HomeMy WebLinkAbout1685 ResolutionRESOLUTION NO. 1685
A RESOLUTION Approving A Five Year Solid Waste Collection
Agreement With Basin Disposal Inc. and Authorizing The Mayor's
Signature Thereto.
WHEREAS, although the existing collection contract between
Basin Disposal and the City will not by its term expire for
several years, the City Council has determined that it is in the
best interest of the City and its citizens to enter into a new 5
year contract with Basin Disposal Inc. superceding the existing
contract, for the following reasons:
a. Automated collection service in residential
neighborhoods will increase the efficiency of the collector,
reduce its labor costs, thus improving cost control and greatly
reducing the likelihood of future rate increases; and
b. A test program for an automated refuse collection
system in residential neighborhoods has not only evidenced the
improved efficiency of the collector but proven to be of
practical benefit and convenience to the collector's residential
customers; and
c. The capital investment for the collector in an
automated system is substantial and requires the collector to
have a committment to at least five years of service to the
citizens of Pasco in order to keep initial rate increases to
cover the capital investment to the minimum level; and
d. Basin Disposal Inc. has continued for the life of the
existing contract to provide the citizens of Pasco with efficient
and quality service and with good rapport with the citizens of
Pasco and its government officials,
Now, Therefore,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO
RESOLVE AS FOLLOWS:
1. That certain solid waste collection contract between
the city and Basin Disposal Inc., proposed to supercede the
existing contract between the parties, a copy of which is
attached hereto and incorporated by this reference herein, is
hereby approved and the Mayor is authorized to sign the same on
Dehalf of the City of Pasco.
Evelyn Wells, City Clerk
DATED this /3 day of July, 1985.
ATTEST:
APPROVED AS TO FORM:
Basin Disposal Inc.
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SOLID WASTE COLLECTION SERVICE CONTRACT
THIS AGREEMENT, made and entered into this day of
, 1985, by and between THE CITY OF PASCO,
a municipal corporation of the State of Washington, hereinafter referred
to as the City, and BASIN DISPOSAL, INC , hereinafter called the Contractor,
and supercedes that agreement between the parties entered the
21st day of June, 1982
WI TNESSETH.
WHEREAS, the City has found it desirable to continue a contractual
relationship with the Contractor for the solid waste collection service
in the City of Pasco, and
WHEREAS, the City desires to implement a fully automated, state-
of-the-art collection system for residential customers while retaining
the "full service" collection program for its residential customers and
improving the likelihood of stable or reduced rates for all customers; and
WHEREAS, the Contractor hereby warrants and represents to the
City that it is fully able and Qualified to enter into this agreement to
provide the requirech quality and level of solid waste collection service to the
City, NOW, THEREFORE
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
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 (all rates specified in this agreement include all applicable
taxes)
A. RESIDENTIAL RATES
(1) Residential Full Service For each occupied residence or separate
unit thereof, the charge shall be $6 00 per month for weekly full
service solid waste collection services
Full service solid waste collection service shall include
(a) Provision and collection of a 105-gallon (capacity) automated
container, except that the Contractor will provide a 60-gallon
(capacity) automated container upon written request of a customer.
Contractor shall be responsible for repair and/or replacement
of such container within forty-eight (48) hours of notification
by customer Customer shall be responsible for cleanliness
of container
(b) The collection of an unlimited number of cans or containers
(including plastic bags) which individually weigh not more
than eighty (80) Pounds and otherwise meet the requirements
of P.M.0 6 04.100, which section of the code is incorporated
herein by this reference
Y
(c) 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 shall not exceed
two feet in 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) The collection of materials as provided in (b) and (c) above
shall be performed at no extra charge to respective customers unless,
however, all such materials on the respective collection date could
reasonably have been placed in the automated container provided
by the Contractor under (a) above: in such event, the Contractor
shall be authorized to assess the respective account a special collection
charge as provided for in Section 1E(8) of this agreement
(3) 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 least 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 requiring it shall be made within five (51
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.
(4) Senior Citizen Limited Service Rate A senior citizen residential
customer, as qualified below, may apply to the City (Director of
Finance & Administrative Services) for the senior citizen limited
service rate. Upon approval by the City and upon notification
to the Contractor, the rate shall be $2 25 per month for the weekly
removal of one 60-gallon capacity automated container per week
Th income limit for this special rate shall be $6,000 00 per year, if
single, and no more than $8,000 00 combined, if married To qualify,
the customer must show satisfactory proof under oath in writing to. the
City that he or she
(a) Is at least sixty-five (65) years of age or older and falls
within the prescribed income limitations
(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 container 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 refuse
than permitted under this special rate shall be sufficient cause for the
Contractor to terminate this special rate and impose the regular
full service charge, except, the Contractor shall annually provide
this customer class one tree Spring and one free Fall yard rubbish
pickup.
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B CAN RATES
(1) Multi-Family Residential Service Rate For each occupied unit
or units of a multi-family residence the charge shall be $3 85 per
month for the weekly collection of two (2) cans per unit: if, however,
such customer provides written request, the Contractor shall provide
a 60-gallon capacity residential automated container for each such unit
at the rate of $5 50 per month
(2) Commercial Service Rate For each commercial establishment,
the charge shall be $5 15 per month for the weekly collection of
two ( 2 ) cans
(3) Public Food Establishment Service Rate For each public food
establishment, the charge shall be $17 S5 per month for the daily
collection of one (1) can.
C 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 (other than the residential automated 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 (otr longer if agreed to by the customer).
The charge for collection of solid waste from Contractor furnished
containers shall be
(1) $5.50 per collection for a one (1) cubic yard container.
(21 $6 75 per collection for a one and one-half (1 1/2) cubic yard
container.
(3) $8 35 per collection for a two (2) cubic yard container
(4) $9 45 per collection for a three (3) cubic yard container
(5) $12 00 per collection for a four (4) cubic yard container
(6) $15.40 per collection for a six (6) cubic yard container
(7) $18.80 per collection for a eight (8) cubic yard container
The Contractor shall steam clean containers that receive material
subject to putrification at least once a year at no charge to customers
At any other time, in the event of a public health nuisance, the
Contractor shall clean offending containers located at an establishment
specified in a written notice from the City and may charge said
establishment a one-time surcharge of $10 00 for pickup, steam
cleaning and re-delivery to the premises
D. 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 .. . • . $ 28 75
Fifteen (15) cubic yards 30 75
Twenty (20) cubic yards • • 41.00
Thirty (30) cubic yards . 50 60
Thirty-five (35) cubic yards.. . 58 95
Forty (40) cubic yards . . 67.50
Forty-five (45) cubic yards 75 60
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
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E MISCELLANEOUS RATES FOR SPECIAL SERVICES
Miscellaneous rates for service not included in the base rates
of paragraphs A, B, C and D 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
(21 $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 origination)
plus disposal fees.
( 4 ) $2.50 per compacted cubic yard ( compacted at point of origination)
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 D.
For containers of four (4), six (6) and eight (8) cubic yards,
the charges shall be as set forth below for temporary service
Service Charge
Container Per Pickup
Four (4) cuhc yards .. • • .. $ 14 35
Six (61 cubic yards .... 17.65
Eight (8) cubic yards ... 20 75
(6) $4 50 per trip for a return trip may be charged when the
customer failed to place cans at collection point for regular
collection on the appropriate day and the documented record
kept by the Contractor's route employees shows that the cans
were not placed out for collection on that date.
(7) 304 per can per month extra for collection of solid waste over
twenty-five (25) feet but less than fifty (50) feet from the
collection point, 40a per can per month extra for collection
of solid waste over fifty (50) feet but less than seventy-five (15)
feet from the collection point, and 604 per can per month
extra for collection of solid waste over seventy-five (75) feet
from the collection point. rhis rate does not apply to automated container
(8) For pickups over the prescribed service level which can be
accommodated on the regular collection route, a fee of no more
than 754 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 "Residential
Full Service", fees as follows shall be charged, where applicable
Automobile Tires . ... • .. • • .70e each
Truck Tires.... .. • ... ... $ 1.50 each
Tractor Tires. . . • • • . . $ 6 50 each
F. MINIMUM CONTAINER SERVICE FREQUENCY
The minimum level container service shall be one pickup per
week for one (1), one and one-half (1 1/21, and two (2) cubic
yard containers. All others shall be as worked out by the Contractor
with the customer
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G 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 herein'above 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 supercede any prior agreement between
the parties on the date it commences. The term of this agreement
shall commence on July 22, 1985 and shall terminate on July 22, 1990,
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 requires 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 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 shall include all costs or expenses arising
out of all claims specified herein, including all court and/or arbitration
costs, filing fees, attorney fees and costs of settlement
6 INSURANCE: The Contractor shall procure and maintain continuously
during the term of this agreement Public Liability and Property Damage
Insurance, and Automobile Liability Insurance, (owned, hired, non-owned)
Combined Single Limit of $1,000,000 00 or its equivalent, to protect
the City of Pasco for claims arising out of Contractor's solid waste service
General Liability Insurance shall extend to provide Blanket Contractual
Liability, Owners and Contractors Protective Liability and Completed
Operations.
The insurance shall name the City of Pasco as an Additional Insured
and shall not be cancelled without first giving the City of Pasco thirty (30)
days prior written notice
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
ti , like effect "The insurance afforded by this policy shall apply,
1.11 respect to any liability, or alleged liability, of any one insured,
a_ 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 and prior to delivery of automated
container 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
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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(s1 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 and remove by peaceful means any contractor-provided
container then in possession of the customer. The Contractor shall
notify the City of each termination within one week of such termination
Reinstatement of service to any customer who is required to use a contractor-
provided container shall be subject to a twenty dollar ($20) reinstatement
charge
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 504 per month, whichever is greater. The customer
may also be charged all the costs of collecting the delinquent account,
including reasonable attorney fees The Contractor may collect any
amounts owed in the manner provided by law, including the enforcement
of a lien upon the property of the account
8 OWNERSHIP OF EQUIPMENT All vehicles, facilities, equipment
and property used in performance of the work under this agreement shall
be wholly owned and maintained by the Contractor; provided, however,
that the Contractor may lease or rent equipment, and provided further
that the City may at its option furnish equipment for use by the Contractor.
Vehicles used for the collection and removal of solid waste shall be enclosed
refuse collection units, equipped with automatic rear loaders and packers,
or reasonably comparable equipment. Each truck shall also be equipped
with brooms and shovels to clean up any 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
(a) 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.
lb) 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
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(c) Commencing in 1986 and each year thereafter, the Contractor
will provide by March 1, a profit/loss statement conforming
to generally accepted accounting principles for the preceding calendar
year and a pro-forma statement for the ensuing calendar year.
City reserves right to determine and disallow inappropriate operating
expenses and, on or before June 1 of the respective year, adiust
rates to maintain a reasonable profit margin of seven to ten percent
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 presumption that the garbage
was in fact placed out at its proper time and that the Contractor was
in fault for the missed collection
If the Contractor falls 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 normal charge for such pickup,
but not less than $5 00 for any such pickup
13 LIQUIDATED DAMAGES Because a breach of the service provided
by this agreement would cause serious and substantial damage to the
City and its occupants, and the nature of this contract would render
I 1 Impracticable or extremely difficult to fix the actual damage sustained
hy the City by such breach, it is agreed that in case of breach of service
the City may elect to collect liquidated damages for each such breach
and the Contractor agrees to pay the City as liquidated damages, and
not as a penalty, the amounts set forth hereinbelow, such sums being
agreed as the amount which the City will be damaged by the breach of
such service Any election to seek such remedies shall not be construed
as a waiver of any remedies the City may have 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
Failure to collect missed collections $ 5 00 per day - but
within twenty-four (24) hours of not to exceed $50 00
notification to Contractor 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 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
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16 COMPLIANCE WITH LAWS ihroughout 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 Manager 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 Manager
or his designee.
22. MODIFICATION This agreement constitutes the entire agreement
between the parties hereto and shall not be modified, except in writing
and on terms mutually agreed upon by both parties and with the further
exception that the City reserves sole authority to adjust rates as provided
for under Section 10(c) hereinabove The Contractor shall have the
right, upon giving sixty (60) days written notice to the City, to request
re-negotiation of the rates and terms herein and shall have the burden
of proof of justifying a rate increase or a proposed change in language.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
on the day and year first above written.
BASIN DISPOSAL, INC., d/b/a CITY OF PASCO
PASCO GARBAGE SERVICE
I / Lai,
By By AIW-P n ,
Leonard Dietrich, President 41oe W Jack n, Mayor
APPROVED AS TO FORM- ATTE‘T
)
Greg Rubstello, City Attorney Evelyn Wells, City Clerk
8
1
STATE OF WASHINGTON)
SS
County of Franklin
On this day personally appeared before me Leonard Dietrich,
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
Given under my hand and official seal this day of
, 1985.
Notary Public in and for the State of
Washington, residing at
STATE OF WASHINGTON)
'SS
County of Franklin
On this day personally appeared before me Joe W. Jackson 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 acknowledged
that they signed the same as their free and voluntary act and deed,
for the uses and purposes therein mentioned
Given under my hand and official seal this
1985.
,r day of
' /- —
Notary Public in and fort he State of
Washington, residing at -
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