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RESOLUTION NO. /);< 9' ~ /
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH YELLOW CHECKER LEASING, INC.
RELATING TO THREE SUPPLEMENTAL VEHICLES FOR THE DIAL-A-RIDE
PROGRAM.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
S OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an Agreement with Yellow Checker Leasing, Inc. relating to three
supplemental vehicles for the Dial-A-Ride progra, a copy of
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which is attached hereto, marked Exhibit "All and incorporated
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herein by reference as fully as though set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a.,n d~~~/dL-.:f--u.,{a~~ meeting thereof, held
::t:~e t:~~~~aY of J 7-<~ / ';197~~ b~,~he; following
AYES: Couns1i,lmen t.:tu:f;~/:j,~ (/??~~.1 ~1,~~k
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ABSENT: ;;;~~~~) /l~~ '~kfU
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" Cl. ty Clerk
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The foregoing resolution is hereby
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of
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1977.
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AP~;Z as to fo:m: CJ
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City At rney
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A G R E E MEN T
(Dial-A-Ride Service - 3 Supplemental Vehicles)
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THIS AGREEMENT is made and entered into at San Bernardino,
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15, 1977, by and between the
CITY OF SAN BERNARDI 0,
California, this
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day of
, 1977, to be
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effective August
, a municipal corporation, hereinafter referred to as "City",
7 and YELLOW CHECKER LEASING, INC., a California corporation,
8 hereinafter referred to as "Company".
9 WIT N E SSE T H:
10 WHEREAS, the parties hereto, on the 19th day of July,
11 1977, have entered into an agreement wherein and whereby it
12 is provided for Company to provide Dial-A-Ride service in the
13 City of San Bernardino for a period beginning June 1, 1977 and
14 ending midnight May 31, 1978, and
15 WHEREAS, Company, pursuant to that agreement, provides
16 Dial-A-Ride service using seven (7) passenger vehicles which
17 it leases from the City, and
18 WHEREAS, the parties hereto desire to enter into a suppleme t-
19 al agreement for a shorter term whereby it is provided that
20 Company will provide three (3) additional passenger vehicles
21 from its fleet for the term of this agreement and utilize said
22 vehicles in the operation of the Dial-A-Ride system provided
23 for by the agreement of the parties hereto dated July 19, 1977,
24 in order to maintain adequate Dial-A-Ride service within the
25 City of San Bernardino. A copy of said agreement dated July
26 19, 1977, was authorized by City Resolution No. 12867, and is
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27 on file in the Office of the City Clerk of City. Said agreement
is incorporated herein by reference as though set forth in full
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and at length; and
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WHEREAS, the parties hereto do, by this agreement, desire
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to provide for three (3) additional vehicles to be used for
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the Dial-A-Ride service on a short term trial basis,
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NOW, THEREFORE, in consideration of the mutual promises,
covenants, agreements and legal detriments herein contained,
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it is agreed as follows:
1. Term. The term of this agreement shall be for a
9 period of twenty-nine (29) calendar days commencing Monday,
10 August 15, 1977, and ending midnight on September 12, 1977.
11 Thereafter, the term hereof shall be continued in weekly incre-
12 ments (7 calendar days) until further arrangements are made
13 by the parties hereto or until terminated as provided herein.
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2. Service Area. Company agrees to provide and utilize
15 three (3) passenger vehicles from its fleet of vehicles for
16 the term of this agreement. Company shall utilize said three
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(3) vehicles in the operation of Dial-A-Ride service within
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the City as more particularly described in the agreement between
I the parties hereto dated July 19, 1977, on file in the Office
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of the City Clerk, and incorporated herein by reference hereinabov .
21 The parties hereto understand and agree that said three (3)
22 vehicles to be provided by Company are to be supplemental to
24 to the terms and conditions of an agreement of the parties hereto
23 those seven (7) vehicles presently operated by Company pursuant
25 dated July 19, 1977, on file in the Office of the City Clerk of
26 of City and incorporated herein.
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3. Service to be Provided. Company shall use the three
28 (3) vehicles provided for herein Monday through Friday (5 days)
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accordance with the requirements and standards set forth in
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of each week during the term hereof or during any extension
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hereof as hereinabove provided, and shall provide service in
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the agreement of the parties hereto dated July 19, 1977. Said
5 vehicles shall be used to provide thirty (30) minute call-to-
6 pickup service and shall be used during the hours of 7:00 a.m.
7 and 7:00 p.m. of each week day excluding the holidays of Labor
8 Day, Thanksgiving, Christmas and New Years Day; provided, however,
9 said vehicles shall not be used for more than ten (10) hours
10 per day per vehicle. It is understood and agreed by the parties
11 hereto that this agreement is in derogation of that portion
12 of Section 4 of the agreement of the parties hereto dated July
13 19, 1977, wherein it is provided that Company is to provide
14 all needed extra vehicles at no additional cost to City. Notwith-
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standing this modification, in the event it is necessary to
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provide additional vehicles in order to maintain ten (10) vehicles
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in operation during the hours specified, Company shall provide
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such additional vehicles at its sole expense.
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I 4. Service. There shall be no restrictions on passenger
leligibility. Passengers shall pay a standard fare of $.50 per
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21 person per one-way ride, anywhere in the area. Children under
22 five (5) years of age may ride free when accompanying an adult,
23 provided each said child is seated on the lap of the accompanying
24 adult if so required. Company shall retain all fares collected.
25 When Dial-A-Ride passengers phone for service, they will
26 be asked for their name, point of origin, point of destination
27 and the number of persons in their party to be transported.
28 The caller will be advised by the Operator/Dispatcher of the
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'approximate time of pickup.
I The system shall operate on a shared ride basis, which
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allows the Company to maximize the use of the vehicles and reduce
4 passenger waiting time to a minimum. Every effort will be made
5 to pick up waiting patrons within a 30-minute period (Monday
6 through Friday) from the time calls are made. Vehicles shall
7 not wait longer than two minutes to pick up any individual passen-
8 ger. The driver shall do all that is reasonably possible to
9 avoid undue delay of any passengers either at the point of pickup
10 or enroute. The passengers shall have no control over the routes
11 of the vehicles.
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5. Feeder Service to Bus Routes. A passenger transported
13 to the nearest Omnitrans bus route serving his destination shall
14 pay the regular $.50 fare, and Company shall retain all such
15 fares collected. Company, upon request, shall provide the passen-
16 ger a free transfer for Omnitrans bus service. Omnitrans shall
17 return to the City of San Bernardino all such transfers collected
18 from Dial-A-Ride passengers transferring to Omnitrans buses,
19 land City shall pay to the Company $.10 for each transfer returned
20 Ito City by Omnitrans.
21 Dial-A-Ride Operators/Dispatchers shall be required to
22 be completely familiar with the bus routes and schedules of
23 Omnitrans buses within the City. Bus route maps superimposed
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over a street map of the City and route schedules shall be in
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full view of the Operators/Dispatchers at all times while they
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are performing their duties.
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When a passenger requests Dial-A-Ride service to a des tina-
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tion within a Zone also served by one of the Omnitrans bus routes,
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a destination within one block either side of any such route,
or to a destination outside the Zone which is served by an Omnitra s
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route, the Operator/Dispatcher will suggest to the passenger
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that it is desirable for a free transfer to be made to an Omnitran
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bus for the remainder of the trip.
Transfer to bus service shall not be required when it
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may be inconvenient for the passenger for good cause, e.g.,
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when a passenger is carrying heavy packages, when the passenger
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would be made late for an appointment as a result of the transfer,
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or is physically unable to board a bus or walk short distances.
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In such cases, Dial-A-Ride should provide door-to-door service
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within the Zones, even though the destinations are common to
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Omnitrans routes.
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Service shall be provided to passengers from both Zones
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on Gilbert Avenue; the Social Security Administration Office I
at 2110 East Highland Avenue; the Community Hospital at seventeent~
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to the following areas:
the St. Bernardine Hospital and the
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medical services adjoining offices, particularly the offices
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at 399 East Highland Avenue; the San Bernardino County Hospital
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and Muscott Streets; and the Kaiser Clinic at 1717 Date Place.
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6. Drivers' Services. Dial-A-Ride vehicle drivers shall
22 not be permitted to accept "tips" or gratuities from passengers,
23 and a sign so stating shall be prominently displayed in each
24 vehicle. City shall have the right to specify the size and
25 lettering for the sign. When requested, and when reasonably
26 necessary, drivers shall assist passengers requiring help with
27 packages, parcels and the like. No charge shall be made or
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1 A sign requesting that there shall be no smoking will
2 be prominently displayed in the front of the inside of each
3 Dial-A-Ride vehicle. The sign shall be placed over the visor
4 so as to be visable to all passengers. The driver shall, if
5 necessary, request that passengers refrain from smoking.
6 If a Dial-A-Ride vehicle is parked on a City street during
7 the regular hours of operation and a person requests Dial-A-
8 Ride service from the driver, the driver shall radio this request
9 to the dispatcher and the dispatcher shall determine which bial-
10 A-Ride vehicle will transport the passenger to the destination
11 requested.
12 Company's driver, while in the performance of Dial-A-
13 Ride duties, shall not solicit, persuade, cajole, proselytize,
14 or in any other way coax or encourage Omnitrans bus passengers
15 to use Dial-A-Ride service rather than bus service. Company
16 drivers shall provide information to passengers only when informa-
17 Ition is requested by a passenger.
18 Company shall provide Dial-A-Ride service to handicapped
19 persons who are able to enter and exit from the Dial-A-Ride
20 vehicle without assistance from the driver. The Company's driver
21 shall accept those handicapped persons who require the assistance
22 of pedestrian walkers, collapsible wheelchairs (those that can
23 be transported in the trunk of the vehicle), guide dogs or walking
24 canes. There shall be no additional fee charged for providing
25 such service to handicapped persons.
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7. Payment to Company. City shall pay to Company at
27 the rate of eight dollars and twenty-five cents ($8.25) per
28 operating hour for the operation of each of the three (3) vehicles
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operated by Company pursuant to Section 3 hereof, and used in
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the Dial-A-Ride program, up to the maximum of ten (10) hours
3 per vehicle per day. City shall pay the Company on or before
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the 10th day of the month following the receipt of the billing
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for the prior month.
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The compensation for operation, together with the fares
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collected, shall constitute full compensation to Company to
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cover profit and all costs of operation, including the salaries
of all employees, fuel, maintenance and upkeep, insurance and
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all other costs attributable to the program.
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8. Communications. Company shall provide, operate and
12 maintain a central communications center in the City of San
13 Bernardino. Said center shall be equipped with two-way radio
14 communications for the dispatch and control of Dial-A-Ride vehicle
15 in the field, and with at least four telephones and lines to
16 receive requests from the public for Dial-A-Ride service. Special
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telephone numbers shall be established for Dial-A-Ride. Requests
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Ifor service on other Company telephone numbers, where the caller
Idoes not request Dial-A-Ride, may be handled as regular taxicab
Icalls. Two telephone Operator/Dispatchers shall be continuously
on duty in the central communications headquarters during the
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Ihours of operation hereunder.
9. Log. company's telephone Operator/Dispatchers shall
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maintain a communications center log of all calls received for
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a Dial-A-Ride service and a record of all rides actually provided.
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Said logs shall be maintained in the form and manner satisfactory
27 to the City. Company's drivers shall maintain a record of the
28 nature and extent of all trips on "Trip Sheets" in a form and
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manner satisfactory to City.
On or before the 5th day of each month, Company shall
submit a copy of all Dispatcher's communication log sheets and
drivers' "Trip Sheets" for the preceding calendar month, together
with a claim for the hours of service performed during said
month.
10. Audit. The City may audit the Company's Dial-A-
Ride books, records and dispatcher operations at any time between
the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday
of each week during the term hereof or within ninety (90) days
thereafter.
11. Termination. Both parties hereto shall have the
option to terminate this agreement by giving seven (7) days'
advance written notice to the other party of termination, and
this agreement shall terminate seven (7) days after said notice
is given.
12. Promotion. It shall be the joint responsibility
of the City and the Company to promote and encourage the use
of Dial-A-Ride and to prepare and distribute promotional literatur
setting forth the fare schedule, hours of operation, area served,
etc.
13. Liability and Insurance. Company hereby agrees to,
and shall, hold City, its elective and appointive boards, commis-
sions, officers, agents and employees, harmless from any liability
for damage or claims for damage for personal injury, including
death, as well as from claims for property damage which may
arise from Company's operations under this agreement, whether
such operations be by Company or by anyone or more person directl
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1 or indirectly employed by, or acting as agent for Company or
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by lease or agreement with Company. Company agrees to, and
shall, defend City and its elective and appointive boards, commis-
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sions, officers, agents and employees from any suits or actions
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at law or in equity for damage caused, or alleged to have been
caused, by reason of any of the aforesaid operations.
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Company shall file with the City Administrator of City
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a certificate of insurance for public liability evidencing insuran e
for protection coverage for the conduct of its programs and
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services. $100,000/$300,000 covering public liability and $50,000
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insuring against property damage claims.
14. Relationship of Parties. It is understood the con-
tractual relationship of the Company to City is that of independen
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contractor and shall be subject to the limitations and provisions
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of this agreement.
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15. Notices. All notices hereunder to be given shall
17 be sufficient if in writing and directed to the recipient thereof
18 at its last known address. Notices shall be deemed to have
19 been given if either (1) personally delivered to the recipient,
20 or (2) if addressed to the recipient and deposited in the United
21 states mail, postage prepaid and addressed to recipient's last
22 known address. The current addresses of the parties are as
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"City"
"Company"
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City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Yellow Checker Leasing, Inc.
1510 West Fifth Street
San Bernardino, CA
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16. Assignment. This agreement shall not be assigned
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by either of the parties hereto without the prior written consent
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1 of the other first obtained.
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17. Amendment. This agreement may be amended only by
3 written agreement executed by both parties and failure on the
4 part of either party to enforce any provision of this agreement
5 shall not be construed as a waiver of the right to compel enforce-
, ment of such provision, nor act to relieve any party of its
7 obligations under this agreement.
8 IN WITNESS WHEREOF, the parties hereto have executed this
9 agreement on the date first hereinabove written.
ATTEST:
CITY OF SAN BERNARDI~
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YELLOW CHECKER LEASING, INC.
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By
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Approved as to form:
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C~ty A torney
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