009-08 - KRCC - ContractINTERLOCAL COOPERATION AGREEMENT
KITSAP EMERGENCY RESPONSE NETWORK
' This Agreement is created under the authority of Chapter 39.34 RCW of the Interlocal
Cooperation Act and in furtherance of the goals of Chapter 38.52 of the Emergency Management
Act, in consideration of the terms and conditions set forth herein and the mutual benefits to be
derived by the public agencies and Tribes which are parties to this Agreement.
1. Effective Date. This Agreement shall be effective upon the occurrence of all of
the following conditions:
1.1 The approval of the Agreement by the governing body of Kitsap County,
at least two cities of the county, and by the publication of the Agreement on the web site of
Kitsap Regional Coordinating Council.
1.2 Later approval of this Agreement by a new Member agency and
publication of the later approved Agreement on the web site of Kitsap Regional Coordinating
Council shall be deemed an authorized amendment to this Agreement as previously published,
without the need for a reconsideration and approval by parties that have already approved and
executed the Agreement except as provided below in Section 1.3.
1.3 If the terms of the Agreement are amended, the amended Agreement shall
require reconsideration, approval and execution by all parties to the Agreement. In that event,
the newly approved Agreement shall be published on Kitsap Regional Coordinating Council's
web site and shall contain provisions indicating the amendment of the previously published
Agreement.
2. Statement of Purpose. The primary purpose of this Agreement is to create,
manage and maintain an intergovernmental infra -net network or "Cloud" in and among the local
governmental entities and federally recognized Indian Tribes residing in Kitsap County
("Primary Purpose"). In the event of an emergency, the Cloud may be used by the agencies of
the State of Washington and of the federal government by virtue of its role as an Emergency
Management communication facility (Secondary Purpose). Kitsap County has established a
Comprehensive Emergency Management Plan (CEMP) and, in aid of this plan, has created the
Emergency Management Council of Kitsap County and the Department of Emergency
Management (DEM) to provide emergency management and centralized communications. See
Chapter 2.104 Kitsap County Code. Once established, the Cloud will be a communications
vehicle which may be used by DEM, the Members, and Contract Parties in the event of an
emergency. When applicable, this Agreement may become a tool utilized in any existing or
future mutual aid agreement for emergency management entered into pursuant to Chapter 38.52
RCW. Kitsap County and the cities of Kitsap County are "political subdivisions" as defined by
RCW 38.52.010(3) authorized to create a Comprehensive Emergency Management Plan. The
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parties are aware of the inherent limitations of existing means of communication and wish to
supplement these communication systems with an intergovernmental intra-net system as an
emergency management and response communications tool for its Members and for the public
through local institutions in the event of an emergency or a disaster. Experience has shown that
during public disasters and other emergencies traditional means of communication such as the
phone system can be overwhelmed. The more information that is available to the participating
agencies for the benefit of the citizens of Kitsap County, the better the activities of its public
agencies can be coordinated, and the more effectively local governments can cope with an
emergency or disaster. RCW 38.52.020(2) declares it to be the policy of the State of Washington
that
all emergency management functions of this state and its
political subdivisions be coordinated to the maximum extent with
the comparable functions of the federal government including its
various departments and agencies of other states and localities, and
the private agencies of every type, to the end that the most effective
preparation and use may be made of the nation's manpower,
resources and facilities for dealing with any disaster which may
occur.
The parties to this Agreement find and believe that effective emergency management and
preparation for emergencies includes establishment of a coordinated system for communication
and information sharing. The Cloud and its related technology, such as video conferencing,
offer new and expanding tools to communicate and to coordinate the activities of public and
private agencies and the public during emergencies and disasters.
3. Initial Design of Cloud. The following provisions shall govern the design and
maintenance of Kit —Net and the Cloud.
3.1 The Cloud's initial and, absent an emergency, its primary use shall be as a
governmental intra-net for communication and information/data sharing among its Members and
Contract Parties. The term "Kit —Net" as used in this Agreement refers to Kit —Net as a
cooperative venture managed by the Board of the Kitsap Regional Coordinating Council unless
the context reasonably infers reference to the Cloud used as a communication tool by the
member organizations comprising Kit —Net.
3.2 The intergovernmental intra-net network or cloud to be created under this
Agreement shall be designed so that DEM may utilize the Cloud as a communications tool of an
incident command system as defined by RCW 38.52.010(15) and as a supplement to the radio
communications and telecommunications tools currently available to local, state and federal
agencies. It may also be utilized to provide programs through the Members to educate and train
the public in order to be prepared for emergencies in accordance with the authorization of RCW
38.52.010(1)(e).
3.3 During the establishment and maintenance of the Cloud, the political
subdivisions shall consult with DEM and the Washington State Office of Emergency
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Management and shall coordinate their plan for the creation of the Cloud as a communications
tool with the County and State Comprehensive Emergency Management Plan. Kitsap County on
behalf of its agency DEM [DEM is a creature of interlocal agreement between the County and
Cities, as is CenCom, and is governed by the CenCom Policy Board. Kitsap County is the
administrative entity/fiscal agent for DEM], agrees that upon the establishment of Kit —Net and
the creation of a Cloud, DEM will amend its CEMP to include the Cloud as a tool and
methodology for communication in the event of a declared emergency pursuant to RCW
38.52.070. The program and plan created by the political subdivisions shall be submitted by the'
Department of Emergency Management for approval as an amendment to the Kitsap County
CEMP to the state director of emergency management and the Board of Kit —Net shall comply
with all recommendations which shall be made by the state with respect to such plan, to the end
that the programs created under this Agreement can be coordinated with Kitsap County and the
state emergency management plans and programs. Upon approval by the State of the program
and plan, the intranet created through this Agreement may be utilized to effectuate the program
and plan. Provided, that nothing herein shall be interpreted to bind the Members and Contract
Parties to remain participants if the Members or Associate Members deem such recommendation
or requirement to be an inappropriate invasion of its sovereignty or in contravention of its
corporate purposes.
4. Powers. The Interlocal Agreement which created the Kitsap Regional
Coordinating Council (the KRCC Interlocal Agreement) authorized the Council and its Board to
provide a regional forum for cooperative decision -making; undertake continuous, cooperative
study of governmental problems of mutual interest; and carry out other coordinating activities
authorized by vote of the Council. The KRCC Interlocal Agreement is attached hereto as
Exhibit A and incorporated by this reference as fully as if herein set forth. The Kitsap Regional
Coordinating Council and its Board's role in the administration of Kit —Net shall be consistent
with the KRCC Interlocal Agreement and the provisions of this Kit —Net agreement shall be
interpreted in such a way as to be consistent with the Council's authorized powers.
4.1 Kit —Net is an affiliate organization of the Kitsap Regional Coordinating
Council. Kit —Net, and the Kitsap Regional Coordinating Council as the manager of Kit —Net
shall have all powers available to it and its constituent Member agencies which are available
under the provisions of Chapter 39.34 RCW, the Interlocal Cooperation Act or, which, upon
incorporation in the Kitsap County CEMP, may be available under the provisions of RCW
38.52.070(2).
4.2 By way of illustration and not limitation, the Kit —Net, through the Kitsap
Regional Coordinating Council, shall have the authority to enter into contracts, apply for grants,
revise funds, purchase equipment and take any and all other actions necessary to establish,
maintain, and coordinate the Cloud which best facilitates the primary and secondary purposes of
this Agreement. Establishment of uniform minimum protocols for security, equipment,
maintenance, training and access are examples of the actions which may be taken by Kit —Net.
These actions are required in order to establish an effective intra-net network for
communications and information sharing between and among the local governmental agencies
and tribes who are Members under this Agreement as well as other public and private entities
which lack authority under Chapter 39.34 RCW to join in this Interlocal Agreement. These
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public and private entities, as Contract Parties, are deemed necessary to the secondary purpose of
emergency communication, in order to more fully reach and educate the public and coordinate
emergency management in the event of an emergency or disaster. (See Section 3.3) In addition,
Kit —Net may exercise those powers which may be available and are consistent with RCW
38.52.070(2) through the political subdivisions in the event of an emergency and when this
Agreement has been authorized as a part of the Kitsap County approved program and plan as
above provided.
4.3 In order to provide the maximum benefit to local taxpayers, the Cloud and
its infrastructure may be used for any lawful purpose consistent with the statutory powers and
authorizations of its Members. By way of illustration and not limitation, bandwidth and facilities
may be used for other valid governmental purposes when not actually in use for emergency
management services.
4.4 By way of illustration and not limitation, the Kitsap Regional
Coordinating Council may negotiate and contract on behalf of Kit —Net for equipment purchases
and other services and products on behalf of Kit —Net as provided in Chapter 39.34 RCW;
provided that nothing herein shall be interpreted to bind a Member beyond its current annual
assessment without the express approval of a Member pursuant to RCW 39.34.080. The Kitsap
Regional Coordinating Council's authority to contract shall be limited to obligations that may be
funded by the current year's budget. Long term agreements shall either be subject to a non -
appropriation clause or approved by the individual Members pursuant to RCW 39.34.380.
4.5 At its discretion the Kitsap Regional Coordinating Council may create or
contract with a not -for -profit corporation or other entity for utilization for any lawful purpose
including use of Kit —Net as an Internet Service Provider (ISP).
4.6 Political activity prohibited. Kit —Net shall not participate in any form of
political lobbying activity nor shall it be employed directly or indirectly for partisan political
purposes. This provision shall be interpreted and applied in accordance with the requirements of
RCW 42.17.
4.7 The Kitsap Regional Coordinating Council may purchase a policy or
policies of insurance as may be necessary in the discretion of the Kitsap Regional Coordinating
Council to adequately insure the reasonably foreseeable liabilities and risks associated with this
Agreement.
4.8 The Kitsap Regional Coordinating Council is hereby authorized to enter
into service agreements with Contract Parties, in a form approved by the Kitsap Regional
Coordinating Council in order to authorize access to the Cloud and to bind Contract Parties to
terms consistent with this Agreement. Contract Parties may include those agencies which are
not authorized to contract under the Interlocal Cooperation Act Chapter 39.34 RCW. These
Service Agreements are in aid of the secondary purpose of this Agreement which is to provide an
effective tool for emergency communication through the Cloud in the event of an emergency.
The effectiveness of the Cloud is directly related to the number of persons and local
organizations who can be reached in an emergency.
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5. Definitions.
5.1 "Board" shall mean the governing board of the Kitsap Regional
Coordinating Council.
5.2 "Cloud" means an open access intra-net system for the local governmental
agencies who are Members to this Agreement and for the Contract Parties which contract for
service with Kit —Net through contracts approved by the Board.
5.3 "Contract Parry" shall mean a party who has executed a service agreement
with Kit —Net.
5.4 "Emergency or disaster" shall have the meanings assigned by Chapter
30.52 RCW and mean an event or set of circumstances which:
5.4.1 Demands immediate action to preserve public health, protect life,
protect public property or to provide relief to any district or community overtaken by such
occurrences; or
5.4.2 Reaches such a dimension or degree of destructiveness as to
warrant the Governor to declare a state of .emergency pursuant to RCW 43.06.010 or a Mayor or
chief executive of any political subdivision under state law or local ordinance.
5.5 "Emergency" shall mean, in addition to meaning provided in Section 5.4,
an incident that requires a normal police, coroner, fire, rescue, emergency medical services or
utility response pursuant to the statutes enumerated in RCW 38.52.430.
5.6 "Emergency Management" or "comprehensive emergency management"
shall have the meanings provided by RCW 38.52.010(1).
5.7 "Kit —Net" means the organization managed by the Board of the Kitsap
Regional Coordinating Council unless the context reasonably infers reference to the Cloud used
as a communications tool by the Member organizations comprising Kit —Net.
5.8 "Kitsap Regional Coordinating Council" or "Council" shall mean an
interlocal entity whose board serves as the granting and coordinating entity for Kit —Net and this
Interlocal Agreement.
5.9 "Members" shall mean governmental entities authorized to enter into an
interlocal agreement pursuant to the provisions of Chapter 39.34 RCW, the Interlocal
Cooperation Act and who actually become parties to the agreement pursuant to Section 1 herein.
5.10 "Membership" shall include the local governmental entities that execute
this agreement pursuant to the provisions of Chapter 39.34 RCW and Contract Parties.
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Membership may include all political subdivisions and federally recognized Indian Tribes within
Kitsap County. Local public and private organizations including service organizations,
charitable, community and educational organizations of Kitsap County may be Contract Parties
by contracting for service with Kit —Net, with the limited participation set forth in this
Agreement. Membership shall be effective upon authorized signature of this Agreement for
Members or upon execution by a Contract Parry of a service agreement approved by the Board.
5.11 "Policy Advisory Group" shall mean the advisory body established by
Section 7.2 and consisting of the representatives set forth in that section and its subsections.
5.12 "Political subdivisions" shall mean Kitsap County and the cities of Kitsap
County exercising the powers available to them under Chapter 38.52 RCW and shall be
interpreted consistent with the definition established by RCW 38.52.010(3).
6. Required Provisions: Interlocal Cooperation Act.
6.1 Termination:
6.1.1 This Agreement shall continue in full force and effect until
terminated as provided herein. Termination may occur with respect to any individual Member
upon the provision of at least one year's notice of withdrawal. Withdrawal by an individual
Member shall not terminate its liability for any assessment made by the Board with respect to the
calendar year in which notification of withdrawal is made. Absent dissolution of Kit —Net as an
organization as below provided in paragraph 5.1.2, a withdrawing member shall forfeit its right
to any division of the assets of Kit —Net, the organization, if any.
6.1.2 This Agreement may also be terminated by a majority vote of the
Kitsap Regional Coordinating Council. Such termination shall be preceded by six (6) months
notice to the Members, as evidenced by passage of the Board's motion. In the event of
termination by vote of the Board, the assets of the organization, if any, shall first be offered to
any successor organization at the depreciated value of the assets. Absent the creation of a
successor organization by the dissolution date of Kit —Net, the organization, the assets shall be
sold and the proceeds distributed pro-rata among the dissolving Members by the Kitsap Regional
Coordinating Council.
6.1.3 Membership and participation of any Member or participation of a
Contract Party may be suspended without notice or terminated for cause following notice by the
Board. "Cause" is defined for the purposes of this section to include breach of any security or
service standard adopted by the Board. Following suspension of access to the Cloud, a Member
or Contracting Party ("breaching party") shall be provided written notice of its breach or
breaches. The breaching party shall have ten (10) days to come into compliance. The Policy
Advisory Group shall make a recommendation to the Board regarding whether the breach has
been cured by the breaching party's actions. The Board may terminate membership of the
breaching party if it, in its sole discretion determines that the breach has not been cured. The
decision of the Board shall be final and may include termination of Membership or the
imposition of conditions for continued Membership. Notwithstanding the above, access to the
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Cloud may be temporarily suspended without notice if the Board or designated administrator of
the Cloud determines that a participant's access is undermining security or would harm other
Members' interests if allowed to continue pending resolution.
6.1.4 The provisions of Section 9.2 or its equivalent in a service
agreement shall survive termination of a Member or a service contract.
6.2 This Agreement does not establish a new, separate legal entity, but rather
creates a communications tool for joint use to be managed by the Kitsap Regional Coordinating
Council and its Board pursuant to this Agreement and the program and plan prepared and
approved pursuant to section 3 and its subsections.
6.3 Property shall be acquired as provided for herein. While most equipment
and property necessary to the Cloud will be owned by the Members and Contract Parties, any
property acquired by Kit —Net shall be held by the Board of the Kitsap Regional Coordinating
Council for and on behalf of the Member agencies. The property shall be disposed of as herein
provided. The Board is hereby authorized to establish a special fund with the County treasurer
servicing an involved public agency and designated as the "Operating Fund of the Kit —Net Joint
Board."
6.4 Cooperative Purchasing. In accordance with Title 39 RCW and applicable
provisions of any party's municipal or other adopted code, ordinances or resolutions, the parties
hereby agree to a cooperative governmental purchasing agreement for the purpose of purchasing
various supplies, materials, and equipment relating to the purpose of this Agreement, using the
parties' competitively awarded contract. The following terms and conditions apply:
6.4.1 Each party in contracting for the purchase of supplies, materials,
and equipment, agrees, at its sole discretion, to extend said contracts to the other party to the
extent permitted by law, and agreed upon by the parties and the vendor(s).
6.4.2 Each parry shall be responsible for compliance with any additional
or varying laws and regulations governing purchases by or on their own behalf, including, but
not limited to, compliance with the applicable provisions of RCW Title 39.
6.4.3 Any purchases shall be implemented by purchase order and
directed to the vendor. The purchase order shall specify that the item(s) ordered are to be
delivered to the party that placed the order.
6.4.4 No party shall accept responsibility for the performance of any
vendor contracted for by another parry as a result of this Agreement.
6.4.5 No parry shall be responsible for the payment of any item(s)
contracted for by another party as a result of this Agreement.
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6.4.6 Each item purchased shall become the sole property of the parry
that placed the order. No other parry shall have a right or interest in or claim of title to that
property.
6.4.7 The Administrator for this Section of this Agreement is the party
that made the particular purchase.
6.4.8 For all purchase orders submitted by any agency that is a party
hereto, the applicable provisions of that agency's purchasing code, if any, will apply.
6.4.9 The provisions set forth herein will not apply in the case of an
emergency, pursuant to RCW 38.52.070.
7. Internal Organization. The Cloud and Kit —Net shall be managed by the Board of
the Kitsap Regional Coordinating Council in furtherance of the Council's role as a coordinating
agency for the governmental and tribal entities which comprise its membership (See Section 5.7
infra). The Board shall adopt operational protocols as needed and shall exercise the powers and
authority which are necessary to accomplish the purposes of this Agreement and which are
consistent with its underlying powers. The Board shall establish an annual budget, levy annual
assessments to defray the cost of operation, contract for services including management support
services and establish protocols for cooperative governance including establishing common
equipment standards, user protocols and security protocols ("Protocols"). Protocols shall be
adopted following an opportunity for recommendation from the Policy Advisory Group. Notice
of annual assessments for the next calendar year shall be provided to the Members and service
fees to the Contract Parties by October 31 of each year. Failure to pay within 90 days shall
terminate access to the Cloud. The Board may establish penalties for late payment and other
similar charges.
7.1 Policy Advisory Groun. The Policy Advisory Group shall be responsible
for assuring that the Membership is adequately informed regarding the decisions of the Board,
the recommendations of the Policy Advisory Group and issues of common concern. The Policy
Advisory Group shall assist in coordinating the provision of services, advise the Board regarding
technological, governance and budget issues and mediate disputes within and between Members
and Contract Parties. The Policy Advisory Group shall make recommendations to the Board
regarding protocols for equipment, operation, security and other operational issues. The
protocols may include security, information, technology and service standards consistent with
the underlying agreements and the standards of any security agreement applicable to any
Member or Contract Party. These protocols shall be considered the minimum necessary for
access to the Cloud. Nothing herein shall be interpreted to discourage or prohibit a Member or
contact Party from, in its sole discretion, taking any security precaution necessary for such
Member or Contract Parry to comply with its statutory or common law obligations or the
provisions of any contract. The existence of minimum security protocols shall not relieve a
Member or Contract Party form its primary security obligation. See Section 9.2. The Policy
Advisory Group shall hear appeals of Members or Contract Parties relating to violations of
service, security or other Membership standards and make recommendations regarding final
action to the Board. Briefings of the Membership shall occur at least quarterly.
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7.2. Policy Advisory Group Structure. The Policy Advisory Group shall
consist of representatives from each Member and Contract Party.
7.3 Voting. Each Member and Contract Party shall have one vote on
recommendations of the Policy Advisory Group. No proxy voting shall be permitted. Nothing
herein shall be interpreted to establish a membership requirement for attendance at meetings of
the Policy Advisory Group.
7.4 Annual Meetings. An annual meeting of all Members and Contract
Parties may occur as part of the Kitsap Regional Coordinating Council's annual local
government forum or held separately on either the recommendation of the Policy Advisory
Group or as the Board may designate. Nothing herein shall be interpreted to require an annual
meeting, and additional meetings may be held at the discretion of the Board with the
recommendation of the Policy Advisory Group.
8. Program Evaluation. The technology which forms the heart of the Cloud is
constantly evolving. In order to maintain a network which fully utilizes the capabilities and
technology of the intra-net and which provides the most efficient return on taxpayer dollars,
Kit —Net commits itself to program evaluation every two years. Program evaluation shall include
an opportunity for input from every Member and Contract Party, and shall include
recommendations by the Policy Advisory Group as it deems appropriate regarding governance,
budget and policy recommendations, along with such other matters as the Board, in its
discretion, shall deem appropriate to assign to the evaluation process. The Policy Advisory
Group shall recommend a schedule and process for program evaluation to the Board in
September of every even -numbered year.
9. Legal Relations.
9.1 Indemnity Limited. Except as specifically provided herein, no separate
indemnity provision is created by this Agreement. Each Member, Contract Parry and the Kitsap
Regional Coordinating Council shall bear their respective liability as determined in accordance
with the laws of the State of Washington.
9.2 Each Party Responsible for Security; Hold Harmless and Indemnity. Each
party to this Agreement agrees and warrants that it shall be solely responsible for the security of
its own information technology systems and all records and information accessible by such
system.
9.2. Each party to this Agreement, therefore, waives and releases every
Member and the Kitsap Regional Coordinating Council and their respective officers, agents and
employees, from any claim, loss or liability of any kind or nature arising from or out of any
breach of its internal security and/or information technology system as well as from or out of the
theft, release or misappropriation of information contained therein or accessible thereby as a
result of participation in the Cloud.
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9.2.2 The Kitsap Regional Coordinating Council promises to hold
harmless and indemnify each and every other party, Member or Contracting Parry to this
Agreement from every claim, cost or liability of any kind or nature arising from or out of the
Kitsap Regional Coordinating Council's exercise of authority under this Agreement and for any
and all liability arising from or out of this Agreement to the full extent, but only to the extent,
that such claim, loss or liability is covered by a policy of insurance purchased by the Kitsap
Regional Coordinating Council through the authorizations provided under Section 3 of this
Agreement. To the extent that the reasonable costs of defense are covered by such policy, this
promise to indemnify and hold harmless includes the cost of defense by counsel provided
through such insurer or insurance pool.
k
9.2.3 Nothing herein shall be interpreted to limit or abrogate the
immunities and liability protection provided pursuant to RCW 38.52.180 to the extent such
immunity and liability protection exists.
9.3 Alternative Dispute Resolution. In the event that any dispute arises
between the Members and/or Contract Parties of Kit —Net, the Board shall first attempt to
mediate the dispute. In its discretion, the Board may, as a cost of the operation of the Cloud,
engage a professional mediator to mediate the dispute. Agood faith mediation participation shall
be a condition precedent to filing suit to enforce or interpret any provision of this contract.
9.4 Venue. Exclusive venue for the enforcement or interpretation of any
terms of this Agreement shall be in Kitsap County, Washington.
10. Execution. This Agreement may be executed by any Member in counterparts. A
Contract Party, as a term of its service agreement, shall be required to abide by all terms of this
Agreement. Separate signature pages may be attached from time to time to reflect the
acceptance of the terms of this Agreement by any Member.
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Acceptance of the entity as a member shall be approved by the Board in its minutes upon
receipt of a clearly authorized and executed Agreement accompanied by payment of the
first year's assessment. The approval of the Agreement by the governing body of each
party to the Agreement, followed by filing of the executed Agreement with Kitsap County
Auditor is required. Later approval and filing of this Agreement by additional parties
shall be deemed an authorized amendment to any Agreement already on file with the
Kitsap County Auditor, without the need for reconsideration and approval by parties that
have already approved and executed the Agreement, with the following exception: if terms
of the Agreement have changed, the Agreement shall need reconsideration, approval and
execution by all parties to the Agreement. In that event, the newly approved Agreement
IT -
will contain provisions indicating amendment of the Agreement originally on file with the
Auditor.
Date: A 4It,
CITY C
AT EST/AUTHENTICATED:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney�,,-I
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