE OR LESS, TO THE SOUTH LINE OF TREMONT STREET, AS CONVEYED TO KITSAP COUNTY BY DEED DATED APRIL 12, 1947, RECORDED UNDER AUDITOR'S FILE NO.447698; THENCE EAST ALONG SAID SOUTH LINE OF TREMONT STREET, 312.4 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING EAST ALONG SAID SOUTH LINE 145 FEET; THENCE SOUTH 120 FEET; THENCE WEST 145 FEET; THENCE NORTH 120 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THAT PORTION TAKEN FOR RIGHT-OF-WAY FOR PORT ORCHARD BYPASS AS SHOWN ON SHEET 2 OF 3 OF PLAN APPROVED 8/82. 200205300072 Page: 11 of 52 1 R 1 06 �� a51 0rR 1111111111111111111111111111111111111111111111111111111 PORT ORCHRRD CITY OF RGHT $80.00 Kit.saP CO, UP Page I of I