03-035 Animal Control Services Return to: J)aniela Erickson Spokane Valley Contract
Clerk of the Board No. CO3-35
1116 West Broadway Approved: April 22,2003
Spokane,Washington 99260
•
INTERLOCAL AGREEMENT FOR AN1 WAL CONTROL SERVICES
IN THE CITY OF SPOKANE VALLEY
`J 0424 (April 1, 2003-December 31, 2004)
THIS AGREEMENT, made and entered into by and between Spokane County, a
political subdivision of the State of Washington, having offices for the transaction of
business at West 1116 Broadway Avenue, Spokane, Washington 99260, hereinafter referred
to as "COUNTY," and the City of Spokane Valley, a municipal corporation of the State of
Washington, having offices for the transaction of business at the Redwood Plaza, 11707
East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred
to as "CITY,"jointly hereinafter referred to as the 'PARTIES."
W LTNESSETH:
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners has the care of County property and the management of County funds and
business; and
WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley
established 12:01 A.M., April 1, 2003, as its official date of incorporation and upon that
date will commence operations as a city; and
WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of
incorporation, local governmental authority and jurisdiction with respect to the newly
incorporated area transfers from Spokane County to the City of Spokane Valley; and
WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties
and cities to contract with each other to perform certain functions which each may legally
perform; and
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CO3-35
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WHEREAS, pursuant to R.CW 36.32.120(6) and RCW 36.32.120(7), Spokane
County, through its Board of County Commissioners, may enact ordinances dealing with
animal control within the unincorporated area of Spokane County; and
WHEREAS, the City of Spokane Valley may enact ordinances dealing with animal
control within its boundaries; and
WHEREAS, Spokane County has established an Animal Control Department
managed by an Animal Control Director. Spokane County also owns and operates an
animal shelter located at 2521 N. Flora Road, Spokane Valley, Washington; and
•
WHEREAS, the City of Spokane Valley desires to employ the services of Spokane
County to perform certain animal control functions within the boundaries of the City of
Spokane Valley.
NOW THEREFORE for and in consideration of the mutual promises set forth
hereinafter the PARTIES do hereby agree as follows:
SECTION NO. 1: PURPOSE
The purpose of the Agreement is to reduce to writing the PARTIES understanding as to the
terms and conditions under which COUNTY, through its Animal Control Department, will
provide "Animal Control Services" to CITY within its boundaries. It is the intent of the
PARTIES that Animal Control Services to be provided by COUNTY will be consistent
with the City's CounciVManager form of government provided for in chapter 35A.13 RCW
and within the statutory responsibilities of a City Animal Control Officer.
For the purpose of this Agreement, Animal Control Services shall encompass the duties and
functions which the COUNTY'S Animal Control Department customarily provides within
the unincorporated areas of Spokane County. Said services shall include:
1. Enforcement of CITY'S Animal Control Ordinance;
2. Enforcement of CITY'S Inherently Dangerous Mammals/Reptiles Ordinance;
3. Enforcement of chapter 16.08 RCW (Dogs);
4. Enforcement of chapter 16.52 R.CW(Prevention of Cruelty to Animals); and
5. Enforcement of chapter 16.54 RCW (Abandoned Animals).
Enforcement includes those items set forth in Attachment "A," attached hereto and
• incorporated herein by reference, as they relate to "field services," "shelter services" and
"educational services;" the licensing of dogs, cats and inherently dangerous
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mammals/reptiles; and appearing before all administrative and judicial hearings in
conjunction with such duties and functions.
COUNTY, at its discretion, may conduct surveys within CITY for unlicensed dogs and cats.
In conjunction with the enforcement of 1 and 2 herein above, CITY shall adopt and keep
current by appropriate legislative action, an (i) Animal Control Ordinance and (ii)
Inherently Dangerous Mammals/R.eptiles Ordinance substantially identical to those adopted
by COUNTY as they presently exist or as they may hereinafter be modified/amended, to
include all fees/penalties. This responsibility shall not be deemed a restriction upon the
CiTY's legislative power. COUNTY'S ordinances are respectively codified as of Chapter
5.04 of the Spokane County Code and Chapter 5.12 of the Spokane County Code.
COUNTY shall provide CITY with a copy of Chapter 5.04 and Chapter 5.12 of the
Spokane County Code and all subsequent modifications/amendments thereto. CITY shall
provide COUNTY with copies of its adopted/amended Ordinances substantially identical
to Chapters 5.04 and 5.12 of the Spokane County Code.
CITY shall provide legal counsel to prosecute any citations/complaints issued by
COUNTY in enforcement of. 1 through 5 herein above in the Municipal Court or Superior
Court.
In performing the above services, COUNTY will provide such personnel, as it deems
necessary as well as any and all vehicles and materials of any kind or nature whatsoever at
no cost to CITY.
Standards of performance, discipline of employees, and other matters incidental to
providing such Animal Control Services to include control/supervision of personnel shall
remain in COUNTY. All persons employed in the performance of Animal Control Services
shall be COUNTY employees. COUNTY Animal Control Director agrees to meet and
confer with CITY with respect to staff assigned to provide Animal Control Services. Issues
of discipline or performance will be specifically left to COUNTY. COUNTY shall
designate those persons it desires to be commissioned by CITY'S Chief of Police to issue
notices of infraction and criminal citations contemplated by this Agreement. COUNTY will
provide CITY's Chief of Police with appropriate information to demonstrate the
qualifications of the designated person to act under commission of CITY'S Chief of Police.
Nothing herein contained shall make any employee of COUNTY an employee of CITY.
The COUNTY Animal Control Director or his/her designee agrees to attend staff meetings
as requested by the CITY Manager.
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CITY shall supply at its own cost and expense any special supplies or stationary which it
requests COUNTY use in providing Animal Control Services.
COUNTY will provide Animal Control Services above and beyond those set forth herein to
CITY at cost negotiated between CITY and COUNTY.
SECTION NO. 2: DURATION
This Agreement shall be effective at 12:01 A.M. on April 1, 2003, and run through 12:00
P.M. December 31, 2004, unless one of the PARTIES provides notice of termination as
provided in Sections No. 4 and 9 of this Agreement..
SECTION NO. 3: COST OF SERVICES AND PAYMENTS
CITY shall pay COUNTY the actual costs for Animal Control Services provided under this
Agreement. The estimated cost for Animal Control Services under this Agreement for
calendar year 2003 shall be TWO HUNDRED EIGHTY SIX THOUSAND EIGHTY
THREE DOLLARS ($286,083). CITY'S cost was arrived at by using the methodology
set forth in Attachment "B," attached hereto and incorporated herein by reference. The
methodology contemplates that COUNTY will retain all revenues as outlined in
Attachment "B," collected from performing such services.
The PARTIES agree to use the same methodologies contained in Attachment "B" to
arrive at the estimated costs for calendar year 2004 Animal Control Services. The
PARTIES recognize that the costs will more than likely increase in 2004. For instance,
staff may receive salary adjustments by COUNTY and/or the maintenance and operation
expenses of the Animal Control Office may increase. These increases or potential
decreases will be reflected in the figures used in the methodologies for calculating the
CITY'S 2004 estimated costs. Additionally, the methodologies will use the Spokane
Animal Control Department Time Study Analysis Report ("Report"). This Report tracks
the actual amount of time spent by Animal Control staff on animal control services in
CITY and other areas of Spokane County.
At the end of calendar year 2003 and calendar year 2004 respectively, using the numbers in
the Report, COUNTY will determine whether or not the estimated percentage number used
as the basis for calculating costs of Animal Control Services was accurate. To the extent
that CITY was over billed in any year, it will receive a credit to be applied as mutually
agreed. If CITY was under billed, it will receive a debit in the subsequent billing. The
adjustment will normally take place in March of the year following the year Animal Control
Services were performed.
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COUNTY will bill CITY for the cost of services as outlined, monthly, during the first week
of the month. Payments by CITY will be due by the 5th day of the following month. At the
sole option of COUNTY, a penalty may be assessed on any late payment by CITY based on
lost interest earnings had the payment been timely paid and invested in the Spokane County
Treasurer's Investment Pool.
SECTION NO. 4: NOTICE
All notices or other communications given hereunder shall be deemed given on: (1) the day
such notices or other communications are received when sent by personal delivery; or (ii)
the third day following the day on which the same have been mailed by first class delivery,
postage prepaid addressed to PARTIES at the address set forth below for such Party, or at
such other address as PARTIES shall from time-to-time designate by notice in writing to the
other PARTY:
COUNTY: Spokane County Chief Executive Officer or his/her authorizes! representative
1 l 16 West Broadway Avenue
Spokane, Washington 99260
• Animal Control Shelter
2521 North Flora Road
Spokane Valley, Washington 99216
Attention: Animal Control Director
CITY: City of Spokane Valley City Manager or his/her authorized representative
Redwood Plaza
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
SECTION NO. 5: COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which, when so
executed and delivered, shall be an original, but such counterparts shall together constitute
but one and the same.
SECTION NO. 6: ASSIGNMENT
No Party may assign in whole or in part its interest in this Agreement without the approval
of all other PARTIES.
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SECTION NO. 7: LIABILITY
(a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and
employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by any reason of or arising out of any
negligent act or omission of COUNTY, its officers, agents and employees, or any of them
relating to or arising out of performing services pursuant to this Agreement. In the event
that any suit based upon such claim, action, loss, or damages is brought against CITY,
COUNTY shall defend the same at its sole cost and expense; provided that CITY reserves
the right to participate in said suit if any principle of governmental or public law is
involved; and if final judgment in said suit be rendered against CITY, and its officers,
agents, and employees, or any of them, or jointly against CITY and COUNTY and their
respective officers, agents, and employees, COUNTY shall satisfy the same.
(b) CiTY shall indemnify and hold harmless COUNTY and its officers, agents, and
employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by any reason of or arising out of any
negligent act or omission of CITY, its officers, agents and employees, or any of them
relating to or arising out of performing services pursuant to this Agreement. In the event
that any suit based upon such claim, action, loss, or damages is brought against COUNTY,
CITY shall defend the same at its sole cost and expense; provided that COUNTY reserves
the right to participate in said suit if any principle of governmental or public law is
involved; and if final judgment in said suit be rendered against COUNTY, and its officers,
agents, and employees, or any of them, or jointly against COUNTY and CiTY and their
respective officers, agents, and employees, CITY shall satisfy the same.
(c) The foregoing indemnity is specifically intended to constitute a waiver of each party's
immunity under Washington's industrial Insurance Act, Chapter 51 RCW, respecting the
other party only, and only to the extent necessary to provide the indemnified party with a
full and complete indemnity of claims made by the indemnitor's employees. The PARTIES
acknowledge that these provisions were specifically negotiated and agreed upon by them.
(d) COUNTY and CITY agree to either self insure or purchase polices of insurance
covering the matters contained in this Agreement with coverages of not less than
$5,000,000 per occurrence with $5,000,000 aggregate limits including for COUNTY
professional liability and auto liability coverages.
SECTION NO. 8: RELATIONSHIP OF THE PARTIES
The PARTIES intend that an independent contractor relationship will be created by this
Agreement. No agent, employee, servant or representative of COUNTY shall be deemed to
be an employee, agent, servant or representative of CiTY for any purpose. Likewise, no
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agent, employee, servant or CITY representative shall be deemed to be an employee, agent,
servant or representative of COUNTY for any purpose.
SECTION NO. 9: MODIFICATION/TERMINATION
This Agreement may be modified in writing by mutual agreement of the PARTIES.
Any Party may terminate this Agreement for any reason whatsoever upon a minimum of
ISO days written notice to the other PARTIES.
Upon termination, CITY shall be obligated to pay for only those Animal Control Services
rendered prior to the date of termination based upon a pro rata division of those costs set
forth in Section No. 3 herein above to the date of termination.
Upon termination, at CITY'S option, COUNTY shall continue to provide Animal Control
Services to completion for those criminallinfraction cases filed prior to the effective date of
the termination.
SECTION NO. 10: PROPERTY AND EQUIPMENT
The ownership of all property and equipment utilized in by COUNTY is providing Animal
Control Services shall remain with the COUNTY unless specifically and mutually agreed
by the PARTIES to the contrary.
SECTION NO. 11: ALL WRITINGS CONTAINED HEREIN/BINDING EFFECT
This Agreement contains terms and conditions agreed upon by the PARTIES. The
PARTIES agree that there are no other understandings, oral or otherwise, regarding the
subject matter of this Agreement. No changes or additions to this Agreement shall be valid
or binding upon the PARTIES unless such change or addition is in writing, executed by the
PARTIES.
This Agreement shall be binding upon the PARTIES hereto, their successors and assigns.
SECTION NO. 12: DISPUTE RESOLUTION
Any dispute among the PARTIES with respect to the methodologies used to calculate the
2004 costs of Animal Control Services under the terms of this Agreement that cannot be
resolved between the PARTIES shall be subject to arbitration.
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COUNTY and CITY shall each have the right to designate a person to act as an arbitrator.
The two selected arbitrators shall then jointly select a third arbitrator. The decision of the
arbitration panel shall be binding on COUNTY and CITY.
The costs of the arbitration panel shall be jointly split between COUNTY and CITY.
The decision of the arbitration panel shall be binding and not subject to judicial review.
SECTION NO. 13: VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered
within the State of Washington and it is mutually understood and agreed by each party
that this Agreement shall be governed by the laws of the State of Washington both as to
interpretation and performance. Any action at law, suit in equity or judicial proceeding for
the enforcement of this Agreement, or any provision hereto, shall be instituted only in
courts of competent jurisdiction within Spokane County, Washington.
SECTION NO. 14: S>fVERABILITY
It is understood and agreed among the PARTIES that if any parts, terms or provisions of
this Agreement are held by the courts to be illegal, the validity of the remaining portions or
provisions shall not be affected and the rights and obligations of the PARTIES shall not be
affected in regard to the remainder of the Agreement. If it should appear that any part, term
or provision of this Agreement is in conflict with any statutory provision of the State of
Washington, then the part, term or provision thereof that may be in conflict shall be deemed
inoperative and null and void insofar as it may be in conflict therewith and this Agreement
shall be deemed to modify to conform to such statutory provision.
SECTION NO. 15: :HEADINGS
The section headings appearing in this Agreement have been inserted solely for the
purpose of convenience and ready reference. In no way do they purport to, and shall not
be deemed to define, limit or extend the scope or intent of the sections to which they
pertain.
SECTION NO. 16: :DESIGNATION OF AlaMi:NISTRATOR
COUNTY appoints the COUNTY Animal Control Director or his/her designee as its agent
for the purposes of administering the terms of this Agreement. COUNTY Animal Control
Director agrees to meet with CITY on a monthly basis to review the services being provided
herein. The Animal Control Director or his/her designee will immediately notify the CITY
Manager or his/her designee of any Animal Control emergency within CITY.
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SECTION NO. 17: RECORDS
All public records prepared, owned, used or retained by COUNTY and/or Animal Control
Department in conjunction with providing Animal Control Services under the terms of this
Agreement shall be deemed CITY property and shall be made available to CITY upon
request by CITY Manager. COUNTY or Animal Control Department will notify CITY of
any public disclosure request under chapter 42.17 RCW for copies or viewing of such
records as well as the COUNTY'S response thereto.
SECTION NO. 1.8: ASSURANCE
COUNTY represent and assure CITY that no other city or town will receive more favored
treatment in receipt of Animal Control Services than that made available to CITY for
similar services.
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be
executed on elate and year opposite their respective signatures.
DATED: dil/2-Il.2L273 BOARD OF COUNTY COMMISSIONERS
`‘.,
OF SPOKAH t'
FTNCTON
afi. con1t f ` 1
SI• 1ti
e4 .e,' -'14E Gp Z t 1
yamf2 JOHN ROSKELLEY
• •
.ATTEST: 't s t % i� �:`% - -
VICKY M. DALTON +1 �- •••.• • �` ��• 1.RJtl.S -Chair
t
CLEW : SF THE BOARD ` `�C ," - CC6S •
BY: I / // /' / N .~ 1 CCASLIN
•.niela Erickson, Deputy
DATED: / . _ 3 CITY 01 SPOKANE VALLE,
By:
Its: _„„r■ v Of / L' • er
Att; t: (Title)
/
City Clerk.
Approved as to form only:
A'•tii City A • s
H:1Valley CitylDra1I Contracts\Animal Controllanintal control valley 030503-final.doc
Page 9of9
3 0424 Animal Control Services
Field Services:
All field services are provided during normal hours of operation:
Normal hours of operation- animal control officer on duty:
A1onday—Friday 7:00 AM—6:00 PM&Saturday 9:00 AM—5:00 PM—except holidays
• Dog at large complaints
• Cat at large on private property
• Dog barking
• Dog or cat no license
• Dog or cat no rabies vaccination
• Dog threatens person
• Dog threatens domestic. animal
• Dog or cat bite
• Injured dog or cat
• Sick clog or cat
• Agency assist
• Abandoned animal
• Animal cruelty
• Dead on arrival dog or cat
• Confined dog or cat
• Trapping clog or cat
• Vicious dog
• Kennel inspections
• Dangerous dog inspections
• • Inherently dangerous mammal or reptile inspections
• Other as deemed necessary by the department
Emergency services only after normal hours of operation:
• Injured or sick clog/cat.
• Dog/cat bite—dog/cat is still at large.
• Dog bite—severe dog bite (victim is in hospital and dog will need to be
quarantined immediately in the county shelter).
• Vicious or threatening dog—dog threatens persons or domestic animals and
is still at large.
• Animal in our humane trap that is making a disturbance or injuring itself.
• Other law enforcement agency requests our assistance when animals are
involved.
• Other emergency such as extreme cruelty, pet dying in a hot vehicle, etc.
• Exotic DANGEROUS PET at large (i.e.; cougar, tiger,wolf, bear, etc.).
• Multiple calls on same problem—animal control officer on call will evaluate
and make a determination on whether to respond.
ATTACHMENT "A"
3 0424
Shelter Services:
Shelter hours:
Monday, Tuesday, Thursday and Friday 10:00 AM—5:30 PM& Saturday 1:00 PM—
4:30 PM—closed Wednesday, Sunday and holidays
Full service animal shelter—
• Housing dog/cat—occasional other animal
• Pet license program
• After hours animal receiving room
• Animal redemptions
• Adoption program
• Volunteer program
• Dog training program
• Trapping program
• Crematorium on site
Educational Services:
• Dog bite prevention program -elementary schools and service workers
• School career fair participation
• Specialty presentations available upon request
• Public service announcements—newspaper, radio, television
• Community outreach —fair booth, license clinics,special events, etc.
• Website
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Spokane County Animal Control
Revised February 18, 2003 .
G:
C
Cost for providing the current level of service to the City of Spokane Valley.
Department Expenses $1,205,024
Department Revenues $421,611
Cost of Animal Control $783,413 X 48.69% = $381,444*
Spokane County Animal Control currently provides 48.69% of it's services within the city limits of Spokane Valley.
The cost to the city of Spokane Valley is based on estimated expenses offset by projected revenues.
*This is a 12-month figure from April 1, 2003 through December 31, 2003 amount is $286,083.00
Page 3 of 4
3 0424
Spokane County Animal Control
•
Time Study — Percentages for the City of Spokane Valley
Service Spokane Valley Our Weight — Total
. eque20 for service — 49.34% 40% 19.74%
A.0 O _
Aniinttl impounds 47.64% �- 35% 16.67%
Investigations 48.25% 15% _ 7.24% i
Emergency calls 48.51% 7% 3.40%
Traaing.Program 54.17% _ 3% 1.63 94)
Total 48.69%
Page 4 of 4
This is to Certify this Is e true end - of C0,114. 1‘1
correct copyist,the original document c�o...al' %
NO. 3—v' �- on file int CO my o :c .
Commissioners Mutes of.WZQyata , :
NO. 3 0424 dat: his • jt.L d= of ' ' • �g
1 1f
B • ./, _
,v 41 Sens .•
•• CLERK OF THE BOARD
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF EXECUTING ) -
AN AGREEMENT BETWEEN )
SPOKANE COUNTY AND THE CITY ) RESOLUTION
OF SPOKANE VALLEY )
REGARDING ANIMAL CONTROL )
SERVICES AND OTHER MA'T'ERS )
RELATED THERETO )
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners of Spokane County has the care of County property and the management of
County funds and business; and
WHEREAS, pursuant to chapter 35.02 RCW, the. City of Spokane Valley
established 12:01 A.M., April 1, 2003, as its official date of incorporation and upon that
date commenced operations as a city; and
WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of
incorporation, local governmental authority and jurisdiction with respect to the newly
incorporated area transferred from Spokane County to City of Spokane Valley; and
WHEREAS, chapter 39.34 RC\\' (Interlocal Cooperation Act), authorizes counties
and cities to contract with each other to perform certain functions which each may legally
perform; and
WHEREAS, pursuant to RCW 36.32.120(6) and RCW 36.32.120(7), Spokane
County, through its Board of County Commissioners, may enact.ordinances dealing with
animal control within the unincorporated area of Spokane County; and
WHEREAS, the City of Spokane Valley may enact ordinances dealing with animal
control within its boundaries; and
WHEREAS, Spokane County has established an Animal Control Department
managed by an Animal Control Director. Spokane County also owns and operates an
animal shelter located at 2521 North Flora Road, Spokane Valley, Washington; and
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3 0424
WHEREAS, the City of Spokane Valley desires to employ the services of Spokane
County to perform certain animal control functions within the boundaries of the City of
Spokane Valley.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County
Commissioners of Spokane County, that either the Chairman of the Board, or a majority of
the Board, be and is hereby authorized to execute that document entitled "..INTERLOCAL
AGREEMENT FOR ANIMAL CONTROL SERVICES IN THE CITY OF SPOKANE
VALLEY (April 1, 2003-December 31, 2004)" pursuant to which, under certain terms and
conditions, the City of Spokane Valley will employ the services of Spokane County to
perform certain animal control functions within the boundaries of the City of Spokane
Valley. The projected costs for services for calendar year 2003 are set forth in Attachment
"A," attached hereto.
PASSED AN ,l/M4 1 D this2.9747 day of.2 _r/ / , 2003.
. O 0 CO3 ,bliss,■■11
•3" CMG':A„• � �' BOARD OF COUNTY COMMISSIONERS
OF SPOKANE, COUNTY, WASHINGTON
. ' ' ABSENT•SEAL,•' s' •
11`,` N ccx��` i JOHN ROSKELLEY
ATTEST:
VICKY M. DALTON
CLERK OF THE BOARD ���%
'F IL IF D HA RiS, C air
•
•
aniela Erickson, Deputy M. KATE i 'CCASLJN
Ft\V•'Dcy(:)Utemit"inackvnik7•3ninnl rontml sEnices.Joc
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