HomeMy WebLinkAbout1515 ResolutionRESOLUTION NO 1515
A RESOLUTION accepting the proposed garbage collection
contract with Basin Disposal, Inc. and authorizing the Mayor
to sign the same.
Pursuant to Chapter 35.22 R.C.W., the City Council of the
City of Pasco Intends to award a contract for the collection
of garbage in the city;
Basin Disposal, Inc. Is the existing collector of garbage
under an existing contract with the City of Pasco, which it
has Performed without default and with relatively few complaints
coming to the city;
Basin Disposal, Inc. and the City of Pasco through its
City Manager and the aid of several department heads have nego-
tiated a proposed contract that has been reviewed by the City
Council and which the City Council finds acceptable and of
benefit to the public, NOW, THEREFORE,
BE IT RESOLVED by the City Council of the City of Pasco,
Washington as follows:
That certain proposed contract for the collection of gar-
bage between the City of Pasco and Basin Disposal, Inc. reviewed
by the City Council at its June 14, 1982 workshop meeting is
hereby accepted by the city and the Mayor is hereby authorized
to sign the same on behalf of the City of Pasco.
PASSED by the City Council of the City of Pasco this
21st day of June, 1982.
44110
• Snider', Mayor
ATTEST:
(6/4\ . E D AS TO F4
P.41#104
Rubstello, City Attorney
SOLID WASTE COLLECTION SERVICE CONTRACT
THIS AGREEMENT, made and entered into this 21st day of
June , 1982, by and between THE CITY OF PASCO, a municipal
corporation of the State of Washington, hereinafter referred to as
the City, City, and BASIN DISPOSAL, INC , hereinafter 'called the Contractor ,
'WITNESSETH
'-',1-
WHEREAS, the City has foundiit desirable ta -:contirlue a contractual
relationship with the Contractor for the solid ,was,te 'Collectlon,Isexce ,
in the City of Pasco, and
WHEREAS, the Contractor hereby warrants anc -hrepresents -tOtheq 4 T=-
City that it is fully able and,-qualified to enter-nto this agreement
to provide the quality and level of solid waste collection serv,ce.-6& , to the City, NOW, THEREFORE
, r
IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED',
HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS
1 SCOPE OF SERVICE The Contractor shall collect, transport and
dispose of all solid waste originating within the City of Pasco and '
shall furnish and maintain all tools, materials, labor and equipment
necessary to perform such collection, transportation and disposal
Said collection, transportation and disposal of solid waste in the '
City of Pasco shall be accomplished prior to any other contract work
to be performed by the Contractor
The Contractor shall arrange and allow for city residents to have
and dispose of two (2) cans of solid waste per trip, or equivalent,
at the disposal site utilized by the Contractor without charge to the
resident, providing that satisfactory proof of residence within the
City of Pasco is shown
Said collection shall be made by the Contractor by regular route
pickups and according to a fixed schedule, which route and schedule
shall be subject to the concurrence of the City Manager or his designee,
at each residence, business and city-owned properties at the rates
herein below set forth
A CAN RATES
(1) Residential Full Service For each occupied residence or
separate unit thereof, the charge shall be $5 30 per month
for weekly full service solid waste collection services
Full service solid waste collection service shall include
(a) The collection of an unlimited number of cans or container ,-
(including plastic bags) which individually weigh not
more than eighty (80) pounds and otherwise meet the
requirements of P M C 6 04 100, which section of
the code is incorporated herein by this reference
(b) The collection of an unlimited number of bundles of
boxes, cartons, shrubs, tires, trees (less than six
inches in diameter), small tree limbs, strips of boards
or lumber and other solid waste, subject to the stipulation
that said bundles shall not exceed five feet in the
longest dimension - and — —
girth and shall not exceed eighty (80) pounds per
bundle Any material not provided in this manner
for collection shall be subject to a special pickup
charge as provided for herein
(2) Exemption to Residential Full Service Collection service
for items too large or too heavy, which exceed the standards
of the preceding section, may at the customer's request
be obtained as an additional service at extra cost and
shall apply to items that exceed 250 pounds each Calls
for service to collect these items shall be made at leasit,
one full business day in advance of the day specified for
the additional collection service The Contractor shall
determine the day for the additional collection service,
but the service to the customer requesting it shall be
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made within five (5) working days of receipt of such call
The place of collection for this additional service shall
be the same place as for the place for regular collection
(3) Senior Citizen Limited Service Rate 1Lenior citizen
residential customer:, as qualified below,' may apply to thee
City (Director of Finance & Administrative Services) for
the senior citizen limited service rat, Uponappr9v,a1
by'the City and uponnotification'to theeon ;tractor,,the
rate shall be $2 10 Per month for the w,eekly'removalbf
one (1) can or container per week. - t-Thk'income'limit'fotf:
this special rate shall be $6,000 00 per:year, if single ,,;,,,.„4 6,
and no more than $8,,000 00 combined/married To;Tfqi.la!i tify,
the customer must show satisfactory prooflunder oath c in i'7V
writing to the City that he or she 'k r)
I
'Act (a) Is at least sixty-five (65) years of age or older
and falls falls within the prescribed income limitations ',4,4
(b) Must state under oath that he or she will inform the
City in writing if there is any change in their or
the household's status as it relates to the requirements
set forth The City may require an updated application
at any time
(c) Has resided at such residence for a period of not
less than ninety (90) consecutive days and has indicated
an intention to remain at such place
(d) Must certify to the City that one can per week is
adequate to meet the normal needs of the residential
unit involved without creating a public nuisance or
a public health hazard
The Director of Finance & Administrative Services shall,
when timely and appropriate, furnish a listing to the Contractor
showing who is eligible to receive this special rate
Two or more violations relating to setting out more than
one can per week shall be sufficient cause for the Contractor
to terminate this special rate and impose the regular full
service charge
The Contractor shall provide this customer class annually,
one free Spring and one free Fall yard rubbish pickup
(4) Multi-Family Residential Service Rate For each occupied
unit or units of a multi-family residence the charge shall
be $3 65 per month for the weekly collection of two (2)
cans per unit
(5) Commercial Service Rate For each commercial establishment,
the charge shall be $4 85 per month for the weekly collection
of two (2) cans
(6) Public Food Establishment Service Rate For each public
food establishment, the charge shall be $16 25 per month
for the daily collection of one (1) can
B RATES FOR CONTRACTOR FURNISHED CONTAINERS IN LIEU OF CAN RATES
In the event a multi-family residence, a commercial establishment,
or a public food establishment, elects to utilize a Contractor
furnished container rather than the owner/proprietor's container
for disposal of solid waste, the Contractor shall provide a
suitable container within five (5) working days of the request
(or longer if agreed to by the customer) The charge for collection
of solid waste from Contractor furnished containers shall be
t„.
(1) $5 15 per collection for a one (1) cubic yard container
(2) $6 35 per collection for a one and one-half (1 1/2) cubic:
yard container
(3) $7 85 per collection for a two (2) cubic yard container
(4) $8 85 per collection for a three (3) cubic yard container.
(5) $11 25 per collection for a four (4)/Cubiclyard container:
0)1
(6) $14 45 per collection for a six (6) cilb-ic yard container
(7) $17 65 per collection for a,eight (8„)oubic yard.cor%ainer.4, TA4060g't t
The Contractor shall stAam'clean'container'sat=receivate rkial
subject to putrificatiorTr-at least once , a yedr, at np chatge;f0g4
customers At any othe1r time, in the event:l of'-a,public,he
nuisance, the Contractorshall clean offending containersno44ed
at an establishment specified in a written'notice from the C*
and may charge said establishment a one-time surcharge of $14,4
for pickup, steam cleaning and re-delivery to the premises
J
C ROLL-OFF CONTAINER RATES
For collection and disposal of solid waste contained in a roll-
off container, the charge shall be as set forth below, but the
dump fees shall be an additional charge
Container Size
Charge Per Pickup
(Dump Fees not included)
Eleven (11) cubic yards $ 27 00
Fifteen (15) cubic yards $ 28 90
Twenty (20) cubic yards $ 38 50
Twenty-five (25) cubic yards. $ 46 20
Thirty (30) cubic yards $ 47 55
Thirty-five (35) cubic yards $ 55 50
Forty (40) cubic yards $ 63 40
Forty-five (45) cubic yards $ 71 00
There shall be a minimum of two (2) collections per month, or,
in the alternative, the customer shall pay at two times the
applicable rate set forth above
The Contractor, at his discretion, may accept amounts in excess
of the yardage limitations set forth above and may charge for
such excess yardage on a pro-rata basis in accordance with the
above schedule
D MISCELLANEOUS RATES FOR SPECIAL SERVICES
Miscellaneous rates for service not included in the base rates
of paragraphs A, B and C above, shall be as follows
(1) $30 00 per hour for a truck and one (1) man crew for each
special collection requested by a customer when such is
not to be handled on the regular collection route
(2) $37 50 per hour for a truck and two (2) man crew for each
special collection requested by a customer
(3) $2 50 per compacted cubic yard (compacted at point of origina-
tion) plus disposal fees
(4) $2 50 per compacted cubic yard (compacted at point of origina-
tion) if compactor belongs to Contractor, plus disposal fees
(5) For containers larger than eight (8) cubic yards that are
ordered for short-term (less than thirty (30) days), the
rent for the container shall be $2 75 per day, plus a delivery
charge of $11 50
The applicable container pick-up charges are shown in Section
For containers of four (4), six (6) and eight (8) cubic
yards, the charges shall be as set forth below for temporary
service
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(
'o 7 ,
(6) $4 50 per trip for a return trip maybe cha'rged whene,the,44,
7) 30c per can per month extra for'colleb-tion of solid,aSt&
kept by the ContraC,tor's'route emplo”e'sshOws"„that'r,theetk -',
over twenty-five (25) feet but less tfianififty (50), fee0f 4
customer failed to,ylace cans at collgcb„ionpoi,ntlor,,Oviar
collection on the appropriate day,andr z ;th'e d6cumente-cEreObt
cans were not placeAout for colleCtIoe't :onhatdate.?VF;' ' , ,
from the collection point, 40c per can per month extra! 1
for collection of solid waste over fifty (50) feet but
Service Charge
Container Per Pickup
Four (4) cubic yards $.i 13 45
Six (6) cubic yards, . , . ,$16 60,,
Eight (8) cubic yards. (fr,1,9
less than seventy-five (75) feet from the collection point,
and 60c per can per month extra for collection of solid i
waste over seventy-five (75) feet from the collection point
(8) For pickups over the prescribed service level which can ,
be accommodated on the regular collection route, a fee
of no more than 75c per can or equivalent item collected
may be charged in addition to the regular fee The Contractor
shall strive to handle such items on the regular collection
route so as to benefit the customer with the lowest charge
possible
(9) For collection and disposal of tires, for other than "Residenti,
Full Service", fees as follows shall be charged, where
applicable
Automobile Tires 70c each
Truck Tires $ 1 50 each
Tractor Tires $ 6 50 each
MINIMUM CONTAINER SERVICE FREQUENCY
The minimum level container service shall be one pickup per
week for one (1), one and one-half (1 1/2), and two (2) cubic
yard containers All others shall be as worked out by the
Contractor with the customer
F SERVICE TO THE CITY
The Contractor shall make collections at all City Parks, Fire
Stations, the City Hall, the Library, Municipal Garage, Water
Shops and other city-owned or leased public buildings at least
once each week and it shall be reimbursed for such service at
the standard rates hereinabove set forth, except that materials
and debris gathered by the City during alley clean-ups and from
street sweeping may be hauled to the landfill for disposal without
cost to the City
2 TERM This agreement shall supersede any prior agreement between
the parties on the date it commences The term of this agreement
shall commence on September 30, 1982, and shall terminate on
September 30, 1987, unless sooner terminated as herein provided
3 PERFORMANCE BOND The Contractor agrees to the full performance
of all covenants herein contained and agrees to furnish to the City
a performance bond in the amount of $50,000 00 to insure performance
by itself, for and by its heirs, executors, administrators, successors
and assigns
4 DEFINITIONS Unless the context clearly required otherwise, words
used in this contract that are defined in Pasco Municipal Code Section
6 04 020 shall have the definition contained therein
5 INDEMNIFICATION The Contractor agrees to indemnify the City
against any and all claims for loss, liability, death or damage arising
out of or in connection with the solid waste service and in connection
with or arising out of the acts or omissions of the Contractor, its
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officers, agents, or employees, however caused The Contractor
shall appear and defend any action or suit instituted against the
City arising in any manner out of the acts or omissions defined
hereinabove The Contractor's duty to indemnify hereunder shall4
include all costs or expenses, arising out of ail claims specified,
herein, including all court and/or arbitrationsts ' filing fees,
4' •q^,1,0,t, i attorney fees and costs of set,tlement t, -
,,o, n''' ',"," 4 I Wir,' ''!,V 6 INSURANCE The Contractor shall procureandmaintain contini4O44ply ,,„t ,,,
during the term of this agreement Public Liabil i,,Ity, and prop4 -0,1 1DAMc;age
Insurance, and Automobile Liab'ility Insurance:r(-dyned,/ hirednO,n41
owned) Combined Single Limi6of $1,000,000 00Aits--equi'valentAv t0'1'
protect the City of Pasco for,claims arising,oa of Contractot.'s
waste service General Liability Insurance ihh_lI extend to 7t
Blanket Contractual Liability', Owners and Contr,actors Protectiiiee';'
'r,4 Or
Liability and Completed Operations ,
It is further understood and agreed that any liability Insurance
carried by the City of Pasco shall be considered in excess of that
provided by the policy notwithstanding the provisions of any other
Insurance clause to the contrary
The insurance policy shall contain the following clause or one
of the like effect "The insurance afforded by this policy shall
apply, with respect to any liability, or alleged liability, of any
one insured, as if separate policies had been issued to each insured"
All Insurance required under the agreement shall be subject to
the approval of the City of Pasco for adequacy of protection and
certified copies of all Insurance policies shall be filed with the
City Clerk of the City of Pasco upon execution of this agreement
7 BILLING AND COLLECTION The Contractor shall perform all customer
billings and shall collect all payments for services rendered hereunder
The Contractor shall be authorized to collect a two month advance
billing at the start-up of service The Contractor shall retain
these funds until such a time as the customer terminates service or
becomes delinquent in a payment and, in either case, the advanced
funds shall be applied to the final bill and the remainder, if any,
shall be refunded to the customer
In the instance of rental properties, the Contractor shall bill
and collect from the property owner, although the applicable advance
billing may be collected from the tenant(s) of rental properties with
the property owner's approval
The Contractor shall have the right to refuse service, subject
to the qualifications stated below, to a customer who is delinquent
in his account by two months or more An account is delinquent by
failing to pay the amount due as billed by the date stated in the
bill, which date shall be no less than fifteen (15) days and no more
than thirty (30) days from the date of the mailing of the bill
In order to invoke the right to refuse to collect solid waste,
the Contractor must provide to the City in writing, stating on oath,
the name and location of the delinquent account, the amount of the
delinquency, that the account is delinquent by two months or more,
that the customer has been sent one bill and two reminders, that the
Contractor has received no word from the customer as to special
payment problems the customer may be having, that a fourth notice
of non-payment, giving notice of termination has been ignored by the
customer The fourth notice of non-payment shall be printed in both
Spanish and English Upon providing the above, the Contractor shall
have the authority to terminate service to the customer The Contractol
shall notify the City of each termination within one week of such
termination
/
The Insurance shall name the City of Pasco as an Additional Iured
and shall not be cancelled without first giving the City of Pasco'
thirty (30) days prior written notice
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Provided the customer has been given prior written notice of
delinquency, the customer may be charged Interest at the rate of
one and one-half percent per month or 50c per month, whichever is
greater The customer may also be charged allthe costs of collecting
the delinquent account, including reasonable attorney , fees TheVs',
Contractor may collect any amounts owed in thettianner-provided by r o,,r Jpo"
law, including the enforcement,of a lien upon the property of the kli e, account ,
i
8 OWNERSHIP OF EQUIPMENT P.;Alliehicles;'falieS,;equipillenaa,Nd,
property used in per ormanceA the work unddrCthi's agreementsharI tY,V
be wholly owned and maintaineby the'Contractorprovided4 ,hp
that the Contractor may lease or rent equipment ,and Providfft440wr
that the City may at its option furnish equipment for uSe'by,t*Haar ,
Contractor Vehicles used for the collection and removal ofScilA,:r,
waste shall be enclosed refuse collection units; equipped with automatic
rear loaders and packers, or reasonably comparable equipment ',' Eacki,
truck shall also be equipped with brooms and shovels to clean up ahy
spillage which may occur during the loading or transporting of garbage
All trucks shall be kept clean and well painted, with the name of
the Contractor clearly lettered on the side of each vehicle All
vehicles shall be kept in good repair and working order The Contractor
must maintain proper registration on all vehicles used in performance
of the contract with the State Department of Licensing
9 OFFICE The Contractor shall maintain a local office within the
City, which office shall have a telephone and sufficient employees
on duty as may be necessary to handle complaints, orders for special
service, or to receive instructions from the City This office shall
be in operation between the hours of 8 00 a m and 5 00 p m , Monday
through Friday, except holidays, unless otherwise permitted by the
City
10 REPORTS In addition to any report required by law, the Contractor
shall keep adequate, complete and current records showing the number
and size of loads collected within the limits of the City and the
approximate tonnage of solid waste hauled by him to the disposal site
Such information shall be available to the City at the request of
the City Manager
The Contractor shall furnish the City current maps of its collection
routes and days of collection The Contractor shall give the City
at least five (5) working days notice prior to the date of any change
in the day of collection or in the location of any route
11 REQUIREMENTS ON CONTRACTOR'S EMPLOYEES The Contractor's employees
shall be required to be courteous at all times and shall not use loud
or profane language and shall do their work as quietly as possible
When collecting solid waste they shall follow regular walks for
pedestrians while on private property They shall replace covers
on cans and close all gates opened by them Employees shall wear
clean uniforms or clothing In the event an employee spills or tracks
debris, he shall be required to immediately clean and remove the
material If the employee does not do so, the Contractor shall clean
and remove such material within two (2) hours notice as given by the
City or its inspector
All workmen employed by the Contractor shall be competent and
skilled in the performance of the work to which they may be assigned
Failure or delay in the performance of this contract due to the
Contractor's inability to obtain workmen of the number and skill
required, shall constitute a default of the contract
12 MISSED COLLECTIONS Special pickups for missed collections not
the fault of the customer shall be made by the Contractor when ordered
by the City or its inspector at no extra cost to the City or the
customer In order to facilitate a determination of default for
missed collections, the Contractor shall cause to have written down
in a daily log the addresses of all residences and businesses that
failed to place garbage out for collection at the proper and regular
time Failure to so note such facts will create a prima facia pre-
sumption that the garbage was in fact placed out at its proper time
and that the Contractor was in fault for the missed collection
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If the Contractor fails to provide a special pickup within
twenty-four (24) hours of notification by the City through its authorized
representative, the City may cause to have the work done and the cost
thereof charged to the Contractor at the rate of twice the normals
charge for such pickup, but not less than $5,0for any such pickuK
'1
4 ,-,;1 ` 13 LIQUIDATED DAMAGES -Because a breach of 'the',!ser.vice provided0y,
this agreement would cause serious and substan,t4hidamage'tothes4W
and its occupants, and the,natiire,of this contr'acWwoUld rende*:-„It001",
impracticable or extremelT,difficullt-to'fix th0Ac,tual"damage,p's*a,4hed
by the City by such breach, 1Is agreed that in,,c -ase,of',breacyPOt
service the City may electcolrect'liquidatelamages"foieach
such breach and the Contractqtagrees 'to payitWtity as liqx.1:24a -4
damages, and not as a penalty, the amounts set -, 'fbr,th- hereinbeloia,,;1,,,,,t,0
such sums being agreed as the amount which the City will be daffiaik4A 0,
by the breach of such service Any election to seek such remedie0-
shall not be construed as a waiver of any remedies the City may,,fi4iV
as to any subsequent breach of service under this agreement
A truck beginning residential collection $ 25 00 per day
prior to 7 00 a m
f
Failure to collect missed collections $ 5 00 per day'l'
within twenty-four (24) hours of but not to exceed
notification to Contractor $50 00 per truck
per day
14 ANNEXATION Attention is directed to R C W 35A 14 900, regarding
the rights of franchise or permit holders for solid waste collection y N, and/or disposal within areas which may be annexed to the City
15 NON-DISCRIMINATION The Contractor shall not discriminate against
any person with respect to the terms and conditions of employment,
including but not limited to the hiring or discharging because of
such person's age, sex, race, creed, color, or national origin
16 COMPLIANCE WITH LAWS Throughout the term of this contract, the
Contractor, at his expense, will promptly comply with all present ,
and future laws and regulations of the federal, state and the Pasco
Municipal Code The Contractor shall also comply with the lawful
orders of all courts, departments, commissions, boards, officers,
or any other body exercising similar functions, with respect to the
collection, transportation and disposal of solid waste
17 ASSIGNMENT This agreement shall not be assigned without prior
written consent of the City
18 DEFAULT If the Contractor shall be in default in the performance
of any covenant contained herein and it is not cured within fifteen
(15) calendar days after receiving written notice thereof by the City
or, if the default shall be of such a nature that it cannot be cured,
then, in either event, the City may forthwith terminate this agreement
This agreement shall automatically terminate if the Contractor
shall be adjudicated bankrupt, or make a general assignment for the
benefit of creditors, or take the benefit of any insolvency act,
or if a permanent receiver or trustee in bankruptcy shall be appointed
for the Contractor's property
19 ATTORNEY FEES The Contractor agrees to pay reasonable attorney
fees in the event the City is required to retain an attorney to enforce
the Contractor's obligations hereunder
20 ARBITRATION Any disputes in the first Instance shall be directed
to the Director of Community Development for resolution All unresolved
disputes with respect to the handling of complaints under this agreement
shall be submitted to the City Maaager for final resolution
21 SERVICE HOURS Service shall not be provided in any residential
area prior to 7 00 a m unless otherwise authorized by the City 'ry,
Manager or his designee
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22 MODIFICATION This agreement constitutes the entire agreement
between the parties hereto and shall not be modified, except in 1
writing and on terms mutually agreed upon by both parties The
Contractor shall have the right, upon giving sixt ,x (60) days written;
notice to the City, to requestrre-negotiatidnhe rates and N terMsW
herein and shall have the bu ,dienof -prOof of ju'S:faifying aratinc,Oase
or a propose'd change, in 1anguag,7.0,
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“ttiOWJ, Ve(%A
1"
IN WITNESS WHEREOF, vt Ies -Theretw havs Aake9ut eci .rth110'etA.en,t t , the 4t
,,4„ti.,, on the ,, day and yearfirse'aiiiten. 4 1
, ,_ 'q i:
l' curyle0WPAsqo
P'
BASIN DISPOSAL, INC ,,d/b/a
PASCO GARBAGE SERVICE
To eiRm
b'te lo, City Attorney
E. A.-',Snider,, Mayort,
ATTES
, City Clerk.
STATE OF WASHINGTON)
SS
County of Franklin
On this day personally appeared before me Leonard Dietrich, Vice
President of Basin Disposal, Inc , and to me known to be the authorized
representative for the above-named Contractor and who executed the
within and foregoing Instrument, and acknowledged that he signed the
same as his free and voluntary act and deed, for the uses and purposes
therein mentioned r'
.2i'ven,under my hand and official seal this ?,/
: , 1982
_,.
...00111 4;/
No ar —'717-.1ic in and for
day of
tate og ,-,
Washington, residing at
STATE OF WASHINGTON)
ss
County of Franklin
On this day personally appeared before me E A Snider and
Evelyn Wells, Mayor and City Clerk of the City of Pasco, and to
me known to be the authorized representatives for the above-named
City and,who executed the within and foregoing Instrument, and ack-`
nowlgdged that they signed the same as their free and voluntary act
and deed, 'foi the uses and purposes therein mentioned
.
-1.17en under my hand and official seal this day of
1982.
./
Notary Public in and for t e State of
)1 -ke dli t ,
/ e r h 4
-
/
Washington, residing at
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