HomeMy WebLinkAboutR-1992-D6057 Training•
•
RESOLUTION NO, D 6 0 5 7
A RESOLUTION authorizing and directing the City Manager and the City Clerk of the
City of Yakima to execute an On -the -Job Training Agreement with Jack
Wilson and representatives of the State of Washington for training in the
City wastewater treatment facility.
WHEREAS, the city operates a wastewater treatment facility at which the State.
of Washington is desirous of placing Jack Wilson to be trained as a Wastewater
Treatment Plant Operator, and
WHEREAS, Jack Wilson has offered to be trained as a Wastewater Treatment
Plant Operator at the City wastewater treatment facility; and the City Council deems it
to be in the best interests of the City that the attached On -the -Job Training Agreement
be executed to provide for the responsibilities of the trainee and the entities in the
training program, now,, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City manager and City Clerk of the City of Yakima are hereby authorized and
directed to execute an On -the -Job Agreement with Jack Wilson and representatives of
the State of Washington for the purpose described above, a copy of which On -the -Job
Training Agreement is attached hereto and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this day of February, 1992.
ATTEST:
x
City Clerk
Mayor
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of: Feb. 11, 1992
ITEM TITLE: Vocational Rehabilitation Contract
SUBMITTED BY: Denny Covell, Director of Engineering and Utilities
Chris Waarvick, Wastewater Superintendent
CONTACT PERSON/TELEPHONE: Chris Waarvick/575-6078
SUMMARY EXPLANATION:
In the State of Washington, when a worker covered under Labor and Industries (L&I) is injured
and subsequently rehabilitated, yet cannot return to the original work, on-the-job training is
made available in an alternative compatible trade. Mr. Jack Williams has approached the
City through his vocational rehabilitation counselor, to request training as a wastewater
operator.
You are being requested, to allow the City Manager to execute the attached agreement whereby
jack Willaims would be involved in a 52 week on-the-job training opportunity with the City of
Yakima at the Wastewater Treatment Facility. The City provides the work environment and
supervision. The trainee provides, through the State, all recommended training materials,
clothing and is compensated by time loss benefits. The City has no liability for the existing
injury nor any that may occur during the 52 week training program. The training consists of
performing the normal daily tasks of the entry level operator at the treatment facility, and
training courses proctored by Wastewater Division staff. We have found involvement in
similar programs in the past to be highly beneficial to the trainee, the State, and the City.
The Legal Department has prepared past agreements and resolutions of which the attached
contract and resolution are modified only for contemporary application.
X Resolution Ordinance X Contract Minutes Plan/Map
Notification Other (Specify)
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Approve resolution authorizing City Manager to execute Training agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION
FORTIS
Restoring Futures
ON-THE-JOB TRAINING AGREEMENT WITH THE CITY OF YAKIMA
TRAINER: City of Yakima, Wastewater Treatment Plant
TRAINEE: Jack D. Williams/Claim No: K 736691
AGREED:
1. Training will be provided by the City of Yakima as a
Wastewater Treatment Plant Operator in training, 40
hours per week for the 52 weeks commencing on 02/03/92 and
ending on 02/02/93. All expenses will be paid by the
Department of Labor and Industries.
2. The Process Control Supervisor at the facility will provide
general supervision and outline training activities.
3. Mr. Williams will employ in the following: Chlorination,
janitorial equipment maintenance, laboratory testing, plant
operations, log entries, monitoring plant processes, gather-
ing samples, cleaning various plant equipment and other
related duties as required.
4. Carol 14.,:ison, Vocational Rehabilitation Counselor at FORTIS
Corporation, will provide monitoring of this Plan and will
abet both the trainee and the trainer as needed throughout the
52 weeks of training.
5. Mr. Williams will be responsible, prompt, efficient in his
work and timely in his academic assignments and aide by all
rules of conduct of employees of the City of Yakima.
6. The City of Yakima will not be responsible for any liability
for on-the-job injuries during the training duration. Mr.
Williams will submit any claim for any loss suffered due to
participation in the training, to the Department of Labor and
Industries under his existing Claim No: K 736691-W. Mr.
Williams will not have the Labor and Industries coverage
through the City of Yakima. Mr. Williams has observed the
conditions for the Yakima Wastewater Plant and is aware
of the constant risks of severe injury or death during the
activities during his performance there.
1111 N. 1st Street
Suite 6
Yakima, WA 98901
(509) 452-2002
Fax: 1-509457-6186
Mr. Williams recognized that his activities at the City
facility will bring him in contact will unusual working
conditions which include, but are not limited to, the
following:
- Exposure to chlorine gas;
-- Exposure to caustic materials;
- High electrical voltages;
* - Working on ladders, scaffolding and numerous flights of
stairs
- Working in confined spaces near location of toxic gases; and
-- Lifting of objects sufficient to cause back injuries or loss
balance if not lifted carefully
Mr. Williams for himself, his heirs, administrators and
assigns, does release and discharge the City of Yakima and its
officers, employees and agents form all claims, demands,
action causes of any sort, for injury sustained to his person
and/or property during Mr. Williams presence on the facility
premises and any other aspect of this learning experience,
due to negligence or any other fault.
7. The City of Yakima, as trainer, and as a non-profit organ-
ization,is not obligated for any wages, salaries or other
remuneration to the trainee for any services rendered. Mr.
Williams will continue to receive time -loss compensation under
Claim No: K 736691, throughout the training program.
8. The City of Yakima may terminate this Agreement at any time
for any reason related to the claimant's attitude,
attendance, work habits, performance etc.
9. The trainee acknowledge that he has had the opportunity to
read every part of the above Agreement and to consult an
attorney if he so chooses.
10. This contract will not be effective until signed by Jack
Williams and a representative of the Department of Labor
and Industries having authority to bind the State to the
responsibilities recited above, including the submission of
any new injuries under Mr. Jack Williams' Claim No: K 736691-
W. It is understood and agreed that Mr. Williams will not
start any training until the Department of Labor and
Industries submits a written affirmation of the authority of
its signatory representative.
11. Throughout the duration of this contract, Jack Williams is
not an employee of the City of Yakima, nor is there any
obligation for the City to employ Mr. Williams upon completion
of his training.
k D. Williams, Trainee
atte-ell# rZT7z.1
Carol K. ilson, Vocational Rehabilitation Counselor
01-3-92
Ka by Fr es, CIRS.
Ka by Fres, CIRS, District Manager
Richard A. Zais, Jr., City Manager
L & I Representative
* Working at unprotected heights some what restricted due
to Mr. Williams right wrist injury.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of: Feb. 11, 1992
ITEM TITLE: Vocational Rehabilitation Contract
SUBMITTED BY: Denny Covell, Director of Engineering and Utilities
Chris Waarvick, Wastewater Superintendent
CONTACT PERSON/TELEPHONE: Chris Waarvick/575-6078
SUMMARY EXPLANATION:
In the State of Washington, when a worker covered under Labor and Industries (L&I) is injured
and subsequently rehabilitated, yet cannot return to the original work, on-the-job training is
made available in an alternative compatible trade. Mr. Jack Williams has approached the
City through his vocational rehabilitation counselor, to request training as a wastewater
operator.
You are being requested, to allow the City Manager to execute the attached agreement whereby
jack Willaims would be involved in a 52 week on-the-job training opportunity with the City of
Yakima at the Wastewater Treatment Facility. The City provides the work environment and
supervision. The trainee provides, through the State, all recommended training materials,
clothing and is compensated by time loss benefits. The City has no liability for the existing
injury nor any that may occur during the 52 week training program. The training consists of
performing the normal daily tasks of the entry level operator at the treatment facility, and
training courses proctored by Wastewater Division staff. We have found involvement in
similar programs in the past to be highly beneficial to the trainee, the State, and the City.
The Legal Department has prepared past agreements and resolutions of which the attached
contract and resolution are modified only for contemporary application.
X Resolution Ordinance X Contract Minutes Plan/Map
Notification Other (Specify)
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Approve resolution authorizing City Manager to execute Training agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION
CANAL RECONSTRUCTION AND LAND EXCHANGE AGREEMENT
THIS AGREEMENT is made and entered into this 1364' day of
February 1992, by and between Roundup Co., a Washington corpora-
tion, d/b/a Fred Meyer, (hereinafter "Roundup") and the City of
Yakima, Washington, a municipal corporation of the State of Wash-
ington, whose address is 129 North 2nd Street, Yakima, Washington
98901 (hereinafter "City").
WHEREAS, Roundup owns land in the vicinity of North 40th
Avenue and Powerhouse Road in the City of Yakima; and
WHEREAS, Roundup wishes to develop said property by con-
structing a Fred Meyer store with adjacent parking areas; and
WHEREAS, Roundup proposes to relocate and reconstruct an
existing City of Yakima irrigation canal which currently bisects
the Roundup property (the portion of such canal on the Roundup
property is the "Fruitvale Canal"); and
WHEREAS, the City is willing to exchange land with Roundup and
permit said canal to be reconstructed on a different alignment in
order to facilitate construction of the Fred Meyer facility, now,
therefore,
In consideration of the mutual promises and covenants made
herein, the parties hereto agree as follows:
1. Existing Fruitvale Canal Property. The parties hereby agree
that the existing alignment of the Fruitvale Canal is located
within the real property legally described in Exhibit A,
attached hereto and incorporated by reference herein, herein-
after "Existing Fruitvale Canal Property."
2. New Fruitvale Canal Property. The parties hereby agree that
the new alignment of the Fruitvale Canal shall be within the
real property legally described in Exhibit 5, attached hereto
and incorporated by reference herein, hereinafter "New Fruit -
vale Canal Property."
3. Reconstruction of Fruitvale Canal (Phase 1). Roundup shall
relocate and reconstruct the Fruitvale Canal in accordance
with all of the approved plans and specifications which are
attached hereto as Exhibit C and incorporated by reference
herein. The newly constructed Fruitvale Canal shall be
located on the "New Fruitvale Canal Property." Said reloca-
tion and reconstruction of the Fruitvale Canal shall he com-
pleted on or before March 5, 1992, and all costs associated
with the relocation and reconstruction of the Fruitvale Canal
shall he borne by Roundup. The City shall have the right to
monitor, inspect, and oversee the construction activities at
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any time. The City shall also have the unconditional right to
approve or disapprove whether the relocation and construction
of the Fruitvale Canal, or any portion thereof, has been made
in accordance with this Agreement and the plans and specifica-
tion referenced above. Roundup's obligations to relocate and
reconstruct the Fruitvale Canal shall not be deemed to have
been completed unless and until the City Engineer provides
Roundup with a written acceptance of the construction.
4. Fruitvale Canal Piping (Phase 2). Roundup shall install
irrigation piping and construct other related improvements to
the Fruitvale Canal in accordance with all of the approved
plans and specifications attached hereto as Exhibit D and
incorporated by reference herein. The installation of irriga-
tion piping and construction of other related improvements
shall commence no earlier than October 20, 1992 and shall be
completed no later than February 28, 1993; provided, however,
that said installation and construction may be performed
before the 1992 irrigation season upon the City Engineer's
written authorization to do so based upon the City's determi-
nation that there are adequate resources and time to complete
the project before March 15, 1992. All costs associated with
the installation of irrigation piping and construction of
other related improvements shall be borne by Roundup. The
City shall have the right to monitor, inspect, and oversee the
construction activities at any time. The City shall also have
the unconditional right to approve or disapprove whether the
installation of irrigation piping and construction of other
related improvements, or any portion thereof, has been made in
accordance with this Agreement and the plans and specification
referenced above. Roundup's obligations to install irrigation
piping and construct other related improvements shall not be
deemed to have been completed unless and until the Yakima City
Engineer provides Roundup with a written acceptance of the
installation and improvements.
5. Warranties and Representations. Roundup represents and war-
rants to the City that the following are true and correct:
A. All relocation and construction activities contemplated
by this Agreement shall be completed in accordance with
all applicable approved plans and specifications;
B. All relocation and construction activities contemplated
by this Agreement shall be completed in accordance with
all applicable laws, statutes, ordinances, and regula-
tions, including, but not limited to, the 1991 Standard
Specifications for Road, Bridge and Municipal Construc-
tion published by the Washington Department of Transpor-
tation and the American Public Works Association; C.The
Fruitvale Canal shall be functional for its current and
intended uses for conveying water, and the Fruitvale
Canal shall be free of all material defects for a period
of one (1) year from the date of acceptance by the City;
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(agr/canal.rp)
D. To the best of Roundup's actual knowledge, there are no
hazardous substances present on or under the New Fruit -
vale Canal Property; and
E. Roundup shall not cause or permit any activities on the
New Fruitvale Canal Property which directly or indirectly
could result in a release of hazardous substances on or
under the property.
Roundup has owned the Roundup property for only a limited time
and therefore its knowledge about the property is limited.
The representations and warranties about the property in
Section 5(B) are limited to the best of its knowledge, based
entirely on any report or study done in connection with Round-
up's acquisition of the Property and without any independent
investigation of the Property other than any such report or
study.
In the event that, prior to the Closing Date, any hazardous
substances are discovered by either party on, in, under the
Property, the party discovering them will notify the other as
to any environmental reports about the Property received by
the party discovering them. In such event, either party may
elect in its sole discretion to cancel and terminate the duty
to exchange their respective parcels by written notice to the
other, in which case neither party will have any further
obligation to the other hereunder, unless the City within 10
days after receipt of such cancellation notice from Roundup
elects by written notice to Roundup to waive its right of
objection to the matter discovered.
6. Indemnities. Roundup shall protect, defend, indemnify, and
hold the City harmless from and against any and all claims,
demands, damages, losses, liens, liabilities, penalties,
fines, lawsuits, third -party claims or damages, consequential
damages whether foreseeable or unforeseeable, and other pro-
ceedings and reasonable costs and expenses (including reason-
able attorney's fees and disbursements), which accrue to or
are reasonably incurred by the City and arise directly or
indirectly from or out of, relate to, or in any way are con-
nected with:
A. Any breach of the representations or warranties contained
in this Agreement;
B. Any activities on the New Fruitvale Canal Property during
Roundup's ownership, possession, or control of the New
Fruitvale Canal Property which directly or indirectly
result in the New Fruitvale Canal Property or any other
property becoming contaminated with hazardous sub-
stances;
C. Any failure, problem with, reduction in capacity of, or
inability of the Fruitvale Canal or piping system to
transport and convey an adequate amount of water in
accordance with historic uses, existing agreements or
obligations, or valid water rights during the established
Page 3 of 8
(agr/canal.rp)
irrigation season of March 15 through October 15, 1992 or
March 15 through October 15, 1993 which results from
Roundup's breach of this Agreement, or any portion there-
of.
7. Financial Security for Indemnities. As financial security for
the indemnities made in paragraph 6 above, Roundup shall, on
or before March 5, 1992, deliver to the City a Standby Irrevo-
cable Letter of Credit for the benefit of the City in the
amount of Five Hundred Thousand Dollars ($500,000.00), which
Standby Irrevocable Letter of Credit may be unconditionally
drawn on by the City on sight when presented with the follow-
ing document:
Signed statement from the City Engineer of the
City of Yakima certifying that the Fruitvale
Canal construction has not been performed or
completed in accordance with approved plans and
specifications as of March 5, 1992, the date of
required compliance;
provided, however, that Roundup shall have no obligation to
deliver said Letter of Credit if the City Engineer of the City
of Yakima issues a written determination that the relocation
and construction activities contemplated by this Agreement
were completed on or before March 5, 1992. The City Engineer
of the City of Yakima shall not unreasonable refuse to make
said written determination of completion.
8. License to Use City Property. The City hereby grants to
Roundup a license to use, subject to all of the terms and
conditions of this Agreement, the Existing Fruitvale Canal
Property for the purposes of performing Roundup's obligations
under this Agreement. Roundup shall protect, defend, indemni-
fy, and hold the City, and its agents and employees, harmless
from and against any and all claims, lawsuits, damages, and
liabilities for personal injuries, property damage, or for
loss of life or property resulting therefrom, which in any way
arises from, relates to, or is connected with the condition or
use of the property covered by this license, or any means of
ingress to or egress from said property, pursuant to this
license, except liability for personal injuries, property
damages, or loss of life or property caused solely by the
negligence of the City.
9. Insurance. Roundup shall, during the entire period of reloca-
tion and construction, keep in full force and effect a policy
or policies of public liability and property damage insurance
with respect to the Fruitvale Canal properties, in which the
limits of public liability shall not be less than Two Hundred
Thousand Dollars ($200,000.00) per person and Three Hundred
Thousand Dollars ($300,000.00) per accident, and which the
property damage liability shall not be less than Seventy -Five
Thousand Dollars ($75,000.00). The policy shall name the
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City, its officers, agents, and employees as an additional
insured and shall contain a clause that the insurer will not
cancel or change the insurance without first giving the City
ten (10) days prior written notice. The insurance shall be in
a responsible insurance company chosen by Roundup. The City
shall be provided with a written insurance certificate prior
to the commencement of any relocation and construction activi-
ties.
10. Land Exchange. Upon satisfactory completion and acceptance of
the construction contemplated by paragraph 3 above, the par-
ties hereby shall exchange between themselves the Existing
Fruitvale Canal Property and the New Fruitvale Canal Property.
Roundup shall convey the New Fruitvale Canal Property to the
City by a statutory bargain and sale deed in the form attached
hereto as Exhibit E and incorporated by reference herein. The
City shall convey to Roundup the Existing Fruitvale Canal
Property by quit claim deed in the form attached hereto as
Exhibit F and incorporated by reference herein. Closing of
this land exchange transaction shall occur in the offices of
the City of Yakima Legal Department, 201 East Lincoln, Suite
5, Yakima, Washington, within ten (10) days after completion
and acceptance of the construction contemplated by paragraph 3
above. Roundup and the City agree to execute all necessary
excise tax affidavits and other relevant closing documents.
Other than the exchange of deeds, there shall be no exchange
of consideration for this land exchange transaction. At the
time of closing of the land exchange transaction, Roundup
shall, at its expense, provide the City with an American Land
Title Association standard form of owner's or purchaser's
policy of title insurance in the amount of One Hundred Thou-
sand Dollars ($100,000.00) for the New Fruitvale Canal Proper-
ty ensuring fee simple title to the New Fruitvale Property in
clear of all liens, encumbrances, exceptions, and reservations
other than nondelinquent real property taxes, rights reserved
in federal patents or state deeds, building or use restric-
tions common to the area, utility easements, ingress and
egress rights, relinguishment of access rights, or items dis-
closed in the preliminary title report and expressly approved
or waived in writing by the City. Roundup shall pay prior to
the date of closing all of its pro rata share of real estate
taxes assessed against the New Fruitvale Canal Property and
due and payable for the year of closing. The indemnities made
in paragraph 6 above shall survive the closing of this land
exchange transaction.
11. Performance Bond/Inspection Fee. As soon as possible after
execution of this Agreement, Roundup shall, in accordance with
the Yakima Municipal Code and City policies, deliver to the
City a fully executed performance bond in an amount equal to
all construction contract costs for both Phase 1 and Phase 2,
and in the form attached hereto as Exhibit G and incorporated
by reference herein. Roundup further agrees to pay the City
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(agr/canal.rp)
an inspection fee of 5% of the total value of all construction
costs for labor and materials for both Phase 1 and Phase 2.
12. Assumption of Construction Activities by City. In the event
that Roundup fails to satisfactorily complete the relocation
and construction activities contemplated by paragraphs 3 or 4
above, then the City may, at its option, enter the affected
properties and complete the relocation and construction using
City resources or contractors, and in such event, Roundup
agrees to pay the City for all reasonable costs and expenses
incurred to properly complete the applicable Phase of the
relocation and construction of the Fruitvale Canal pursuant to
paragraph 3 or 4, as applicable, which Roundup failed to do,
in accordance with the plans and specifications set forth in
this Agreement.
13. Liquidated Damages. In the event that Roundup fails to satis-
factorily complete the relocation and construction activities
contemplated by paragraphs 3 and 4 above, then the parties
hereto agree that the actual damages to the City will be
difficult or impossible to ascertain, and the parties there-
fore agree that Roundup shall pay the City liquidated damages
in the amount of One Thousand Dollars ($1,000.00) per day for
each day after the deadlines set forth in this Agreement for
which construction has not been completed in accordance with
this Agreement.
14. Discharge Into Canal Prohibited. Roundup shall have no right
to discharge any water, runoff, or other material into the
Fruitvale Canal at any time.
15. Notices. Any notices required or desired to be given under
this Agreement shall be in writing and personally served,
given by overnight express delivery, or given by mail. Any
notice given by mail shall be sent, postage prepaid, by certi-
fied mail, return receipt requested, addressed to the party to
receive at the following address or at such other address as
the party may from time to time direct in writing:
ROUNDUP CO.
c/o P.O. Box 42121
Portland, OR 97242
CITY OF YAKIMA
129 North 2nd Street
Yakima, WA 98901
Express delivery notices shall be deemed to be given upon
receipt. Postal notices shall be deemed to be given three (3)
days after deposit with the United States Postal Service.
16. Assignment. Roundup shall not transfer or assign this Agree-
ment, or any interest therein, without the consent in writing
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(agr/canal.rp)
of City, and it is agreed that any such transfer or assign-
ment, whether voluntary, by operation of law or otherwise,
without such consent in writing, shall be absolutely void and
shall, at the option of City, terminate this Agreement.
17. Waiver of Breach. A waiver by either party hereto of a breach
of the other party hereto of any covenant or condition of this
Agreement shall not impair the right of the party not in
default to avail itself of any subsequent breach thereof.
Leniency, delay, or failure of either party to insist upon
strict performance of any agreement, covenant or condition of
this Agreement, or to exercise any right herein given in any
one or more instances, shall not be construed as a waiver or
relinquishment of any such agreement, covenant, condition, or
right.
18. Time of the Essence. Time is of the essence of this Agree-
ment.
19. Law Governing. This Agreement shall be governed in all re-
spects by the laws of the State of Washington.
20. Successors and Assigns. This agreement shall be binding upon
and inure to the benefit of the parties hereto, their succes-
sors, and assigns.
21. Special Provision. Roundup represents that it is not a for-
eign person or corporation (as defined in Section 1445 of the
Internal Revenue Code), and withholding of Federal Income Tax
from the amount realized will not be made by City. An Affida-
vit and Certification prepared in conformance with IRS regula-
tions under Section 1445 of the Internal Revenue Code will be
executed by Roundup.
22, Entire Agreement. It is understood and agreed that all under-
standings and agreements, whether written or oral, heretofore
had between the parties hereto are merged in this Agreement,
which alone fully and completely expresses their agreement,
that neither party is relying upon any statement or represen-
tation not embodied in this Agreement, made by the other, and
that this Agreement may not be changed except by an instrument
in writing signed by both parties.
23. Litigation. In the event that any suit or action is insti-
tuted by either party to enforce compliance with or interpret
any of the terms, covenants, or conditions of this Agreement,
the prevailing party shall be entitled to collect, in addition
to necessary court costs, such sums as the court may adjudge
as reasonable attorney fees. The venue for any action to
enforce or interpret this Agreement shall lie in the Superior
Court of Washington for Yakima, County, Washington.
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FROM:YAKIMA CITY LEGAL DEPT TO: 583 294 9108 FEE 12, 1992 9:02AM #302 P.15
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first herein written.
Witness: CITY OF YAKIMA, WASHINGTON
i
AL,0e6/7E, X°
fittest:
i<v,
t
By:
R. A. Zais', Jr. City Manager
Witness: /1 ROUNDUP CO.
By( Ul �._ /i�<.s•� .�___
Its: L/ - j/c e- 7 7
Page 8 of 8
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